Oregon OSHA has released its “Near Final Draft” of a COVID-19 Temporary Standard. This proposed new regulation sets forth a number of new rules for how an employer must operate in order to prevent the spread of COVID-19 and respond to any positive cases among its employees. The regulation applies to employers and building operators.

The draft of the regulation can be found here: https://osha.oregon.gov/rules/advisory/infectiousdisease/Documents/Oregon-OSHA-Draft-Temporary-COVID-19-Rule-Sept-25-2020.pdf

Oregon indicates the new regulation will be in effect by November 1, 2020.

The new regulation will require each employer to:

  1. Prepare a risk assessment consistent with the new regulation in a process that involves employee participation.
  2. Ensure that face covering requirements are met by employees and customers.
  3. Appoint a “distancing officer” to ensure the six-foot distancing rule is enforced.
  4. Conduct specified training and post information in the workplace.
  5. Clean common areas and equipment as set forth in the new regulation.
  6. Comply with ventilation requirements.
  7. Reassign employees to positions that do not involve contact with other employees or the public when a public health agency or medical provider recommends employee quarantine or isolation.
  8. Advise other employees when an employee tests positive for COVID-19.
  9. Comply with industry/activity-specific guidance set forth in an appendix to the rule.

Oregon OSHA envisions that a permanent regulation may be promulgated in spring of next year.

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Photo of Lou Ferreira Lou Ferreira

Lou Ferreira is a senior partner with more than 30 years of complex trial experience. His practice focuses on insurance coverage and environmental, safety & health issues.

Best Lawyers in America® has consistently recognized Lou as one of the leading attorneys in…

Lou Ferreira is a senior partner with more than 30 years of complex trial experience. His practice focuses on insurance coverage and environmental, safety & health issues.

Best Lawyers in America® has consistently recognized Lou as one of the leading attorneys in insurance law. He has recovered hundreds of millions of dollars from insurance companies for his clients. Lou is AV Peer Review Rated for Energy & Environmental, Martindale-Hubbell’s highest peer recognition for professional ability and ethical standards. He represents clients in an array of environmental contexts, including issues related to negotiation of consent decrees with governmental agencies, lawsuits between potentially liable parties to allocate the cost of environmental cleanups, suits against insurance companies to recover the costs associated with environmental liabilities, and Citizen Suits under the Clean Water Act. Lou has tried cases under both the Comprehensive Environmental Response, Compensation and Recovery Act (CERCLA), and Washington State’s Model Toxics Control Act.

Lou regularly advises companies on a wide range of risk management issues, including matters concerning the U.S. Consumer Products Safety Commission, product liability, regulatory compliance, and contractual allocation of risks, as well as advising clients with regard to the procurement of a wide range of insurance products necessary to deal with their unique issues.

Lou has represented clients in OSHA and other types of regulatory enforcement actions involving workplace fatalities and other catastrophes. Lou is experienced in managing multi-agency investigations, coordinating evidence preservation, and making sure clients have the right experts involved to protect their rights and to understand the root causes of such events.

Prior to joining Stoel Rives, Lou served as law clerk to the Honorable Stephen S. Trott, U.S. Court of Appeals for the Ninth Circuit (1989–1990) and as an honors intern in the U.S. Department of Justice’s Environmental and Occupational Disease Litigation Section (1987). He also served as a Special Forces medic in the U.S. Army.

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Photo of Willa Perlmutter Willa Perlmutter

Willa Perlmutter chair of Stoel Rives’ OSHA group and co-chair of the firm’s mining group, has more than 40 years of experience as a litigator, focusing for the last 25 on defending mine operators across all sectors of the industry in administrative enforcement…

Willa Perlmutter chair of Stoel Rives’ OSHA group and co-chair of the firm’s mining group, has more than 40 years of experience as a litigator, focusing for the last 25 on defending mine operators across all sectors of the industry in administrative enforcement proceedings brought by the Mine Safety and Health Administration (MSHA) for alleged violations of the Mine Act.

In addition, she regularly counsels clients on a broad range of issues that affect their mining operations, from personnel policies and actions to compliance with a broad range of federal statutes. Willa regularly defends companies and individuals facing investigations and formal legal proceedings for alleged safety and health violations under both the Federal Mine Safety and Health Act of 1977 and the Occupational Safety and Health Act of 1970, whether those arise out of a catastrophic event, such as an accident, or in the course of a regular inspection by MSHA or Occupational Safety and Health Administration (OSHA). She has successfully defended a number of mining companies in whistleblower cases brought under the Mine Act.

Click here for Willa Perlmutter’s full bio.