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Ex. DUT-OR-006 Standing duty Primary source read

Administrative rule: OAR 333-019-0010, Disease Related School, Child Care, and Worksite Restrictions: Imposition of Restrictions (COVID-19 added to the 'restrictable diseases' for food service facilities, schools, children's facilities and health care facilities by PH 17-2020)

OAR 333-019-0010: no person may work at a school, child care facility, health care facility or food service facility while in a communicable stage of a restrictable disease, including COVID-19; school administrators shall exclude; health care infection control committees shall adopt work-restriction policies

Oregon Health Authority, Public Health Division (rule filed with the Secretary of State; official Oregon Administrative Rules Database text) · Oregon (State)

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The record

Jurisdiction
Oregon
Level
State
Authority
ORS 624.005, 413.042, 431.110, 433.004, 433.255, 433.260, 433.284, 433.329, 433.332, 616.750 and 624.495 (as recited); statutes implemented ORS 433.255, 433.260, 433.407, 433.411, 433.419
Issued
2020-03-26 Mar. 26, 2020
Effective
2020-04-06 (COVID-19 designation); the worksite restriction standing (read as 2020-04-06)
End
standing (read as 2021-09-30)
In force
Standing since Apr. 6, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Schools and child careHealth care ordersWorkplace rulesQuarantine and isolationStanding duty
Addressees
  • specified businesses: food service facilities, health care facilities, schools and children's (child care) facilities, and every individual who works at or attends them; school administrators; health care infection control committees
Character
sanitary code duty
Collection
Standing duties: Oregon DUT-OR

Operative words

(2) To protect the public health, an individual who attends or works at a school or child care facility, or who works at a health care facility or food service facility may not attend or work at a school or facility while in a communicable stage of a restrictable disease... (1)(b) "Restrictable disease": (A) As applied to food service facilities includes but is not limited to COVID-19

Penalty

Violation of ORS 433.255 or 433.260 (the school and children's facility exclusion statutes the rule implements) is a Class A misdemeanor (ORS 433.990(1)); violation of OHA food-service rules is a Class C misdemeanor (ORS 624.990(1)) with civil penalties (ORS 624.992); the rule is a 'public health law' enforceable under ORS 431A.010 (civil penalty up to $500 a day per violation).

What it required

Excluded from work every food-service, health-care, school and child-care worker in a communicable stage of COVID-19 from April 6, 2020 (subsection (2), with COVID-19 named in (1)(b)(A) and (B) and any other disease named in an OHA or local order under (1)(b)(C)), fixed the exclusion period by reference to OHA isolation and quarantine guidance ('must be consistent with current Oregon Health Authority guidance,' subsection (6)), commanded school administrators to exclude exposed susceptible children and employees (subsection (3)), commanded every health care facility's infection control committee to 'adopt policies to restrict employees with restrictable diseases from work' (subsection (8)), and preserved the employer's power to adopt 'additional or more stringent rules for exclusion of employees' (subsection (9)(b)).

Retrieval note

The exhibit shows the rule as it reads today (through PH 51-2023) with the full rule history, which dates the COVID-19 amendment (PH 17-2020, filed 03/26/2020, effective 04/06/2020) and the 2020-2021 amendments (PH 60-2020; PH 27-2021 temporary). the worksite-exclusion command of subsection (2) predates the pandemic. Subsection (6) incorporates OHA isolation and quarantine guidance by 'must be consistent with' (mandatory as to the exclusion period). Companion rules read but not saved: OAR 333-019-0000 (local public health administrator 'shall investigate each report' and 'carry out appropriate control measures'); OAR 333-018-0015 (reportable diseases, amended PH 17-2020 and PH 14-2021); OAR 333-019-1005 (Public Health and Safety Requirements for Child Care Providers and Youth Programs, temporary PH 27-2021 effective June 29, 2021, permanent PH 90-2021: 'Child care providers and youth programs must' adopt a communicable disease management plan with exclusion 'consistent with OAR 333-019-0010').