{"id":"DUT-OR-013","kind":"duty","level":"state","jurisdiction":"Oregon","state":"OR","metro":"","industry":"","agency":"","eco":"","issuer":"Oregon OSHA, Department of Consumer and Business Services","authority":"OAR 437-001-0744(3)(b) as amended by Administrative Order 10-2021 (Aug. 13, 2021; Ex. OR-049); OAR 333-019-1025 (OHA temporary rule PH 35-2021, Aug. 13, 2021; Ex. OR-048); ORS 654.022, 654.025(2)","instrument":"Oregon OSHA Workplace Advisory Memo 8.13.21: Employer Enforcement of Facial Covering Requirements in Relation to Customers, Clients, and Other Guests (Aug. 13, 2021)","title":"Employer Enforcement of Facial Covering Requirements in Relation to Customers, Clients, and Other Guests","dateIssued":"2021-08-13","effective":"2021-08-13 (with OAR 333-019-1025 and AO 10-2021)","end":"in force through Sept. 30, 2021 and beyond (OAR 333-019-1025 made permanent Jan. 2022; repealed 2022)","startDate":"2021-08-13","endDate":"2021-09-30","quarters":["2021Q3"],"types":["MASK","EMP","COND"],"addressees":["employers whose employees work in indoor spaces, including \u0027public and private workplaces\u0027 (OAR 333-019-1025 definitions, Ex. OR-048); owners or persons in control of premises (\u0027a person responsible for an indoor space\u0027)"],"clause":"The Oregon Health Authority has adopted OAR 333-019-1025, \u0022Masking Requirements for Indoor Spaces.\u0022 In response, Oregon OSHA has revised the provisions of OAR 437-001-0744(3)(b) to require employers whose employees work in such spaces to implement the requirements of the OHA rule.... As a matter of enforcement policy, Oregon OSHA will consider an employer to be making a reasonable effort","enforcement":"Civil penalties of up to $500 per day per violation under OAR 333-019-1025(9) (Ex. OR-048); Oregon OSHA citations under ORS 654.086 for violating OAR 437-001-0744(3)(b) as amended by AO 10-2021 (Ex. OR-049).","functions":[],"notes":"Announced that Oregon OSHA had written the OHA indoor masking rule into every employer\u0027s duties under OAR 437-001-0744(3)(b) and stated how it would enforce the OHA rule\u0027s command that a person responsible for an indoor space \u0027must\u0027 ensure that employees, contractors and volunteers comply, make reasonable efforts as to customers and post signs at every entrance: an employer makes a \u0027reasonable effort\u0027 if it fully complies with the employee-compliance and signage duties, \u0027if practical, provides an audible reminder\u0027 by announcement or intercom, and \u0027does not actively contradict or otherwise undercut the rule\u0027s requirements.\u0027 Character as recorded: agency_position_statement (release, FAQ, memorandum or statement; covid_workplace_rule layer).","sourceUrl":"https://osha.oregon.gov/Documents/COVID-19-memo-re-face-covering-requirements.pdf","snapshot":"https://web.archive.org/web/20210813182630/https://osha.oregon.gov/Documents/COVID-19-memo-re-face-covering-requirements.pdf","fileExists":true,"fileBytes":198930,"grade":"primary","character":"agency_position_statement","description":"","collection":"DUT-OR","url":"/library/DUT-OR-013","exhibitUrl":"/exhibit/DUT-OR-013","citation":"Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA Workplace Advisory Memo 8.13.21: Employer Enforcement of Facial Covering Requirements in Relation to Customers, Clients, and Other Guests (Aug. 13, 2021) (Ex. DUT-OR-013)","stateName":"Oregon","related":["DUT-OR-011","OR-048","OR-049","DUT-OR-014"]}