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Ex. DUT-OR-015 Standing duty Primary source read

Oregon OSHA, Questions and Answers Regarding the Oregon Occupational Safety and Health Division's (Oregon OSHA) Education and Enforcement of Issues Related to COVID-19 (updated Mar. 27, 2020): the agency's statement of the employer's statutory duty and of its authority to enforce the Governor's executive orders at the workplace

Questions and Answers Regarding the Oregon Occupational Safety and Health Division's (Oregon OSHA) Education and Enforcement of Issues Related to COVID-19 (Scope of Oregon OSHA COVID-19 Activity; Expectations of Businesses and other Employers)

Oregon OSHA, Department of Consumer and Business Services · Oregon (State)

The COVID Project

The record

Jurisdiction
Oregon
Level
State
Authority
Oregon Safe Employment Act, ORS 654.010, 654.022, 654.025(3) (enforcement of other agencies' rules involving worker exposure); OAR 437-001-0760(1) (Rules for all Workplaces); Executive Orders 20-07 and 20-12 (Ex. OR-003, OR-007)
Issued
2020-03-27 Mar. 27, 2020
Effective
2020-03-27
End
superseded as the orders changed (EO 20-25, May 14, 2020); the statement of statutory duty and enforcement authority standing (read as 2020-05-14)
In force
Standing since Mar. 27, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureTelework mandateWorkplace rulesStanding duty
Addressees
  • employers generally ('All employers in Oregon'); the businesses closed to the public by EO 20-12 para. 2; offices (telework prohibition); child care facilities
Character
enforcement record
Collection
Standing duties: Oregon DUT-OR

Operative words

All employers in Oregon are required by the Oregon Safe Employment Act (OSEA) to provide a safe and healthful workplace for their employees, regardless of the industry type or job function.... Oregon OSHA believes that it has the authority to enforce the requirements of the executive order(s) as they relate to potential worker exposure to COVID-19.

Penalty

Enforcement under the Safe Employment Act (ORS 654.071 citations, 654.086 civil penalties) of both Oregon OSHA rules and the Governor's orders as they involve worker exposure; the orders' own penalties (ORS 431A.010, 401.990) as recited in the attached Oregon State Police FAQ (DUT-OR-010).

What it required

Told every Oregon employer, eleven days after the first closure order, that the Safe Employment Act required 'a safe and healthful workplace for their employees, regardless of the industry type or job function' (OAR 437-001-0760(1) applying 'to all employers, including those in the construction industry'), that Oregon OSHA 'has clear statutory authority to enforce other laws normally enforced by other agencies and other agencies' rules to the degree that they involve worker exposure to hazards' and would enforce 'the requirements of the executive order(s) as they relate to potential worker exposure to COVID-19,' that EO 20-12 para. 2 'mandates the closure' of the listed businesses to the public, that EO 20-12 sec. 9 'prohibits businesses and non-profits from work in offices whenever telework and work-at-home options are available' from March 25, 2020, and that licensed child care facilities 'must close' from March 25 through April 28, 2020 unless meeting the emergency-care conditions. Character as recorded: enforcement_record (press release; workplace_duty layer).

Retrieval note

Four pages; the file was first saved under the capture date (2020-03-29) and renamed to the document's own date (Mar. 27, 2020); the hash is unchanged. The document attaches the Oregon State Police FAQ (DUT-OR-010). It is the earliest statement in the Oregon record that the pre-existing workplace-safety statute, not any election of the employer, required the pandemic measures at every workplace, and that the Governor's orders would be enforced through it.