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The COVID Project

Eligibility report

Governmental Orders Record and Eligibility Analysis

Oregon

2021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 209 instruments cited; 206 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?state=OR&quarters=2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1

1. About this report

Prepared by The COVID Project, Sept. 30, 2026. Selection: State Oregon and no metropolitan area (elsewhere in the State). Quarters: third quarter of 2021 (July 1, 2021 to Sept. 30, 2021). Options: the federal layer, agencies and boards, standing duties, group meetings and trade shows and the Service's fourteen sentences answered.

This report is a record of the governmental orders and related instruments that The COVID Project has retrieved, verified and indexed for the State, metropolitan area, industry and calendar quarters selected. Each instrument appears with its issuer, its number and title, its dates, the quarters in which it was in force, the functions of a business it reached, its operative words, its enforcement provision, a citation and an exhibit identifier. Every exhibit identifier resolves to the instrument's record at covidproject.com/library, and to the exhibit file, where held, at covidproject.com/exhibit.

The report is assembled from public governmental instruments, published organizer notices, published legal authorities and public court filings, and it reports what those documents say and when they were in force. It lists the instruments The COVID Project has verified and no others, so every count in it is a floor. It is not a filing, and it does not determine any person's eligibility for the Employee Retention Credit.

The report reproduces at covidproject.com/report?state=OR&quarters=2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1. Every exhibit identifier in it resolves at covidproject.com/library/ followed by the identifier, and the exhibit file, where held, at covidproject.com/exhibit/ followed by the identifier.

Disclaimer

The COVID Project is a free public reference. This report is generated from public governmental instruments, published organizer notices, published legal authorities and public court filings that The COVID Project has retrieved and indexed; it reports what those documents say and when they were in force. It is not legal, tax or accounting advice, it does not create any professional relationship, it does not determine any person's eligibility for the Employee Retention Credit or the amount of any credit, and it is not a count of every order that existed. The COVID Project sells nothing and represents no one. Errors in any record can be reported through covidproject.com/contact with the exhibit identifier, and corrections are recorded with their dates.

2. Summary of findings

For each quarter selected, this section states what was in force for this selection on the quarter's first and last days, in the words of the Library's own quarter-by-quarter record for the State, the metropolitan area, the industry's regulators and the federal layer. Exhibit identifiers in parentheses name the instruments. The table that follows counts the instruments listed in section 5 by layer and quarter.

The federal layer of this report is the Library's two federal files: FED-A, the health, safety and transport layer, and FED-B, the commerce, travel, workplace and finance layer, including the orders of the federal courts those files hold. The ecosystem clusters and the federal agency clusters are listed in the Library's federal layer at covidproject.com/federal and are not part of this report's federal layer; a quarter page counts every federal-level instrument of the quarter across those clusters as well, so its figure is the larger of the two.

Third quarter of 2021 (July 1, 2021 to Sept. 30, 2021)

Oregon, first day (July 1, 2021): EO 20-03 as extended by EO 21-15 to Dec. 31, 2021 (OR-043); EO 21-15 para. 6(b) child-care flexibilities (OR-043); EO 21-14 foreclosure moratorium to Sept. 30 (OR-042); Oregon OSHA OAR 437-001-0744 as amended June 30 (OR-041, OR-044); masking in health care and transit; DMV appointment-only service (OR-057). No statewide capacity, gathering, general mask or telework mandate was in force on July 1, 2021.

Oregon, last day (Sept. 30, 2021): EO 20-03/21-15 emergency (OR-043); OAR 333-019-1025 indoor masks in every indoor space including public and private workplaces, all ages five and up, regardless of vaccination, employer must ensure compliance, $500 per day (OR-048; PH 35-2021 Aug. 13; PH 41-2021 Aug. 27 adding crowded outdoor spaces); Oregon OSHA AO 10-2021 workplace masking (OR-049); OAR 333-019-1015 school masks (OR-045, OR-056); OAR 333-019-1010 health-care-worker vaccination, full compliance by Oct. 18 (OR-046, OR-051); OAR 333-019-1030 school staff vaccination (OR-052); EO 21-29 executive-branch employee and contractor vaccination by Oct. 18 (OR-047); CJO 21-039 court judges and staff vaccination, first dose before Oct. 1 (OR-054); EO 21-30 foreclosure moratorium to Dec. 31 (OR-050); EO 21-31 child-care flexibilities to Dec. 31 (OR-058); OR-OSHA residual duties (OR-041, OR-044).

The federal health, safety and transport layer, first day (July 1, 2021): July 1, 2021: national emergency (FED-001/002), nationwide Stafford emergency and all 51 major disasters (FED-006, FED-100 to FED-150), PHE (FED-015); CDC conveyance mask order (FED-020) and TSA SD 1582/84-21-01A and aviation successors (FED-051, FED-053 to FED-056); inbound testing order (FED-042); Conditional Sailing Order and Technical Instructions (FED-031/032); Title 42 order of Oct. 13, 2020 (FED-037); CDC eviction moratorium to July 31 (FED-025); EO 13991, 13998, 13999 (FED-060 to FED-062); DHS transportation emergency (FED-057); DPA delegations and scarce-materials designation (FED-070 to FED-074); OSHA Healthcare ETS with compliance due July 6 and July 21 (FED-080), DIR 2021-02 (FED-081), NEP DIR 2021-01 (FED-082, to July 7); CMS-1744/5531/3401/9912/3414-IFC (FED-090 to FED-094), QSO-20-38-NH (FED-168), QSO-20-39-NH rev. Apr. 27, 2021 (FED-156), QSO-21-19-NH (FED-163), QSO-20-13, -18, -20, -29, -31, -35 (FED-096, FED-098, FED-099, FED-161, FED-165, FED-166); § 1135 blanket waivers (FED-160); PREP Act and § 564 declarations (FED-180 to FED-184); HHS telehealth enforcement discretion (FED-194); FEMA 100 percent cost-share memoranda (FED-007/008).

The federal health, safety and transport layer, last day (Sept. 30, 2021): Sept. 30, 2021: national emergency and Stafford declarations; PHE renewed July 20 (FED-016); CDC conveyance mask order (FED-020) and TSA SD 1582/84-21-01B from Sept. 14 (FED-052) with aviation successors; inbound testing order (FED-042); Conditional Sailing Order (FED-031); Title 42 reassessment order of Aug. 2 (FED-038); EO 13991, 13998, 13999; EO 14042 and 14043 signed Sept. 9 (FED-063, FED-064; no private-contractor obligation before Oct. 15, 2021); DHS transportation emergency; DPA delegations; OSHA Healthcare ETS in full effect (FED-080), DIR 2021-02 (FED-081), revised NEP DIR 2021-03 from July 7 (FED-083), Updated Interim Enforcement Response Plan (FED-084); CMS rules FED-090 to FED-094, FED-160, FED-168, FED-156, FED-163; presidential memorandum of Aug. 17 (FED-009); telehealth discretion (FED-194). Not in force on this day: the CDC eviction moratorium (ended July 31; successor Aug. 3-26, FED-026), the FEMA PPE export rule (expired June 30), the FFCRA mandate (ended Dec. 31, 2020), the OSHA vaccination-or-testing ETS and CMS staff vaccination rule (issued Nov. 5, 2021), the CDC orders of Oct. 25, 2021.

The federal commerce, travel, workplace and finance layer, first day (July 1, 2021): In force: Proclamations 9984, 9992, 10143, 10199 (FED-200, FED-201, FED-207, FED-208); DHS land-border notification of June 23, 2021 (non-essential travel prohibited; to July 21) (FED-232, FED-255); EO 13991, M-21-15 (other than occupancy) and M-21-25 reentry planning (FED-270, FED-271); DoD Mar. 15, 2021 travel restrictions (FED-280); federal courts: N.D. Ill. GO 21-0006 (amended May 26) and Fifth Amended GO 20-0022 (FED-297, FED-301); D.N.J. SO 20-13 (masks) and SO 21-04 as amended (FED-302, FED-306); D. Md. Amended SO 2021-07 (FED-313); N.D. Cal. GO 78 (FED-337); C.D. Cal. Order 20-078 (masks) (FED-285); finance: FHFA, HUD, VA and USDA foreclosure and eviction moratoria through July 31, 2021 (FED-354, FED-364, FED-378, FED-384); CARES Act § 4022 forbearance (FED-340); HUD and VA forbearance request windows to Sept. 30, 2021 (FED-364, FED-378); interagency loan-modification statement and CARES § 4013 relief (FED-342); student-loan payment pause (FED-345); H.Res. 965 (FED-398).

