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Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-051 Order Primary source read

Administrative Order 2-2020, Temporary rule addressing the COVID-19 emergency in employer-provided housing, labor-intensive agricultural operations, and agricultural transportation (OAR 437-004-1110 field sanitation and 437-004-1120 labor housing superseded in part; new temporary rule text)

Temporary Rule Addressing the COVID-19 Emergency in Employer-Provided Housing, Labor-Intensive Agricultural Operations, and Agricultural Transportation

Oregon OSHA (Administrator Michael Wood), Administrative Order 2-2020 · Oregon Occupational Safety and Health Division (Oregon OSHA), Department of Consumer and Business Services (State agency) (Sector regulator)

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The record

Jurisdiction
Oregon Occupational Safety and Health Division (Oregon OSHA), Department of Consumer and Business Services (State agency) · Oregon
Level
Sector regulator
Authority
Oregon Safe Employment Act, ORS 654.025(2) and ORS 656.726(4) (Oregon OSHA rulemaking) (the certificate's authority line was not legible in the text layer; pins to be verified); ORS 183.335(5) (temporary rules); Executive Order 20-12 (Ex. OR-007)
Issued
2020-04-28 Apr. 28, 2020
Effective
2020-05-11 (most provisions); toilet and handwashing ratios June 1, 2020; enforcement delayed to June 1, 2020 (Ex. 055) (read as 2020-05-11)
End
2020-10-24 (temporary rule expiry, Ex. 052); labor-housing provisions carried into EO 20-58 off-season housing (Ex. OR-029) and the general rule OAR 437-001-0744 (Ex. OR-033, Nov. 16, 2020) (read as 2020-10-24)
In force
May 11, 2020 to Oct. 24, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitation types
Capacity limitWorkplace rulesOther
Addressees
  • all agricultural employers with labor-intensive operations
  • operators of employer-provided labor housing
  • agricultural employers providing worker transportation
Functions reached
  • FP farm production and harvest (six-foot work planning, social-distancing officer, added sanitation)
  • LB labor housing (bed spacing, cohorting, isolation)
  • TR employer-provided transportation (capacity limits)
  • WF workforce
  • OP compliance administration
  • SC farm labor contractors and housing operators
Collection
State agriculture, parks and wildlife agencies AGY-ST-AGRICULTURE-PARKS-WILDLIFE

Operative words

(1) Effective Date. Unless otherwise noted, the provisions of this rule take effect May 11, 2020... While this rule remains in effect, its requirements supersede those found in OAR 437-004-1110 'Field Sanitation for Hand Labor Work' for all activities otherwise subject to that rule.... (4) General requirements. Agricultural employers must provide and pay for everything required [by this rule]. (5) Social distancing officer. Affected agricultural employers must identify one or more [social distancing officers]. (6) General social distancing requirement. Affected agricultural employers must plan and implement work activities so that workers will not need to be within 6 feet of each other as they perform their duties, during breaks, or during meal [periods]... Effective June 1, 2020, provide one toilet facility and one handwashing facility for each [20 workers].

Enforcement

ORS 654.071 and 654.086 (Oregon OSHA citations and civil penalties); enforcement delayed to June 1, 2020 by the Administrator's memorandum (Ex. 055)

Notes

Oregon's 2020 harvest (berries, cherries, pears, hops, nursery stock) ran under this rule; the rule forced housing de-densification that cut lawful occupancy of labor camps.

Retrieval note

Bracketed words summarize text between quoted fragments. it is now Ex. 051.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.