Rules Addressing the COVID-19 Public Health Emergency in All Oregon Workplaces

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Oregon OSHA adopts these permanent rules to offer workers continued protection from COVID-19, a public health emergency which has persisted into 2022. The rule represents substantive changes and reductions made to OAR 437-001-0744: Rule Addressing COVID-19 Workplace Risks (COVID-19 rule). The rule removes indoor masking requirements as well as most of the other provisions no longer appropriate at this stage of the pandemic, and keeps in place many rules for exceptional risk workplaces.

The rule changes were in response to Governor Brown’s announcement of updated health guidance on February 28, 2022, as well as Oregon Health authority’s reduced masking requirements in public places and schools (OAR 333-019-1025 and OAR 333-019-1015 – which are no longer in effect).

During the rulemaking process, Oregon OSHA met with two Rulemaking Advisory Committees (one for general workplaces and one for exceptional risk workplaces), held two public hearings, and received approximately 115 public comments between June 29, 2022 and August 12, 2022.

Because the temporary amendments are set to expire, these changes and reductions are made permanent, otherwise the rule would have reverted back to the stricter requirements in Administrative Order 14-2021 adopted on December 21, 2021.

As stated above, this rule represents substantial changes and reductions to the COVID-19 rule, especially for general workplaces. The following requirements remain for workplaces not covered under exceptional risk:

• Employers must provide masks, face coverings or face shields for employees at no cost to the worker
• When an employee chooses to wear a mask, face covering, or face shield even when it is not required, the employer must allow them to do so
• When an employee chooses to wear a filtering facepiece respirator to protect against COVID-19, the employer must allow that use and follow the “voluntary use” provisions of the Respiratory Protection Standard (29 CFR 1910.134)
• Employers must facilitate COVID-19 testing for workers if such testing is conducted at the employer’s direction by ensuring the employer covers the costs associated with that testing, including employee time and travel

Additional provisions in the rule language remain as suggestions. Employers should:

• Continue to optimize the use of ventilation systems to help reduce the risk of COVID-19 transmission
• Follow OHA, public health, or medical provider recommendations for isolation or quarantine of employees for COVID-19, and
• Provide notice to workers who have had a potential work-related exposure to COVID-19 within 24 hours

The requirements for exceptional risk workplaces, which are primarily where direct patient care is provided, under sections (3) and section (4) of OAR 437-001-0744, generally remain in place. Indoor masking will still be required in exceptional risk workplaces, which include hospitals, doctor offices, dentist offices, urgent care, dialysis centers, and emergency medical providers.

Other changes are as follows:

• Employers are no longer required to screen and triage all individuals entering its healthcare setting for symptoms of COVID-19
• Exposure notification is no longer required in healthcare settings
• Physical distancing is no longer required in healthcare settings
• Contact tracing is no longer required in healthcare settings
• All of the Industry-Specific requirements in Appendix A are removed from the rule with the exception of Emergency Medical Services: First Responders, Firefighters, Emergency Medical Services, and Non-Emergency Medical Transport (formerly A-11); these requirements are updated to reflect masking changes in non-patient care settings

OHA also recommended that Oregon OSHA note in the rule that other regulatory bodies may have additional requirements or guidelines to be followed.

As stated in previous rulemaking documents, Oregon OSHA maintains its commitment to fully repeal this rule once it is no longer necessary to address the COVID-19 pandemic.

Please visit our website osha.oregon.gov -- Click ‘Rules and laws’ in the Common resources column and view our adopted rules, or select other rule activity from this page.