The federal commerce, travel, workplace and finance layer, last day (Sept. 30, 2021): In force: Proclamations 9984, 9992, 10143, 10199 (revoked only on Nov. 8, 2021) (FED-209); DHS land-border notification of Sept. 22, 2021 (to Oct. 21; non-essential travel still prohibited) (FED-235, FED-258); EO 13991 with the Task Force Model Safety Principles of July 29, 2021 (masks regardless of vaccination status in substantial/high-transmission areas; vaccination attestation; visitor vaccination-status disclosure; agency-head approval for events over 50) (FED-272), the Certification of Vaccination form (FED-278), the Sept. 13 update (FED-273), EO 14042 and EO 14043 (Sept. 9) (FED-A), the contractor guidance (Sept. 24) and OMB determination (Sept. 28) (FED-274, FED-275); DoD Mar. 15, 2021 travel restrictions (FED-280); federal courts: N.D. Ill. Third Amended face-covering order (July 30), Amended GO 21-0006 (Sept. 15, effective Sept. 20: vaccination or testing for courtroom presence), GO 21-0033 (Sept. 20: employee and contractor vaccination) and Fifth Amended GO 20-0022 (video criminal proceedings to Oct. 4) (FED-299, FED-298, FED-300, FED-301); D.N.J. Updated Amended SO 21-04 (Sept. 3: one jury selection per vicinage; universal masks; temperature screening) and SO 21-08 (Sept. 13: visitor vaccination or testing) with SO 20-13 masks (FED-307, FED-308, FED-302); D. Md. Amended SO 2021-07 entry exclusions (FED-313); N.D. Cal. GO 78 protocols and remote criminal proceedings (FED-337); C.D. Cal. Order 20-078 masks (until Oct. 1, 2021) (FED-285); finance: FHFA REO eviction moratorium, VA Circular 26-21-14 foreclosure-related eviction moratorium, HUD eviction moratorium and USDA eviction moratorium, all through Sept. 30, 2021 (FED-355, FED-379, FED-364, FED-385); CFPB Regulation X procedural safeguards from Aug. 31, 2021 (FED-344); HUD ML 2021-18 recovery loss-mitigation review (FED-365); HUD and VA forbearance request windows to Sept. 30, 2021 and VA Circular 26-21-20 (Sept. 29) extending them (FED-364, FED-378, FED-380); CARES § 4022 forbearance (FED-340); student-loan payment pause (extended Aug. 6, 2021 to Jan. 31, 2022) (FED-345).

Instruments in the Library for this selection, by layer and quarter (an instrument in force in several quarters is counted in each; the total counts it once).

Layer2021 Q3Total
Federal layer167167
State of Oregon1818
Agencies, boards and authorities66
Standing duties4040
All layers231231

3. The statute and the test

An employer is an eligible employer for a calendar quarter under the governmental-orders test if

the operation of the trade or business described in clause (i) is fully or partially suspended during the calendar quarter due to orders from an appropriate governmental authority limiting commerce, travel, or group meetings (for commercial, social, religious, or other purposes) due to the coronavirus disease 2019 (COVID-19)

CARES Act § 2301(c)(2)(A)(ii)(I), Pub. L. 116-136, 134 Stat. 281, 348; I.R.C. § 3134(c)(2)(A)(ii)(I), 135 Stat. 4, 177

Congress enacted those words four times and never changed them. The Coronavirus Aid, Relief, and Economic Security Act of March 27, 2020 enacted the Suspension Clause at section 2301(c)(2)(A)(ii)(I), Pub. L. 116-136, 134 Stat. 281, 347-48, for wages paid after March 12, 2020 and before January 1, 2021 (§ 2301(m), 134 Stat. 351) (Ex. LAW-001). The Taxpayer Certainty and Disaster Tax Relief Act of 2020, Pub. L. 116-260, div. EE, §§ 206-207, 134 Stat. 1182, 3059-65 (Dec. 27, 2020), extended the credit to wages paid before July 1, 2021 and raised its rate to 70 percent; neither section touched the clause (Ex. LAW-002).

The American Rescue Plan Act of 2021, Pub. L. 117-2, § 9651, 135 Stat. 4, 176 (Mar. 11, 2021), added section 3134 to the Internal Revenue Code, whose heading repeats the CARES Act title and whose Suspension Clause reappears word for word at 135 Stat. 177, for wages paid after June 30, 2021 (§ 3134(n), 135 Stat. 182) (Ex. LAW-003). The Infrastructure Investment and Jobs Act, Pub. L. 117-58, § 80604, 135 Stat. 429, 1341 (Nov. 15, 2021), ended the credit for calendar quarters beginning after September 30, 2021, and left the third quarter of 2021 in place (Ex. LAW-004).

The clause has seven elements, taken in the statute's order: orders; from an appropriate governmental authority; limiting commerce, travel, or group meetings (for commercial, social, religious, or other purposes); due to COVID-19; the operation of the trade or business fully or partially suspended; during the calendar quarter; and due to those orders. The words "essential," "comparable operations," "telework," "customers," "voluntary," "more than nominal," "10 percent," "directed at," "jurisdiction over the employer," "proximate," "independent" and "sufficient" appear in none of the four enactments. The credit runs by calendar quarter; the six quarters the clause governs are the second, third and fourth quarters of 2020 and the first, second and third quarters of 2021.

The partial-suspension test and how this report applies it

In this report the Internal Revenue Service is the "Service," the Government as a litigant is the "United States," Notice 2021-20, 2021-11 I.R.B. 922, is the "Notice," and the statutory text above is the "Suspension Clause." Tri-State is Tri-State Memorial Hospital v. United States, No. 2:25-cv-0181-TOR, ECF No. 38 (E.D. Wash. May 28, 2026), the one federal decision construing the clause's words. Doc. 44 is the United States' opposition and cross-motion for summary judgment in Stenson Tamaddon, LLC v. IRS, No. 2:24-cv-01123-SPL (D. Ariz. Jan. 6, 2025), ECF No. 44; Doc. 49 is the summary-judgment order in that case of June 20, 2025; and the Br. for Appellees is the United States' brief in the appeal, No. 25-4217 (9th Cir. Jan. 30, 2026).

The statute controls, and the Notice does not. The United States has told two federal courts so: the Notice "is merely guidance" and "lacks the force of law" (Doc. 44 at 19); "the United States is not arguing that the IRS interpretation has the force of law or is entitled to deference" (Doc. 44 at 31 & n.8); "[w]hether Notice 2021-20 exists or not, the statute will control whether a refund is warranted" (Doc. 44 at 24). The court held that "the Notice carries no force of law and is entitled to no deference" (Doc. 49 at 27) and that the ten percent figure "is not an exclusionary cut-off point, but rather a safe harbor" (Doc. 49 at 26). In the Ninth Circuit the United States called the Notice "nonbinding guidance," its ten percent provision "a quintessential safe harbor," and wrote that "[t]here is no question of deference here" (Br. for Appellees at 26, 37-38, 58).

"Fully or partially suspended" means what the words say. On definitions both parties agreed, Tri-State held: "a 'partial suspension' is a temporary delay, interruption, or termination of a portion an employer's business. The language is plain" (Tri-State at 8-9). The court refused to read "more than nominal" as "significant": "the plain language and ordinary meaning of partial and nominal do not suggest either of those interpretations" (Tri-State at 10-11). The Notice's ten percent rules are "only administrative guidance"; "the IRS Notice provides a method for the test to be met not as a requirement to meet the test" (Tri-State at 15-16). "Due to" means "because of," which "[b]oth Plaintiff and Defendant agree" (Tri-State at 17), and "the Court recognizes that 'due to' requires 'but-for' causation" (Tri-State at 19). The argument that the virus rather than the order caused the changes fails: "[s]ick patients and employees alone did not require additional protocols" (Tri-State at 20-21).

This report applies the test in five steps, with the instruments the Library holds for your selection and no others. Step one, the order: the issuer, the instrument by number and title, its dates and its exhibit; the Service's own Q&A-10 treats "orders, proclamations, or decrees" as orders "without regard to the level of enforcement" (Notice 2021-20, Q&A-10, at 927-28). Step two, the function it reached: the part of the business the order governed, whether the customer-facing floor, the back of house, the office, the workforce, the supply chain or the customer base. Step three, the change it compelled: the operative words, quoted from the instrument, and the sanction behind them. Step four, the quarter: the days on which the instrument was in force, tested against its dates. Step five, the statute's answer: a function is a portion of the operation; a compelled change is a delay, interruption or termination of that portion; but for the order no law required it; and on the definitions the United States agreed to, the operation was partially suspended during the quarter due to the order.

