Category: OSHA

Stoel Rives’ Occupational Safety and Health Law attorneys have extensive experience helping clients understand and comply with federal and state occupational safety and health laws and regulations. Our attorneys have extensive experience representing clients in responding to citations that allege violations of safety and health regulations.

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Supreme Court Blocks OSHA’s Vaccine-or-Test Mandate but Allows CMS Vaccination Mandate for Most Health Care Workers

By John Dudrey, Ryan Kunkel, Tim O'Connell and Jim Shore on Posted in coronavirus, COVID-19, OSHA
Today, the Supreme Court blocked the Biden Administration’s vaccine-or-test mandate for large employers, known as the Emergency Temporary Standard (“ETS”), which we wrote about here.  The Court held that the federal agency that issued the ETS, the Occupational Safety and Health Administration (“OSHA”), has authority to regulate workplace safety issues, but not to regulate public … Continue Reading

Federal Court Allows OSHA Vaccine-Or-Test Rule To Move Forward

By James Dale, John Dudrey, Tim O'Connell and Karen O'Connor on Posted in Alaska, California, COVID-19, Oregon, OSHA, Utah, Washington
In a decision released late in the day on Friday, the United States Court of Appeals for the Sixth Circuit lifted a stay against the Occupational Safety and Health Administration’s (“OSHA”) rule requiring employers with 100+ employees either to require their employees to be vaccinated against COVID-19 or to submit to weekly COVID-19 testing and … Continue Reading

Oregon OSHA Issues Temporary Heat Rule

By John Dudrey and Lou Ferreira on Posted in Gov't Agencies, News, Oregon, OSHA
Yesterday, the Oregon Occupational Health and Safety Administration (“OR OSHA”) issued a temporary rule to address employees’ exposure to the hazards posed by temperatures in excess of 80 degrees. The rule applies whenever employees are required to work in conditions in which the “heat index temperature” (which combines air temperature with relative humidity to measure … Continue Reading

OR-OSHA Repeals Face-Covering and Distancing Requirements for Most Employers

By John Dudrey and Laura Rosenbaum on Posted in coronavirus, COVID-19, News, Oregon, OSHA
Effective today, the Oregon Occupational Safety and Health Administration (“OR-OSHA”) repealed the COVID-19 workplace safety rules that obligated most employers to require employees and visitors to wear face coverings and observe physical distancing rules in the workplace.  However, most of OR-OSHAs rules remain in effect and the repeal of the face-covering and distancing requirements does … Continue Reading

Oregon OSHA Signals Removal of Face Covering and Social Distancing Requirements

By John Dudrey and Laura Rosenbaum on Posted in coronavirus, COVID-19, Oregon, OSHA, Updates
Many Oregon employers and employees have been eagerly awaiting the day when we can return to mask-free social interactions and in-person work. On June 25, 2021, Governor Brown issued an Executive Order stating that effective June 30, 2021, Oregon is lifting its mask mandates, capacity limits, and social distancing guidelines. Oregon employers are also bound … Continue Reading

Oregon OSHA Announces Plans to Sunset Portions of Its COVID-19 Safety Rules Once Vaccination Target Is Reached

By John Dudrey, Ryan Kunkel and Karen O'Connor on Posted in coronavirus, COVID-19, Oregon, OSHA
Late last week, Governor Kate Brown announced that the State of Oregon would largely remove its mask and social-distancing requirements once 70 percent of adult Oregonians have received at least one dose of a COVID-19 vaccine.  Following that announcement, the Oregon Occupational Health and Safety Administration (“OR-OSHA”) published its plans to repeal at least some … Continue Reading

Minimum Wage Increase and Updated Workplace Posters

By John Dudrey, Karen O'Connor and Ryan Kunkel on Posted in COVID-19, Oregon, OSHA, wage and hour
It’s that time of year to prepare for minimum wage increases and update workplace posters.  Beginning July 1, minimum wage rates throughout Oregon increase, to $14.00 for Portland Metro, $12.00 for Nonurban Counties, and $12.75 as Standard. (See here for descriptions of the areas in each category.)  BOLI’s 2021-2022 Commonly Required Postings in Oregon Poster, … Continue Reading

Final OR OSHA Infectious Disease Rule Is Now Effective

By John Dudrey and Lou Ferreira on Posted in COVID-19, Oregon, OSHA, Uncategorized
Effective May 4, 2021, the Oregon Occupational Safety and Health Administration (“OR OSHA”) published its final rule requiring Oregon employers to continue to implement safety measures to protect against the spread of COVID-19.  The final rule is available on OR OSHA’s website.  Here is a summary of the permanent rule’s key provisions: No Sunset Date … Continue Reading

