Information on the COVID-19 Rule Changes

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In line with updated public health guidance from the Oregon Health Authority (OHA), Oregon OSHA will rescind its COVID-19 requirements for all workplaces and employer-provided housing beginning April 3, 2023.

In order to rescind the rules, the division, under the Administrative Procedures Act (APA), must first implement a “temporary rule,” suspending the COVID-19 requirements, which will take effect on April 3. Suspending the COVID-19 requirements through a temporary rule will give Oregon OSHA the time it needs under the APA to adopt a rule that makes the rescission of COVID-19 requirements permanent.

Oregon OSHA had already removed many of the COVID requirements – including indoor use of facial coverings – for general workplaces and employer-provided housing while keeping such measures in place for health care settings. The division finalized those rule changes in late September 2022 using the same process that will be utilized here and following updates to public health guidance and stakeholder input.

Oregon OSHA’s current move to fully rescind its COVID-19 requirements – including for health care settings – further aligns the division with OHA’s most recently updated guidance and additional stakeholder feedback.

Also, Oregon OSHA will implement rule changes to its existing protective work clothing provisions to allow workers to still wear a facial covering if they so choose. If the employer requires a facial covering, the employer must provide it at no cost to the worker. The change is in response to a request that grew out of the division’s discussions with its rulemaking advisory committees, OHA, and other stakeholders. Moreover, provisions requiring employers to cover the costs of COVID-19 testing – if the employer directs such testing – will no longer stay in place as an Oregon OSHA requirement. Instead, such measures would fall under existing rules maintained by the Oregon Bureau of Labor and Industries.

As Oregon OSHA makes those changes, the division will continue to meet, at least monthly, with its Agricultural Labor Housing Advisory Committee to seek comprehensive safety and health improvements to the division’s employer-provided housing rules.

More details about all of these changes and rulemaking efforts are available in the following Workplace Advisory Memo:

https://osha.oregon.gov/OSHARules/advisorymemos/advisory-memo-covid-19-rule-requirement-changes.pdf

“All of these changes, and the hard work that goes into them by so many people, speak to our ongoing dedication to worker safety and health, continuous improvement, stakeholder engagement, and alignment with updated health guidance,” said Renee Stapleton, administrator for Oregon OSHA. “The changes to our COVID-19 requirements also reflect the integrity of what we said during the pandemic – in both public statements and public rule documents – which is that we would fully repeal those requirements when they are no longer necessary to address the pandemic in the workplace.”

The following are highlights of the changes that are under way:

• Temporary rulemaking to achieve the suspension of COVID-19 rules, with time to prepare for rulemaking that makes the suspension permanent.
• Adoption of changes to work clothing provisions for Division 2, 3, and 4, allowing workers to still wear a facial covering if they so choose. This will be the case unless wearing a facial covering creates – or otherwise exposes the employee to – a hazard. If employers require employees to use facial coverings, then they must supply such items to employees at no cost. The changes to the work clothing provisions will not be unique to COVID-19; they will also apply to other reasons an employer or employee may choose to use facial coverings.
• Provisions requiring employers to cover the costs associated with COVID-19 – if testing is conducted at the employer’s direction – will no longer stay in place as an Oregon OSHA requirement. Instead, they would fall under existing rules maintained by the Oregon Bureau of Labor and Industries: OAR 839-020-0040 and OAR 839-006-0242.
• Meetings and discussions continue with the Agricultural Labor Housing Advisory Committee as Oregon OSHA seeks comprehensive improvements to its employer-provided housing rules. The committee’s discussions will include consideration of infectious disease prevention, control, and response measures.

Meanwhile, Oregon OSHA fully supports OHA and Center for Disease Control (CDC) COVID-19 recommendations. Their recommendations are available at:

OHA – https://www.oregon.gov/oha/covid19/Pages/index.aspx
CDC – https://www.cdc.gov/coronavirus/2019-nCoV/index.html

The following are Oregon OSHA resources to help with rule updates, follow rulemaking efforts, and to get free help with safety and health programs, and technical information:

Oregon OSHA rulemaking: https://osha.oregon.gov/rules/making/Pages/adopted.aspx

Agriculture Labor Housing Rulemaking Advisory Committee: https://osha.oregon.gov/rules/advisory/ag-emp/Pages/default.aspx

Consultation services – provides free and confidential help with safety and health programs, including how to control and eliminate hazards, and hands-on training
• Phone (toll-free in Oregon): 800-922-2689
• Field offices
• Online
• Email: consult.web@dcbs.oregon.gov
Technical staff – Helps employers understand requirements and how to apply them to their worksites
• Phone (toll-free in Oregon): 800-922-2689
• Online
• Email: tech.web@dcbs.oregon.gov
Oregon OSHA is a division of the Department of Consumer and Business Services. The division enforces the state's workplace safety and health rules and works to improve workplace safety and health for all Oregon workers. For more information, go to osha.oregon.gov. The Department of Consumer and Business Services is Oregon's largest business regulatory and consumer protection agency. For more information, go to www.oregon.gov/dcbs/.

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