The statute does not ask whether the business was "essential" or stayed open: the Notice's own Q&A-17, Example 4, calls an open hospital under an elective-procedure order partially suspended (Q&A-17, at 930). It does not ask whether the business could telework: Q&A-15 finds a partial suspension wherever a workplace closure "causes the employer to suspend business operations for certain purposes, but not others" (Q&A-15, at 929). It does not ask whose customers were under orders: "a business may be suspended 'due to' a government order addressing a third party" (Br. for Appellees at 41). It does not ask whether a compelled measure was "voluntary": Q&A-14 reaches only a suspension "not due to a governmental order" (Q&A-14, at 929). And it does not ask for a percentage: "The 10 percent is not determinative ... Properly understood, it isn't an eligibility requirement" (Doc. 44 at 14). The Service's letters ask each of those questions. The statute asks one, and this report answers it, instrument by instrument.

How this report was assembled

The report is drawn from The COVID Project's Orders Library, which indexes the governmental orders that limited commerce, travel and group meetings in the United States from March 2020 through September 30, 2021. The Library is organized in layers, and the report walks them in order for your selection: the federal layer (proclamations, executive orders, agency orders and rules, and the federal courts' general orders); your State, from its first declaration to the instrument that ended its general restrictions; your metropolitan area's health officers, mayors and courts; the sector regulators of your industry (licensing boards, health departments, alcohol and gaming regulators, labor agencies and federal program rules); the clusters of authorities that are easy to overlook (ports, aviation, courts, motor-vehicle offices, tribal and territorial governments); the standing duties of your State and of the United States (communicable-disease, workplace-safety and liability-shield statutes); and the organizers' notices of the trade shows, conventions, seasons and tournaments your industry lost.

Every record carries one of two grades, and the report shows only these two. Primary source read means the compiler read the issuing authority's own text: the order as published, the register page, the codified rule, the court's docket entry. Confirmed from a secondary source means the instrument's existence, number, date and substance were established from an identifiable secondary source and the primary text was not read. Records graded unverified or not retrieved never appear. Every exhibit was retrieved from the issuing authority's site or from the Internet Archive's capture of it, kept only if its text contained a distinctive phrase of the instrument, hashed at retrieval and re-checked by a second reviewer.

Every instrument has one exhibit identifier, used everywhere on the site and in this report. A State instrument carries its two-letter State code and a serial number (Ex. TX-004 is Texas Executive Order GA-09 of March 22, 2020); a metropolitan instrument carries MET and the metro code; a federal instrument carries FED; a sector regulator's instrument carries SEC and the industry number, and an organizer's notice adds GM; an overlooked authority carries AGY and its cluster; a standing duty carries DUT and the State code, or DUT-FED (Ex. DUT-FED-001 is the general duty clause of the Occupational Safety and Health Act); a legal authority carries LAW.

The dates decide the quarters. An instrument is in force in a quarter only if its effective date fell on or before the quarter's last day and its end date, if any, fell on or after the quarter's first day. The six quarters are the second, third and fourth quarters of 2020 and the first, second and third quarters of 2021. Because the CARES Act applies to wages paid after March 12, 2020, and the Service's Form 941-X instructions place the credit for wages paid March 13 through March 31, 2020 on the second-quarter return, the orders of March 13 through 31, 2020, the first stay-at-home and closure orders in the country, appear in the record of the second quarter of 2020.

4. The orders, quarter by quarter

For each quarter selected, the instruments in force appear by layer: the federal layer (the Library's FED-A and FED-B files, including the federal court orders they hold), the State, the metropolitan area, the industry's regulators, and the agencies, boards and authorities whose orders resolve to the State. Within a layer the instruments that carry the industry's key limitation types come first, then the rest in date order. An instrument in force across several quarters is described in full where it first appears and listed in compact form in each later quarter. Every item carries its citation and its exhibit identifier.

Third quarter of 2021 (July 1, 2021 to Sept. 30, 2021)

Federal layer

Ex. FED-290
Press release of March 12, 2020 (Building closed to the public)

Supreme Court Building closed to the public until further notice

Supreme Court of the United States (Public Information Office), Supreme Court of the United States (Court)

Dates
In force from Mar. 12, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureCourts and public offices
Functions reached
CT; CS Washington tourism and visitor commerce
Grade
Confirmed from a secondary source
Days in this quarter
92 (the whole quarter)

Enforcement: Supreme Court Police

Citation: Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)

Ex. FED-398
H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus

H.Res. 965 (116th Congress) - Remote Voting by Proxy and Remote Committee Proceedings

U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), United States House of Representatives (Federal)

Dates
In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Gathering capOther
Functions reached
EV Capitol Hill commerce (the Capitol complex was closed to public tours from Mar. 12, 2020 through 2021); CS lobbying, government relations and hospitality in Washington
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

SECTION 1. AUTHORIZATION OF REMOTE VOTING BY PROXY DURING PUBLIC HEALTH EMERGENCY DUE TO NOVEL CORONAVIRUS. (a) AUTHORIZATION.--Notwithstanding rule III, at any time after the Speaker or the Speaker's designee is notified by the Sergeant-at-Arms, in consultation with the Attending Physician, that a public health emergency due to a novel coronavirus is in effect, the Speaker or the Speaker's designee, in consultation with the Minority Leader or the Minority Leader's designee, may designate a period (hereafter in this resolution referred to as a ''covered period'') during which a Member who is designated by another Member as a proxy... SEC. 3. PROCESS FOR VOTING DURING COVERED PERIODS. (a) RECORDED VOTES ORDERED.-- (1) IN GENERAL.--Notwithstanding clause 6 of rule I, during a covered period, the yeas and nays shall be considered as ordered on any vote on which a recorded vote or the yeas…

Enforcement: House rule

Citation: U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398) Open the exhibit

Ex. FED-031
CDC Framework for Conditional Sailing Order

Framework for Conditional Sailing and Initial Phase COVID-19 Testing Requirements for Protection of Crew, 85 Fed. Reg. 70153 (Nov. 4, 2020)

Centers for Disease Control and Prevention, HHS, United States (cruise ships operating or intending to operate in U.S. waters) (Federal)

Dates
In force from Oct. 30, 2020 to Nov. 1, 2021
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Functions reached
TV travel demand; GS group sales; CB passengers and port economies; SC; EVT (shipboard events, conventions at sea)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

This Order establishes a framework for a phased approach to resuming cruise ship passenger operations in U.S. waters. This phased approach will include: (1) Establishment of laboratory testing of crew onboard cruise ships in U.S. waters; (2) simulated voyages designed to test a cruise ship operators' ability to mitigate COVID-19 onboard cruise ships; (3) a certification process; and (4) a return to passenger voyages in a manner that mitigates the risk of COVID-19 introduction, transmission, or spread among passengers and crew onboard ships and ashore to communities.... This Order is effective upon signature and shall remain in effect until the earliest of... (3) November 1, 2021.

Enforcement: 42 U.S.C. § 271; 42 C.F.R. §§ 70.18, 71.2; Coast Guard

Citation: Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031) Open the exhibit

Ex. FED-060
Executive Order 13991

Protecting the Federal Workforce and Requiring Mask-Wearing, 86 Fed. Reg. 7045 (Jan. 25, 2021)

President Joseph R. Biden, Jr., United States (federal buildings and lands; federal employees and on-site contractors) (Federal)

Dates
In force from Jan. 20, 2021 to May 9, 2023
Quarters
2021 Q12021 Q22021 Q3
Limitations
Gathering capFace-covering requirementWorkplace rules
Functions reached
CS client meetings at federal sites (professional services); JS federal construction sites; DL/SV field service at federal facilities; CT federal courthouses and agency offices (masking and distancing conditions on entry); MK federally hosted meetings
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

Sec. 2. Immediate Action Regarding Federal Employees, Contractors, Buildings, and Lands. (a) The heads of executive departments and agencies (agencies) shall immediately take action, as appropriate and consistent with applicable law, to require compliance with CDC guidelines with respect to wearing masks, maintaining physical distance, and other public health measures by: on-duty or on-site Federal employees; on-site Federal contractors; and all persons in Federal buildings or on Federal lands.

