On November 6, Oregon OSHA adopted their final revisions to the COVID-19 workplace rules they announced in October to protect employees and suppress transmission of COVID-19. Most of the rules go into effect on November 16, 2020, and will remain until May 4, 2021, unless revised or repealed before that date.
Overview of the Final Rules
Physical distancing
All employers must ensure that both work activities and workflow are designed to ensure employees maintain six (6) feet of distance from another individual when fulfilling their job duties unless the employer determines and can demonstrate that such physical distancing is not feasible for certain activities.
Face coverings
Employers must ensure that all individuals (including employees, part-time workers, temporary laborers, customers, vendors, patrons, contractors, etc.) at the workplace or other premises subject to the employer’s control wear a mask, face covering, or face shield in accordance with the requirements of the Oregon Health Authority’s guidance. Consistent with that guidance, it is strongly recommended, but not required, that individuals wear a mask or face covering rather than relying upon a face shield alone.
Employers must provide masks, face coverings, or face shields for employees at no cost to the worker. If an employee chooses to wear their own mask, face shield, or face-covering instead of those provided by the employer, the employer may allow it but is not required to do so unless the employee chooses to wear a respirator under the “voluntary use” provisions of the Respiratory Protection standard (29 CFR 1910.134). When employees are transported in a vehicle for work purposes, all occupants in the vehicle must wear a mask, face-covering, or face shield.
Sanitation
Employers must regularly clean or sanitize all common areas shared equipment, and high-touch surfaces that are under its control and that are used by employees or the public. The frequency of cleaning is determined by the amount of time the workplace is occupied per day. Cleaning sanitation supplies must be conveniently provided throughout the workplace and employees must be given reasonable time to clean and sanitize.
Poster
The COVID-19 Hazards Poster must be posted in a conspicuous manner in a central location where workers can be expected to see it. Employees working remotely must be provided with a copy of the COVID-19 Hazards Poster through electronic or equally effective means. A Spanish version of the poster is also available.
Training
No later than December 21, 2020, employers must provide (remotely or using computer-based training) workers with information and training regarding COVID-19. Specific training topics are referenced in the final rule. The training must be provided in a manner and language understood by the affected workers. Employers must ensure that the training provides an opportunity for feedback from employees about the topics covered in the training. OR OSHA has said they will provide a sample template for this training.
Exposure Risk Assessment
By December 7, 2020, all employers must conduct a COVID-19 exposure risk assessment. If an employer has multiple facilities that are substantially similar, its assessment may be developed by facility type rather than site-by-site so long as any site-specific information that affects employee exposure risk to COVID-19 is included in the assessment. OR OSHA has provided a template risk assessment form for employers on their site.
Infection control plan
By December 7, 2020, all employers must establish and implement an infection control plan based on the risks identified in exposure risk assessments that implements the controls identified including, but not limited to, ventilation, staggered shifts, redesigning the workplace to accommodate physical distancing, reducing use of shared surfaces and tools, limiting the number of employees and other individuals in work areas, personal protective equipment, etc.
If an employer has multiple facilities that are substantially similar, its infection control plan may be developed by facility type rather than site-by-site so long as any site-specific information that affects employee exposure risk to COVID-19 is included in the plan. Employers with more than 10 employees statewide (including temporary and part-time workers) or that is considered a workplace at exceptional risk must document their infection control plan in writing and must ensure that a copy is accessible to employees at their workplace.
Infection notification process
Employers must establish a process to notify exposed employees (those who were within 6 feet of a confirmed COVID-19 individual for a cumulative total of 15 minutes or more, regardless of whether one or both of them were wearing face coverings) that they had a work-related contact with an individual who has tested positive for COVID-19, as well as to notify affected employees (those who worked in the same facility or in the same well-defined portion of the facility such as a particular floor) that an individual who was present in the facility has confirmed COVID-19). The notification process must also include a mechanism for notifying both exposed and affected employees within 24 hours of the employer being made aware that an individual with COVID-19 was present in the workplace while infectious or otherwise may have had work-related contact with its employee(s) while infectious. This notification process must be established and implemented in accordance with all applicable federal and Oregon laws and regulations.
COVID-19 testing
If Oregon Health Authority (OHA) or another local public health authority requires testing in the workplace, employers must cooperate by making employees and appropriate space available at no cost to the workers. If testing is conducted at the employer’s own direction, the employer is responsible for covering the costs of testing including but not limited to the COVID-19 test itself, employee time, and employee travel.
Medical removal
When the OHA, local public health agency, or medical provider recommends an employee be restricted from work due to quarantine or isolation for COVID-19, the affected employee must be directed to isolate at home and away from other nonquarantined individuals.
Building Operators
By November 23, 2020, employers who operate or control buildings where the employees of other employers work must ensure that the sanitation requirements are met; post signs in areas where masks, face coverings, or face shields are required. The building operator may post a copy of OHA’s Masks Required sign.
Ventilation System Requirements
By January 6, 2021, employers must optimize the amount of outside air circulated through its existing heating, ventilation, and air conditioning (HVAC) system(s), to the extent the system can do so when operating as designed, whenever there are employees in the workplace and the outdoor air quality index remains at either “good” or “moderate” levels.
The new rules also contain industry-specific requirements for COVID-19 that employers must implement and comply with in addition to the requirements for all employers detailed above. These can be found in Appendix A of the final rules (link below). Industries required to comply with Appendix A include restaurants and bars, retail stores, indoor and outdoor markets, personal service providers, construction, indoor and outdoor entertainment and recreation, transit, collegiate and minor-league sports, professional and PAC-12 sports, swimming pools, sports courts and fitness organizations, K through 12 education and early education, colleges and universities, vet clinics, fire service, and emergency, law-enforcement, and jails and custodial institutions.
OR OSHA has provided a table for a quick reference overview of what is required in different categories of workplaces.
Full details on the new OR OSHA rules and industry-specific requirements can be found here.