Adjusted Rules Addressing the COVID-19 Workplace Requirements for Employer-Provided Labor Housing

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Due to rapidly declining COVID-19 cases and hospitalizations, Oregon OSHA is making substantive changes to OAR 437-004-1115: COVID-19 Workplace Requirements for Employer-Provided Labor Housing to remove provisions no longer appropriate to this stage of the pandemic. These changes are in response to Governor Brown’s announcement of updated health guidance on February 28, 2022 and direction from the Oregon Health Authority (OHA).

Major changes include the removal of several sections of the rule, including (3) Ventilation, (5) Physical distancing monitor, (7) Cleaning and sanitation, and (9) Non-employer-provided transportation for labor housing. In addition, the (2) Definitions section is greatly simplified.

Oregon OSHA no longer requires the Air Purification Method or the Capacity Reduction Method for calculating square footage for spaces where people sleep. However, if air purifiers were provided by the owner or operator as part of this provision, occupants must be allowed to continue to use the air purifier at no cost including the maintenance of the equipment. If occupants choose to use their own air purifier, they must be allowed to do so but they are responsible for the maintenance of it.

As was the case before these adjustments, the rule maintains language that an employee who chooses to wear a mask, face shield, or face covering, even when it is not required, must be allowed to do so.

These adjustments represent a significant removal of COVID-19 requirements, and are a major step forward towards the full repeal of the rule. As stated in the rule, Oregon OSHA will repeal the rule when it is no longer necessary to address the COVID-19 pandemic. Because it is not possible to assign a specific time for that decision, Oregon OSHA will consult with the Oregon OSHA Partnership Committee, the Oregon Health Authority, and other stakeholders as circumstances change to determine when all or parts of the rule can be appropriately repealed.

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This is Oregon OSHA Temporary Administrative Order 2-2022, adopted and effective April 13, 2022.

Oregon OSHA contact: Sarah Rew, Salem Central Office @ 503-378-3272, or email at sarah.c.rew@dcbs.oregon.gov.

Direct link to the rulemaking (notice letter, temporary administrative order, filing documents, and text of changes)

Please visit our website osha.oregon.gov/rules to view our adopted rules, or select other rule activity from this page.