Enforcement: Agency directives; contract terms; building-access conditions; created the Safer Federal Workforce Task Force (§ 4) whose July and September 2021 rules are FED-B's

Citation: President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060) Open the exhibit

Ex. FED-156
QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)

QSO-20-39-NH, Nursing Home Visitation - COVID-19 (REVISED 04/27/2021)

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid nursing homes) (Federal)

Dates
In force from Apr. 27, 2021 to Nov. 12, 2021
Quarters
2021 Q22021 Q3
Limitations
Gathering capFace-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Functions reached
VS visitation and access (home-care-senior-living; hospice; clergy CR; families); IC screening and masking of every entrant regardless of vaccination; DN communal dining and activities (conducted under the core principles); HR/WF and vendor access (staffing PL; personal services SL in-facility salons; physician CL on-site visits); RS cohorting and quarantine
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

Core Principles of COVID-19 Infection Prevention: Screening of all who enter the facility for signs and symptoms of COVID-19 (e.g., temperature checks, questions about and observations of signs or symptoms), and denial of entry of those with signs or symptoms or those who have had close contact with someone with COVID-19 infection in the prior 14 days (regardless of the visitor's vaccination status)... Face covering or mask (covering mouth and nose) and social distancing at least six feet between persons, in accordance with CDC guidance... Resident and staff testing conducted as required at 42 CFR § 483.80(h) (see QSO-20-38-NH Revised). These core principles are consistent with the Centers for Disease Control and Prevention (CDC) guidance for nursing homes, and should be adhered to at all times.... Facilities should allow indoor visitation at all times and for all residents (regardless…

Enforcement: Survey enforcement under F563 (visitation) and F880 (infection control); civil money penalties

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156) Open the exhibit

Ex. FED-032
Notice: Conditional Sailing Order Technical Instructions and Operations Manual

Conditional Sailing Order Technical Instructions and Operations Manual, 86 Fed. Reg. 24865 (May 10, 2021)

Centers for Disease Control and Prevention, HHS, United States (Federal)

Dates
In force from May 5, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Capacity limitTravel and quarantineWorkplace rulesVaccination or testing
Functions reached
TV; GS; CB; SC
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

[notice of the technical instructions implementing the CSO's phases: port agreements, simulated voyages, COVID-19 Conditional Sailing Certificates, testing and vaccination thresholds for restricted revenue voyages]

Enforcement: as for FED-031

Citation: Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032) Open the exhibit

Ex. FED-080
Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)

Occupational Exposure to COVID-19; Emergency Temporary Standard, 86 Fed. Reg. 32376 (June 21, 2021)

Occupational Safety and Health Administration, U.S. Department of Labor, United States (every setting 'where any employee provides healthcare services or healthcare support services'; federal OSHA States directly, State-plan States through adoption within 30 days) (Federal)

Dates
In force from June 21, 2021 to Dec. 27, 2021
Quarters
2021 Q22021 Q3
Limitations
Capacity limitFace-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached
IC infection control (hospitals, physician practices, dental, home care); ED/CL intake and waiting rooms (entry limits, screening, triage); SX/PR procedures (aerosol-generating procedure rules, § 1910.502(g)); VS visitation and access (non-employee screening); HR/WF (daily employee screening; medical removal; paid vaccination leave); OF administration (written plan, safety coordinator, recordkeeping); SC PPE (respirators for exposure to suspected or confirmed COVID-19)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

§ 1910.502(a)(1): 'Except as otherwise provided in this paragraph, this section applies to all settings where any employee provides healthcare services or healthcare support services.' (a)(2): 'This section does not apply to the following: (i) The provision of first aid by an employee who is not a licensed healthcare provider; (ii) The dispensing of prescriptions by pharmacists in retail settings; (iii) Non-hospital ambulatory care settings where all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings; (iv) Well-defined hospital ambulatory care settings where all employees are fully vaccinated and all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings; (v) Home healthcare settings where all employees are fully vaccinated and all…

Enforcement: Citations and civil penalties under OSH Act §§ 9, 17 (29 U.S.C. §§ 658, 666); inspection procedures DIR 2021-02 (FED-081); § 11(c) and § 1910.502(o) anti-retaliation

Citation: Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080) Open the exhibit

Ex. FED-272
COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks

COVID-19 Workplace Safety: Agency Model Safety Principles (Issued July 29, 2021)

Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, United States (all federal buildings and federal lands; federally hosted meetings) (Federal)

Dates
In force from July 29, 2021 to Sept. 13, 2021
Quarters
2021 Q3
Limitations
Gathering capFace-covering requirementTravel and quarantineWorkplace rulesVaccination or testing
Functions reached
CS vendor, contractor and visitor entry to every federal building conditioned on vaccination status or testing from July 29, 2021; MK federally hosted meetings, conferences and events over 50 participants restricted; TR federal official travel for the unvaccinated limited to mission-critical trips; OF masks in federal buildings in areas of substantial or high transmission regardless of vaccination status (which by August 2021 was nearly the whole country)
Grade
Primary source read
Days in this quarter
47

Federal agencies need to ask about the vaccination status of Federal employees and onsite contractors -- employees and onsite contractors must sign an attestation confirming their vaccination status, or they will be treated as not fully vaccinated for purposes of safety protocols.... Visitors must provide information on their vaccination status and comply with the requisite safety protocols.... [for employees and contractors] who are not fully vaccinated or who decline to provide information about their vaccination status, official domestic travel should be limited to only necessary mission-critical trips.... Should an agency intend to host an in-person meeting, conference, or event that will be attended by more than 50 participants -- regardless of whether participants include members of the public -- the agency must first seek the approval of its agency head, in consultation with the…

Enforcement: EO 13991 § 2; agency safety plans; attestation under penalty of administrative action (Certification of Vaccination form, Ex. FED-278)

Citation: Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272) Open the exhibit

Ex. FED-307
Updated Amended Standing Order 21-04

In re: Court Operations Under the Exigent Circumstances Created by COVID-19 (Updated Amended, Sept. 3, 2021)

Chief Judge Freda L. Wolfson, United States District Court for the District of New Jersey (Court)

Dates
In force from Sept. 3, 2021 to Dec. 29, 2021
Quarters
2021 Q3
Limitations
Capacity limitFace-covering requirementCourts and public offices
Functions reached
CT jury selections capped at one per vicinage; masks for all entrants regardless of vaccination status; temperature screening (Sept. 2021); CS
Grade
Primary source read
Days in this quarter
28 (in force on the last day)

[WHEREAS the Delta] and other variants, and on July 27, 2021, the CDC recommended that all persons, including those fully vaccinated against COVID-19, wear a mask in public indoor settings, in areas of [substantial or high transmission]... [the Court has required] full vaccination of its employees, while continuing its protocols of temperature screening and hand sanitizing by all entrants to the District's courthouses, and mask wearing in all public areas of Court facilities by entrants and occupants thereof, regardless of vaccination status;... 1. No more than one jury selection, either civil or criminal, shall occur in each vicinage of this Court at one time... 2. Multiple, simultaneous jury trials may be conducted in each of this Court's vicinages, but the number of simultaneous criminal jury trials involving detainees in each [vicinage is limited]... DATED: September 3, 2021

Enforcement: court order

Citation: Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307) Open the exhibit

Ex. FED-008
Memorandum of February 2, 2021

Maximizing Assistance From the Federal Emergency Management Agency To Respond to COVID-19, 86 Fed. Reg. 8281 (Feb. 5, 2021)

President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), United States (Federal)

Dates
In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)
Quarters
2021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
48 (in force on the first day)

FEMA shall provide a 100 percent Federal cost share for all work eligible for assistance under Public Assistance Category B, pursuant to sections 403 (42 U.S.C. 5170b), 502 (42 U.S.C. 5192), and 503 (42 U.S.C. 5193) of the Stafford Act... performed from January 21, 2021, through September 30, 2021. (b) FEMA shall provide a 100 percent Federal cost share for all work eligible for assistance under Public Assistance Category B... performed from January 20, 2020, through January 20, 2021.

Enforcement: Funding directive

Citation: President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008) Open the exhibit

Ex. FED-010
Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus

Determination that a Public Health Emergency Exists

Alex M. Azar II, Secretary of Health and Human Services, United States (Federal)

Dates
In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the CDC orders (each states it runs until the PHE ends), the § 1135 waivers, the CMS interim final rules and the OSHA ETS findings
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

As a result of confirmed cases of 2019 Novel Coronavirus (2019-nCoV), on this date and after consultation with public health officials as necessary, I, Alex M. Azar II, Secretary of Health and Human Services, pursuant to the authority vested in me under section 319 of the Public Health Service Act, do hereby determine that a public health emergency exists and has existed since January 27, 2020, nationwide.

Enforcement: Predicate; the enabled instruments carry their own enforcement

Citation: Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010) Open the exhibit

Ex. FED-200
Proclamation 9984

Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk, 85 Fed. Reg. 6709 (Feb. 5, 2020)

President Donald J. Trump, United States (Federal)

Dates
In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantine
Functions reached
TV inbound travel from China (business visitors, buyers, engineers); SC supplier engineering and quality visits; MK inbound trade-show attendance; CB foreign customer base
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the People's Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.... Sec. 6. Effective Date. This proclamation is effective at 5:00 p.m. eastern standard time on February 2, 2020.

