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COVID-19 Update: Oregon OSHA Temporary Rule

Oregon OSHA adopted a temporary rule addressing COVID-19 workplace risks. Most of the rule’s provisions took effect on Nov. 16, 2020. Certain provisions of the rule have different effective dates as summarized below. The rule applies only to those with employees in Oregon through May 4, 2021, unless revised or repealed before that date. 

Following is an overview of the temporary rule, including the provisions and their respective effective dates along with information specific to “exceptionally high risk” jobs, as provided by Sedgwick.

PROVISIONS: EFFECTIVE NOV. 16

  • Applies to all employees working in places of employment subject to Oregon OSHA’s jurisdiction.

  • Includes mandatory workplace guidance for 19 separate industry sectors.

  • Requires physical distancing between employees of at least six feet unless the employer is able to demonstrate that such physical distancing is not feasible.

  • Requires masks, face coverings or face shields for all individuals at the workplace and during vehicle travel when more than one employee is in the vehicle.

    • “Individuals” refers to employees, sub-contractors and independent contractors as well as customers and patrons.

    • Masks and face coverings are strongly recommended instead of face shields.

    • Regardless of the covering, employers should provide them at no cost to their employees.

    • Review this guidance for more information on this provision.

  • Obligates employers to frequently sanitize their workplaces. The employer’s obligation varies depending upon hours of operation.

  • Requires notice within 24 hours to employees working in the same workspace as a confirmed COVID-19 individual, but does not apply to settings where patients are hospitalized on the basis that they are known or suspected to be infected with COVID-19. Notice should occur to both exposed and affected employees.

    • Exposed employees are those who have worked within six feet of the COVID-19 individual for a cumulative period of at least 15 minutes.

    • Affected employees are those who share the same general workspace, such as a facility, or a portion of a facility, such as a particular floor.

  • States that employers must make testing available to its employees and provide space to allow testing to be completed whenever a local health agency or the Oregon Health Authority indicates that COVID-19 diagnostic testing in the workplace is necessary.

  • Allows for the medical removal of employees if the Oregon Health Authority, local health agency or medical provider recommends those workers to quarantine or isolate.

 PROVISIONS WITH DIFFERENT EFFECTIVE DATES
Other provisions of the rule take effect on different dates, including:

  • Nov. 23, 2020: Those employers who operate or otherwise control buildings must take steps to manage the safety of common areas.

  • Dec. 7, 2020: Employers must have conducted an exposure risk assessment. Additionally, employers must have developed an infection control plan.

  • Dec. 21, 2020: Information and training must be provided to workers regarding COVID-19.

  • Jan. 6, 2021: Employers must optimize their heating, ventilation and air conditioning (HVAC) systems to the extent that the system can do so based on its original design, and the outdoor air quality is at “good” or “moderate” levels.

 PROVISIONS FOR HIGH RISK JOBS
The rule also contains provisions relating to “exceptionally high risk” jobs, which is defined to include direct patient care or decontamination work; aerosol-generating or postmortem procedures; and first-responder activities. The rule covers the following topics:

  • Detailed infection control training and planning.

  • Sanitation procedures for routine cleaning and disinfection.

  • Robust use of personal protective equipment.

  • Operation of existing ventilation systems according to national standards.

  • Use of barriers, partitions and airborne infection isolation rooms.

  • Screening and triaging for symptoms of COVID-19.

 PROVISIONS FOR HIGH RISK JOBS
The rule also contains provisions relating to “exceptionally high risk” jobs, which is defined to include direct patient care or decontamination work; aerosol-generating or postmortem procedures; and first-responder activities. The rule covers the following topics:

  • Detailed infection control training and planning.

  • Sanitation procedures for routine cleaning and disinfection.

  • Robust use of personal protective equipment.

  • Operation of existing ventilation systems according to national standards.

  • Use of barriers, partitions and airborne infection isolation rooms.

  • Screening and triaging for symptoms of COVID-19.

 RESOURCES