Oregon OSHA Proposes Final, Permanent COVID-19 Safety Rules for Oregon Employers

By John Dudrey and Karen O'Connor on Posted in coronavirus, COVID-19, Oregon, OSHA, Updates, workplace injury
As many of you know, effective November 16, 2020, the Oregon Occupational Safety and Health Administration (“OR OSHA”) adopted a comprehensive set of workplace safety rules designed to address the COVID-19 pandemic.  (More information about the rules is available here, here and here). These temporary rules remain in effect until May 4, 2021. Late last … Continue Reading

OR-OSHA Publishes Model Infection Control Policy Required by New COVID- 19 Rules

By John Dudrey, Lou Ferreira, Karen O'Connor and Willa Perlmutter on Posted in coronavirus, COVID-19, employer policies, Oregon, OSHA
On November 6, 2020, the Oregon Occupational Health and Safety Administration (“OR-OSHA”) published final temporary rules for workplace safety protections specific to COVID-19. Our alert about the new rules is available here. Among other requirements, the new rules require employers to adopt a COVID-19 Infection Notification policy for notifying exposed and affected employees of possible … Continue Reading

Take Action to Comply with OR-OSHA’s Final Temporary COVID-19 Safety Rules

By John Dudrey, Lou Ferreira, Karen O'Connor and Willa Perlmutter on Posted in coronavirus, COVID-19, employer policies, Oregon, OSHA
On November 6, 2020, the Oregon Occupational Health and Safety Administration (“OR-OSHA”) published final temporary rules for workplace safety protections specific to COVID-19. The text of the final rules is available on OR-OSHA’s website. The effective date for the new rules is November 16, 2020, although the timeline for different requirements under the rules varies. … Continue Reading

Oregon OSHA Releases Near Final Draft of its COVID-19 Standard

By Lou Ferreira and Willa Perlmutter on Posted in News, Oregon, OSHA
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. … Continue Reading

Oregon Now Requires Face Coverings in Public and Private Offices

By Caroline Sundbaum and Laura Rosenbaum on Posted in coronavirus, COVID-19, Oregon, OSHA, Updates
The Oregon Health Authority recently updated the state’s COVID-19 guidance to expand the use of face coverings to public and private offices. Under the new rule, masks, face coverings, or face shields are required at all times for office employees, including in hallways, bathrooms, elevators, lobbies, break rooms, and other common spaces, unless employees are … Continue Reading

OSHA Web Alert: New Enforcement Policy Places Respiratory Hazards Under Employer’s “General Duty”

By Adam Belzberg on Posted in OSHA, Updates
A new enforcement policy from the Occupational Safety and Health Administration (“OSHA”) states employers may face citations for subjecting their employees to hazardous air contaminants even if the levels are below or not covered by a permissible exposure limit. This new enforcement policy comes from OSHA’s recent memorandum released to the public on December 7, … Continue Reading

OSHA Rescinds Rule on Union Reps Participating in Safety Walk-Throughs

By John Dudrey on Posted in Labor, OSHA
The federal Occupational Safety and Health Administration (“OSHA”) announced late last week that it was rescinding its 2013 “Fairfax” memorandum, which allowed union representatives to participate in workplace safety walk-throughs. Here is the background. Soon after the Occupational Health and Safety Act (“the Act”) passed in 1970, OSHA interpreted the law to allow employees to accompany … Continue Reading

New Drug Testing Rules in Oregon Follow OSHA

By Ryan Kunkel, Carolyn Walker, Tim O'Connell and Jim Shore on Posted in Oregon, OSHA, Practical Tips, Updates, Washington, workplace injury
Employers are probably aware that OSHA’s new drug testing and anti-retaliation rule is now in effect. (See our post here discussing the rule.)  However, as we blogged previously, many states have their own reporting requirements, which are not required to track OSHA’s  rules precisely, but which must be “at least as effective” as OSHA’s rules. … Continue Reading

OSHA Delays Enforcement of New Reporting Requirements for Drug & Alcohol Testing

By Tim O'Connell on Posted in Gov't Agencies, OSHA, Updates
As previously reported, OSHA’s latest revisions for covered employers will dramatically impact routine post-accident drug testing programs.  The new rules are available for review here, but here’s what you need to know: OSHA Postponed Enforcement. OSHA just delayed the date on which it will begin enforcing these new requirements. OSHA’s memo postponing enforcement is available … Continue Reading

OSHA Promotes Workplace Safety by . . . Limiting Drug and Alcohol Testing?

By Ryan Kunkel, Karen O'Connor and Ryan Gibson on Posted in OSHA
Employers that promote workplace safety by ensuring workers are not under the influence of drugs or alcohol after they suffer a workplace injury will soon face greater scrutiny from the Occupational Safety and Health Administration (“OSHA”).  A new OSHA rule that goes into effect August 10, 2016 casts serious doubt on whether employers can lawfully … Continue Reading
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