Enforcement: Sec. 3: implemented by the Secretaries of State and Homeland Security; an alien who circumvents the proclamation is a priority for removal (sec. 3(c)); carriers barred from boarding covered aliens under DHS implementing measures

Citation: President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200) Open the exhibit

Ex. FED-180
Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)

Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates
In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationHealth care orders
Functions reached
context: the federal legal framework under which pharmacies, employers' clinics, and later dental and other practitioners administered tests and vaccines
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

The Public Readiness and Emergency Preparedness Act (PREP Act) authorizes the Secretary of Health and Human Services (the Secretary) to issue a Declaration to provide liability immunity to certain individuals and entities (Covered Persons) against any claim of loss caused by, arising out of, relating to, or resulting from the manufacture, distribution, administration, or use of medical countermeasures (Covered Countermeasures), except for claims involving 'willful misconduct' as defined in the PREP Act.... DATES: The Declaration was effective as of February 4, 2020.

Enforcement: Liability immunity; amended nine times through 2021 (85 Fed. Reg. 21012; 35100; 52136; 79190; 86 Fed. Reg. 7872; 9516; 14462; 41977; 51160)

Citation: Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180) Open the exhibit

Ex. FED-181
Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV

Determination of Public Health Emergency, 85 Fed. Reg. 7316 (Feb. 7, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates
In force from Feb. 4, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationHealth care orders
Functions reached
context: the earliest federal emergency determination (Feb. 4, 2020); the legal basis of every COVID-19 test EUA
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

On February 4, 2020, the Secretary determined pursuant to his authority under section 564 of the FD&C Act that there is a public health emergency that has a significant potential to affect national security or the health and security of United States citizens living abroad and that involves a novel (new) coronavirus (nCoV) first detected in Wuhan City, Hubei Province, China in 2019 (2019-nCoV). On the basis of this determination, he also declared that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection and/or diagnosis of this novel coronavirus (2019-nCoV) pursuant to section 564 of the FD&C Act

Enforcement: Framework for FDA emergency use authorizations

Citation: Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181) Open the exhibit

Ex. FED-001
Proclamation 9994

Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, 85 Fed. Reg. 15337 (Mar. 18, 2020)

President Donald J. Trump, United States (Federal)

Dates
In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for every federal health-care instrument (FED-090 to FED-099, FED-160)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

do hereby find and proclaim that the COVID-19 outbreak in the United States constitutes a national emergency, beginning March 1, 2020. Pursuant to this declaration, I direct as follows: Section 1. Emergency Authority. The Secretary of HHS may exercise the authority under section 1135 of the SSA to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children's Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency declared in response to the COVID-19 outbreak.

Enforcement: Predicate only; operates through the instruments it enables (§ 1135 waivers; CMS interim final rules; Stafford Act assistance)

Citation: President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001) Open the exhibit

Ex. FED-160
COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers

Centers for Medicare & Medicaid Services, HHS, United States (Medicare, Medicaid and CHIP providers) (Federal)

Dates
In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersOther
Functions reached
TM telehealth (physician practices, behavioral health); IP surge capacity and 'hospitals without walls' (hospitals); HC/SN home health assessments and supervision (home care); OF credentialing and administration (HR); CB payers
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

CMS is empowered to take proactive steps through 1135 waivers as well as, where applicable, authority granted under section 1812(f) of the Social Security Act (the Act) and rapidly expand the Administration's aggressive efforts against COVID-19. As a result, the following blanket waivers are in effect, with a retroactive effective date of March 1, 2020 through the end of the emergency declaration.... Home Health Agencies (HHAs): Initial Assessments. CMS is waiving the requirements at 42 CFR § 484.55(a) to allow HHAs to perform Medicare-covered initial assessments and determine patients' homebound status remotely or by record review. Waive Onsite Visits for HHA Aide Supervision. CMS is waiving the requirements at 42 CFR § 484.80(h), which require a nurse to conduct an onsite visit every two weeks.

Enforcement: Modifies otherwise mandatory conditions of participation; survey and certification

Citation: Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160) Open the exhibit

Ex. FED-182
Emergency Use Declaration: personal respiratory protective devices

Emergency Use Declaration, 85 Fed. Reg. 13907 (Mar. 10, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates
In force from Mar. 2, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationSupply chain
Functions reached
context for SC (respirator supply) in every health care and industrial sector
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

On the basis of this determination, he also declared that circumstances exist justifying the authorization of emergency use of personal respiratory protective devices during the COVID-19 outbreak, pursuant to section 564 of the FD&C Act, subject to the terms of any authorization issued under that section. DATES: The determination was effective February 4, 2020, and this declaration is effective March 2, 2020.

Enforcement: Framework for the NIOSH-respirator, imported-respirator and decontamination EUAs

Citation: Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182) Open the exhibit

Ex. FED-201
Proclamation 9992

Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus (Islamic Republic of Iran), 85 Fed. Reg. 12855 (Mar. 4, 2020)

President Donald J. Trump, United States (Federal)

Dates
In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantine
Functions reached
TV inbound travel; CB foreign customer base
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Islamic Republic of Iran during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.... Sec. 6. Effective Date. This proclamation is effective at 5:00 p.m. eastern standard time on March 2, 2020.

Enforcement: Sec. 3 implementation by State and DHS; removal priority for circumvention

Citation: President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201) Open the exhibit

Ex. FED-096
CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)

QSO-20-13-Hospitals

CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, United States (Medicare-participating hospitals) (Federal)

Dates
In force from Mar. 4, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care orders
Functions reached
ED intake and screening; VS visitation; IC infection control; IP placement and discharge
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

Hospital Guidance and Actions - CMS regulations and guidance support hospitals taking appropriate action to address potential and confirmed COVID cases and mitigate transmission including screening, discharge and transfers from the hospital, and visitation.... Hospitals should identify visitors and patients at risk for having COVID-19 infection before or immediately upon arrival to the healthcare facility.

Enforcement: Hospital CoP survey and enforcement (42 C.F.R. § 482.42)

Citation: CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096) Open the exhibit

Ex. FED-098
QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)

QSO-20-18-HHA

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid home health agencies) (Federal)

Dates
In force from Mar. 10, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care orders
Functions reached
HC in-home visits (pre-visit screening); IC infection control; HR/WF staff monitoring
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

This memorandum responds to questions we have received and provides important guidance for all Medicare and Medicaid participating Home Health Agencies (HHAs) in addressing the COVID-19 outbreak and minimizing transmission to other individuals.... HHAs should be monitoring the health status of everyone (patients/residents/visitors/staff/etc.) in the homecare setting for signs or symptoms of COVID-19.... When making a home visit, HHAs should identify patients at risk for having COVID-19 infection before or immediately upon arrival to the home.

Enforcement: HHA CoP survey and certification (42 C.F.R. § 484.70)

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098) Open the exhibit

Ex. FED-006
Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020)

Letter from President Donald J. Trump on Emergency Determination under the Stafford Act

President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), United States (every State, Tribe, territory and the District of Columbia) (Federal)

Dates
In force from Mar. 13, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for every State's FEMA Public Assistance Category B measures (the funding behind State and local emergency operations)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

Therefore, as an initial step, I hereby determine, under section 501(b) of the Stafford Act, that an emergency exists nationwide. In accordance with this determination, the Federal Emergency Management Agency may provide, as appropriate, assistance pursuant to section 502 and 503 of the Stafford Act for emergency protective measures not authorized under other Federal statutes.

Enforcement: Predicate and funding instrument

Citation: President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006) Open the exhibit

Ex. FED-311
Standing Order 2020-04

In re: COVID-19 Pandemic Procedures

Chief Judge James K. Bredar, United States District Court for the District of Maryland (Court)

Dates
In force from Mar. 16, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Courts and public offices
Functions reached
CT
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

WHEREAS, normal court operations and procedures may necessarily need to be amended or suspended on a temporary basis given the exigent circumstances created by the COVID-19 event, the Court finds it necessary to establish a miscellaneous case, In re COVID-19 [Pandemic Procedures, in which all COVID-19 orders are docketed]... ORDERED that these temporary orders shall be rescinded by order of the Chief Judge when circumstances warrant.

Enforcement: court order

Citation: Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311) Open the exhibit

Ex. FED-194
Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency

Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency, 85 Fed. Reg. 22024 (Apr. 21, 2020)

HHS Office for Civil Rights, United States (HIPAA covered health care providers) (Federal)

Dates
In force from Mar. 17, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersOther
Functions reached
TM telehealth (physician practices, behavioral health, dental consultations ('dental consultation or psychological evaluation' named in the notice)); CL clinical intake moved remote; OF
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

As a matter of enforcement discretion, the HHS Office for Civil Rights (OCR) will not impose penalties for noncompliance with the regulatory requirements under the HIPAA rules against covered health care providers in connection with the good faith provision of telehealth during the COVID-19 nationwide public health emergency.... A covered health care provider that wants to use audio or video communication technology to provide telehealth to patients during the COVID-19 nationwide public health emergency can use any non-public facing remote communication product that is available to communicate with patients.... This exercise of discretion applies to telehealth provided for any reason, regardless of whether the telehealth service is related to the diagnosis and treatment of health conditions related to COVID-19.

Enforcement: Non-enforcement of HIPAA penalties for good-faith telehealth

Citation: HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194) Open the exhibit

Ex. FED-070
Executive Order 13909

Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19, 85 Fed. Reg. 16227 (Mar. 23, 2020)

President Donald J. Trump, United States (all health and medical resources needed to respond to COVID-19) (Federal)

Dates
In force from Mar. 18, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Supply chain
Functions reached
SC supply of PPE, respirators, ventilators and testing supplies to every industry (dental, physician practices, hospitals, home care, manufacturing, construction, personal services); DS distribution of medical products (wholesale-distribution); PF production floors of medical manufacturers under rated orders
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

Accordingly, I find that health and medical resources needed to respond to the spread of COVID-19, including personal protective equipment and ventilators, meet the criteria specified in section 101(b) of the Act (50 U.S.C. 4511(b)).... Sec. 2. Priorities and Allocation of Medical Resources. (a)... the authority of the President conferred by section 101 of the Act to require performance of contracts or orders (other than contracts of employment) to promote the national defense over performance of any other contracts or orders, to allocate materials, services, and facilities as deemed necessary or appropriate to promote the national defense... is delegated to the Secretary of Health and Human Services with respect to all health and medical resources needed to respond to the spread of COVID-19 within the United States. (b) The Secretary of Health and Human Services may use the authority…

Enforcement: DPA § 101 priority ratings and allocation orders; DPA § 103 (50 U.S.C. § 4513) criminal penalties for willful violation

Citation: President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070) Open the exhibit

Ex. FED-292
Order of March 19, 2020, 589 U.S. (Order List)

Order extending the deadline to file petitions for writs of certiorari to 150 days and relaxing extension and distribution rules in light of COVID-19

Supreme Court of the United States, Supreme Court of the United States (Court)

Dates
In force from Mar. 19, 2020 to July 19, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Courts and public offices
Functions reached
CT federal litigation timetables lengthened nationwide; CS law firms, appellate practice
Grade
Primary source read
Days in this quarter
19 (in force on the first day)

In light of the ongoing public health concerns relating to COVID-19, the following shall apply to cases prior to a ruling on a petition for a writ of certiorari: IT IS ORDERED that the deadline to file any petition for a writ of certiorari due on or after the date of this order is extended to 150 days from the date of the lower court judgment, order denying discretionary review, or order denying a timely petition for rehearing.... These modifications will remain in effect until further order of the Court.

Enforcement: order of the Court

Citation: Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292) Open the exhibit

Ex. FED-034
CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')

Notice of Order Under Sections 362 and 365 of the Public Health Service Act Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists, 85 Fed. Reg. 17060 (Mar. 26, 2020)

Centers for Disease Control and Prevention, HHS (CDC Director), United States land borders with Canada and Mexico (ports of entry and Border Patrol stations) (Federal)

Dates
In force from Mar. 20, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantine
Functions reached
TR/TRAV cross-border movement of persons at the land borders (with the DHS land-border notices, FED-B); WF border-region labor markets; CB border-community commerce
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

For simplicity, I shall refer to the persons covered by this order as 'covered aliens.' I suspend the introduction of all covered aliens into the United States for a period of 30 days, starting from the date of this order. I may extend this order if necessary to protect the public health.

Enforcement: 42 U.S.C. § 271; implemented by DHS/CBP expulsions

Citation: Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034) Open the exhibit

Ex. FED-132
FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic)

New York; Major Disaster and Related Determinations, 85 Fed. Reg. 20702 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (New York) (Federal)

Dates
In force from Mar. 20, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

I have determined that the emergency conditions in [New York] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [New York].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132) Open the exhibit

Ex. FED-104
FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)

California; Major Disaster and Related Determinations, 85 Fed. Reg. 20703 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (California) (Federal)

Dates
In force from Mar. 22, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

I have determined that the emergency conditions in [California] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [California].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104) Open the exhibit

Ex. FED-147
FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)

Washington; Major Disaster and Related Determinations, 85 Fed. Reg. 20704 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Washington) (Federal)

Dates
In force from Mar. 22, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

I have determined that the emergency conditions in [Washington] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Washington].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147) Open the exhibit

Ex. FED-071
Executive Order 13910

Preventing Hoarding of Health and Medical Resources To Respond to the Spread of COVID-19, 85 Fed. Reg. 17001 (Mar. 26, 2020)

President Donald J. Trump, United States (Federal)

Dates
In force from Mar. 23, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Supply chain
Functions reached
SC PPE procurement and inventory of every employer; RT retail of designated materials; DS wholesale distribution
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

Sec. 2. Delegation of Authority to Prevent Hoarding. (a) The Secretary is delegated the following: (i) the authority of the President conferred by section 102 of the Act to prevent hoarding of health and medical resources necessary to respond to the spread of COVID-19 within the United States, including the authority to prescribe conditions with respect to the accumulation of such resources, and to designate any material as a scarce material, or as a material the supply of which would be threatened by persons accumulating the material either in excess of reasonable demands of business, personal, or home consumption, or for the purpose of resale at prices in excess of prevailing market prices

Enforcement: DPA § 103 criminal penalties (50 U.S.C. § 4513); Department of Justice COVID-19 Hoarding and Price Gouging Task Force

Citation: President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071) Open the exhibit

Ex. FED-099
CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)

QSO-20-20-ALL, Prioritization of Survey Activities

CMS, Quality, Safety & Oversight Group, United States (all Medicare/Medicaid certified providers and suppliers; CLIA laboratories) (Federal)

Dates
In force from Mar. 23, 2020 to May 1, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersCourts and public offices
Functions reached
CT/HR licensure, certification and survey functions of every certified provider (initial certifications, changes of ownership and revisits delayed); IC (focused infection control surveys imposed)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

On Friday, March 13, 2020, the President declared a national emergency, which triggers the Secretary's ability to authorize waivers or modifications of certain requirements pursuant to section 1135 of the Social Security Act (the Act). [CMS suspends standard surveys and prioritizes survey activity to immediate jeopardy complaints, infection control surveys and other listed categories for a three-week period, then as extended.]

Enforcement: Governs State Survey Agency operations (federal survey and certification)

Citation: CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099) Open the exhibit

Ex. FED-115
FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)

Iowa; Major Disaster and Related Determinations, 85 Fed. Reg. 20704 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Iowa) (Federal)

Dates
In force from Mar. 23, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

I have determined that the emergency conditions in [Iowa] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Iowa].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115) Open the exhibit

Ex. FED-118
FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)

Louisiana; Major Disaster and Related Determinations, 85 Fed. Reg. 20701 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Louisiana) (Federal)

Dates
In force from Mar. 24, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

I have determined that the emergency conditions in [Louisiana] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Louisiana].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118) Open the exhibit

Ex. FED-183
Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices

Emergency Use Authorization Declaration, 85 Fed. Reg. 17335 (Mar. 27, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates
In force from Mar. 24, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationSupply chain
Functions reached
context for SC (ventilators, face shields, gowns, decontamination)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

The Office of the Assistant Secretary for Preparedness and Response, HHS, requested that the FDA, HHS, issue an EUA for certain medical devices to allow the Department to take response measures based on information currently available about the virus that causes COVID-19. The determination of a public health emergency, and the declaration that circumstances exist justifying emergency use of certain medical devices by the Secretary of HHS, as described below, enable the FDA Commissioner to issue an EUA for these devices for emergency use under section 564 of the FD&C Act.

Enforcement: Framework

Citation: Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183) Open the exhibit

Ex. FED-074
Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures

Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures, 85 Fed. Reg. 17592 (Mar. 30, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates
In force from Mar. 25, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Supply chain
Functions reached
SC PPE for every industry (dental CH/ST/SC; physician SC; hospitals SC; home care SC; personal services SL; construction JS; manufacturing PF)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

The following materials are designated pursuant to section 102 of the Defense Production Act (50 U.S.C. 4512) and Executive Order 13910 of March 23, 2020 (Preventing Hoarding of Health and Medical Resources to Respond to the Spread of COVID-19) as scarce materials or threatened materials: 1. N-95 Filtering Facepiece Respirators, including devices that are disposable half-face-piece nonpowered air-purifying particulate respirators intended for use to cover the nose and mouth of the wearer to help reduce wearer exposure to pathogenic biological airborne particulates 2. Other Filtering Facepiece Respirators (e.g., those designated as N99, N100, R95, R99, R100, or P95, P99, P100)... [and] elastomeric respirators, PAPRs, surgical masks, gloves, face shields, gowns, ventilators, sterilization services, disinfecting devices, medical gowns, sanitizing and disinfecting products

Enforcement: DPA § 103 criminal penalties; DOJ hoarding prosecutions

Citation: Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074) Open the exhibit

Ex. FED-109
FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)

Florida; Major Disaster and Related Determinations, 85 Fed. Reg. 20700 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Florida) (Federal)

Dates
In force from Mar. 25, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

I have determined that the emergency conditions in [Florida] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Florida].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109) Open the exhibit

Ex. FED-130
FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)

New Jersey; Major Disaster and Related Determinations, 85 Fed. Reg. 20700 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (New Jersey) (Federal)

Dates
In force from Mar. 25, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

I have determined that the emergency conditions in [New Jersey] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [New Jersey].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-130) Open the exhibit

Ex. FED-133
FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)

North Carolina; Major Disaster and Related Determinations, 85 Fed. Reg. 20701 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (North Carolina) (Federal)

Dates
In force from Mar. 25, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

I have determined that the emergency conditions in [North Carolina] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [North Carolina].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-133) Open the exhibit

Ex. FED-143
FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)

Texas; Major Disaster and Related Determinations, 85 Fed. Reg. 20699 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Texas) (Federal)

Dates
In force from Mar. 25, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

I have determined that the emergency conditions in [Texas] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Texas].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-143) Open the exhibit

Ex. FED-113
FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)

Illinois; Major Disaster and Related Determinations, 85 Fed. Reg. 20703 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Illinois) (Federal)

Dates
In force from Mar. 26, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

I have determined that the emergency conditions in [Illinois] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Illinois].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic) (Mar. 26, 2020) (Ex. FED-113) Open the exhibit

127 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

State of Oregon

Ex. OR-057
ODOT/DMV bulletin (June 29, 2021)

DMV continues expanding services as Oregon ends COVID-19 restrictions

Oregon Department of Transportation, Driver and Motor Vehicle Services (DMV), Oregon (State)

Dates
In force from June 30, 2021 to Sept. 30, 2021 (issued June 29, 2021)
Quarters
2021 Q22021 Q3
Limitations
Capacity limitFace-covering requirementCourts and public offices
Functions reached
DM motor-vehicle offices, titles, registrations, testing (appointment-only; masks on drive tests); HR CDL testing; SR dealer titling
Grade
Confirmed from a secondary source
Days in this quarter
92 (the whole quarter)

As of June 30, 2021, DMV offices will no longer require masks or physical distancing, or pandemic-related capacity limits on indoor waiting areas.... Appointments are the best way to get DMV services now and in the future.

Enforcement: Agency operating directive

Citation: Oregon Department of Transportation, Driver and Motor Vehicle Services (DMV), ODOT/DMV bulletin (June 29, 2021) (Ex. OR-057) Open the exhibit

Ex. OR-001
Executive Order 20-03

Declaration of Emergency Due to Coronavirus (COVID-19) Outbreak in Oregon

Governor Kate Brown, Oregon (State)

Dates
In force from Mar. 7, 2020 to Sept. 30, 2021 (issued Mar. 8, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
all functions (legal predicate for every later order)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

The Oregon Health Authority and the state Public Health Director shall take all actions necessary and authorized under ORS 401.651 to 401.670, ORS 433.443, and ORS 431A.015 to respond to, control, mitigate, and recover from the emergency, including but not limited to... Issuing guidelines for private businesses regarding appropriate work restrictions, if necessary.... This state of emergency shall exist for sixty days from the date of this Executive Order, unless extended or terminated earlier by the Governor.

Enforcement: Predicate for ORS 401.168-401.192 powers; violations of emergency orders punishable under ORS 401.990 (Class C misdemeanor)

Citation: Governor Kate Brown, Executive Order 20-03 (Mar. 8, 2020) (Ex. OR-001) Open the exhibit

Ex. OR-064
SB 278 (2021) 60-day eviction safe harbor; HB 4204 (2020) and HB 2009 (2021) mortgage foreclosure moratoria; HB 4212 (2020) deadline extensions and remote public meetings; SB 1801 (2020) cocktails to go

Related legislation not saved as exhibits

Oregon Legislative Assembly, Oregon (State)

Dates
In force from June 30, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Alcohol and barsCourts and public officesOther
Functions reached
SV foreclosure and collections; PM evictions (SB 278 safe harbor in Q3 2021); CT public meetings; BA alcohol to go
Grade
Confirmed from a secondary source
Days in this quarter
92 (the whole quarter)

Citation: Oregon Legislative Assembly, SB 278 (2021) 60-day eviction safe harbor; HB 4204 (2020) and HB 2009 (2021) mortgage foreclosure moratoria; HB 4212 (2020) deadline extensions and remote public meetings; SB 1801 (2020) cocktails to go (June 30, 2020) (Ex. OR-064)

Ex. OR-041
Oregon OSHA Administrative Order 2-2021 (permanent rule), OAR 437-001-0744

Rules Addressing the COVID-19 Public Health Emergency in All Oregon Workplaces (permanent adoption)

Oregon OSHA, Department of Consumer and Business Services, Oregon (Sector regulator)

Dates
In force from May 4, 2021 to June 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Functions reached
PF production floor (distancing, masks, sanitation to June 29, 2021; ventilation, notification, medical removal, plan and training after); OP offices; HR infection-control plan, training, notification, medical removal; WF quarantine of exposed employees; IC health-care exceptional-risk provisions
Grade
Primary source read
Days in this quarter
0

Unless otherwise indicated, the rule's provisions take effect May 4, 2021, and remain in effect until revised or repealed. Note: Oregon OSHA's temporary rule addressing COVID-19 in the workplace expires May 4, 2021, 180 days after its adoption. Under the Oregon Administrative Procedures Act, a temporary rule cannot be renewed or extended beyond 180 days. Therefore, in order to extend protections for workers against COVID-19, which remains a significant concern, Oregon OSHA adopted this rule following the normal process for permanent rulemaking.

Enforcement: Oregon Safe Employment Act citations and civil penalties; complaint-driven inspections

Citation: Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA Administrative Order 2-2021 (permanent rule), OAR 437-001-0744 (May 4, 2021) (Ex. OR-041) Open the exhibit

Ex. OR-042
Executive Order 21-14

Extending House Bill 2009's Mortgage Foreclosure Moratorium Until September 30, 2021

Governor Kate Brown, Oregon (State)

Dates
In force from June 11, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Courts and public officesOther
Functions reached
SV servicing and foreclosure; ML mortgage lending; CL trustee sales and judicial foreclosure; CM commercial property finance (HB 2009 coverage as enacted)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

I find that conditions warrant extending House Bill 2009's moratorium until at least September 30, 2021.... Pursuant to section 1(2)(b) of House Bill 2009 (2021), I hereby extend the mortgage foreclosure moratorium "emergency period" underlying the provisions of [House Bill 2009]... This Executive Order is effective immediately, and remains in effect until 11:59 [p.m. on September 30, 2021].

Enforcement: HB 2009 remedies (foreclosure actions and trustee sales barred during the emergency period)

Citation: Governor Kate Brown, Executive Order 21-14 (June 11, 2021) (Ex. OR-042) Open the exhibit

Ex. OR-043
Executive Order 21-15

Reopening Oregon: Rescinding Remaining Pandemic-Related Executive Orders; Extending Executive Order 20-03 to Support Recovery

Governor Kate Brown, Oregon (State)

Dates
In force from June 30, 2021 to Dec. 31, 2021 (issued June 25, 2021)
Quarters
2021 Q22021 Q3
Limitations
Emergency declarationSchools and child care
Functions reached
all functions (end of the general regime; continuation of the emergency predicate); EC child care flexibilities; IN schools: expectation of full-time in-person 2021-22 under statutes, rules and OHA/ODE guidance
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

2. Executive Order 20-66 (County Risk Framework). Executive Order 20-66, the successor of my original "Stay Home, Save Lives" and "Safe and Strong Oregon" orders, which contains the authorities for the statewide mask mandate and business and other sector capacity and physical distancing restrictions, among other pandemic-related restrictions, is rescinded, as of the Effective Date. 3. Executive Order 20-22 (Non-urgent Healthcare Procedures). Executive Order 20-22 is rescinded, as of the Effective Date. 4. Executive Order 21-06 (K-12 Schools). Executive Order 21-06 is rescinded, as of the Effective Date.... 5. Executive Order 20-28 (Higher Education)... is rescinded, as of the Effective Date. 6. a. Executive Order 20-19 (Childcare Facilities). Executive Order 20-19 is rescinded, as of the Effective Date. b. Ordering Additional Flexibility through September 1, 2021.... 7.... I find that…

Enforcement: ORS 401.192 full force and effect of law

Citation: Governor Kate Brown, Executive Order 21-15 (June 25, 2021) (Ex. OR-043) Open the exhibit

Ex. OR-044
Oregon OSHA Administrative Order 5-2021 (temporary amendment of OAR 437-001-0744)

Changes to Rules Addressing the COVID-19 Public Health Emergency in All Oregon Workplaces (June 30, 2021)

Oregon OSHA, Department of Consumer and Business Services, Oregon (Sector regulator)

Dates
In force from June 30, 2021 to Aug. 13, 2021
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Functions reached
PF, OP: ventilation, 24-hour exposure notification, medical removal and quarantine, risk assessment, infection-control plan and training retained for every workplace through Q3 2021; IC health care distancing and masking retained; WF voluntary masking right
Grade
Primary source read
Days in this quarter
44 (in force on the first day)

Major changes include the removal of physical distancing (section (3)(a)) and mask, face covering, or face shield (section (3)(b)) requirements for most employers. The rule retains the provision that an employee who chooses to wear a mask, face shield, or face covering, even when it is not required, must be allowed to do so. Notable exceptions to these changes include healthcare as well as transit.... The agency has removed the specific requirements related to Restaurants, Bars, Brewpubs, and Public Tasting Rooms... (A-1); Retail Stores (A-2); Personal Services Providers (A-3); Construction Operations (A-4);... Fitness-Related Organizations (A-7); K-12 Educational Institutions (A-8); Employers Operating Child Care and Early Education Programs (A-9)... This is Oregon OSHA Administrative Order 5-2021, Adopted and effective June 30, 2021.

Enforcement: Oregon Safe Employment Act

Citation: Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA Administrative Order 5-2021 (temporary amendment of OAR 437-001-0744) (June 30, 2021) (Ex. OR-044) Open the exhibit

Ex. OR-045
OAR 333-019-1015 (temporary rule PH 33-2021; amended PH 36-2021, PH 44-2021, PH 84-2021; permanent PH 10-2022)

Masking Requirements in Schools

Oregon Health Authority, Public Health Division, Oregon (State)

Dates
In force from Aug. 2, 2021 to Jan. 28, 2022
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child care
Functions reached
IN in-person instruction under universal masking; WF workforce (school operations and exclusion rules); AC athletics (competitive-sport exception); HR school staff
Grade
Primary source read
Days in this quarter
60 (in force on the last day)

(4) Schools must ensure that all individuals, including but not limited to staff, students, contractors and visitors wear a mask or face covering, except as provided in sections (5) and (6) of this rule, when in an indoor setting: (a) At school during regular school hours; (b) Engaged in educational activities such as field trips or off-campus classes during regular school hours; and (c) At school engaged in educational activities outside of regular school hours.... (8) A school that violates this rule is subject to a civil penalty of $500 per day per violation.

Enforcement: Civil penalty $500 per day per violation (OAR 333-019-1015(8)); Oregon OSHA complaint investigations under the Oregon Safe Employment Act ($100-$126,749 per the ODE enforcement memorandum, OR-056); TSPC educator discipline

Citation: Oregon Health Authority, Public Health Division, OAR 333-019-1015 (temporary rule PH 33-2021; amended PH 36-2021, PH 44-2021, PH 84-2021; permanent PH 10-2022) (Aug. 2, 2021) (Ex. OR-045) Open the exhibit

Ex. OR-046
OAR 333-019-1010 (PH 34-2021)

COVID-19 Vaccination or Testing Requirements for Healthcare Providers and Healthcare Staff in Healthcare Settings

Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 34-2021), Oregon (State)

Dates
In force from Aug. 5, 2021 to Aug. 25, 2021
Quarters
2021 Q3
Limitations
Health care ordersWorkplace rulesVaccination or testing
Functions reached
HR credentialing and vaccination-status documentation of every clinical and non-clinical staff member (clerical, dietary, environmental services, billing, volunteers); IC infection control (weekly testing); WF workforce availability; CH dental chairside staff; HC home care agencies (licensed settings and agencies under ORS 443)
Grade
Primary source read
Days in this quarter
21

OAR 333-019-1010 helps to prevent and slow the spread of COVID-19 by requiring health care personnel and healthcare staff who work in healthcare settings to either be vaccinated against COVID-19 or be tested for COVID-19 on at least a weekly basis.... An employer of healthcare providers or healthcare staff, contractors or responsible parties must have and follow a policy for: (a) Requesting and obtaining from every healthcare provider and healthcare staff person proof of vaccination. (b) Required COVID-19 testing for any healthcare provider or healthcare staff person who is unvaccinated or has an unknown vaccination status, on at least a weekly basis. (c) Maintaining documentation... Full compliance with the rule is required no later than September 30, 2021. A person who violates the rule on or after September 30, 2021, may have civil penalties imposed against them of $500 per day per…

Enforcement: Civil penalties of $500 per day per violation from Sept. 30, 2021 (ORS 431A.010)

Citation: Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 34-2021), OAR 333-019-1010 (PH 34-2021) (Aug. 5, 2021) (Ex. OR-046) Open the exhibit

Ex. OR-056
Enforcement of OAR 333-019-1015 Masking Requirements in Schools (ODE memorandum, August 2021)

Enforcement of OAR 333-019-1015 Masking Requirements in Schools

Oregon Department of Education with Oregon Health Authority, Oregon OSHA and the Teacher Standards and Practices Commission, Oregon (State)

Dates
In force from Aug. 12, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child careWorkplace rules
Functions reached
IN in-person instruction under enforced masking; HR educator licensure exposure; WF
Grade
Primary source read
Days in this quarter
50 (in force on the last day)

There are currently two pathways to enforcement of face covering requirements in schools: OAR 333-019-1015 adopted by OHA, and the Oregon Safe Employment Act (temporary amendment to rule to be adopted by OROSHA).... Failure to enforce: Fine based on serious violations...; $100 to $2,600. Willful negligence: Fine based on size of the business...; $8,900 to $126,749.... Each separate school building that fails to comply may be considered a separate violation of OAR 333-019-1015 for the purposes of calculating civil penalties up to $500 per day per school building.

Enforcement: As quoted; TSPC discipline of licensed educators (OAR 584-020-0040)

Citation: Oregon Department of Education with Oregon Health Authority, Oregon OSHA and the Teacher Standards and Practices Commission, Enforcement of OAR 333-019-1015 Masking Requirements in Schools (ODE memorandum, August 2021) (Aug. 12, 2021) (Ex. OR-056) Open the exhibit

Ex. OR-047
Oregon EO 21-29 (Aug. 13, 2021)

COVID-19 Vaccination Requirement for State Executive Branch Employees and Workers

Governor Kate Brown, Oregon (State)

Dates
In force from Aug. 13, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Workplace rulesVaccination or testing
Functions reached
HR vaccination status of State employees and of every private contractor's on-site personnel (janitorial, security, staffing, construction, IT, professional services at State worksites); PL placements at State client sites; WF
Grade
Primary source read
Days in this quarter
49 (in force on the last day)

2. Prohibitions. This order prohibits the following: a. Any Employee or Worker from engaging in work for the Executive Branch after October 18, 2021, or six weeks after the date that the United States Food and Drug Administration approves a vaccination against COVID-19, whichever is later, if the Employee or Worker has not been Fully Vaccinated against COVID-19. b. The Executive Branch from permitting any Employee or Worker to engage in work for the Executive Branch after [that date]... if the Employee or Worker has not been fully vaccinated against COVID-19 and provided proof or documentation thereof... 7. Enforcement. Employees who fail to comply with this directive will face personnel consequences up to and including separation from employment. Contracting agencies may take any action in contract, at law, or in equity for any noncompliance of Workers and entities for which a Worker is…

Enforcement: Para. 7 as quoted; ORS 401.192(1)

Citation: Governor Kate Brown, Oregon EO 21-29 (Aug. 13, 2021) (Ex. OR-047) Open the exhibit

Ex. OR-048
OAR 333-019-1025 (temporary rule PH 35-2021; amended PH 41-2021 and PH 83-2021; permanent PH 15-2022)

Masking Requirements for Indoor Spaces (from Aug. 27, 2021: Masking Requirements for Indoor and Outdoor Spaces)

Oregon Health Authority, Public Health Division, Oregon (State)

Dates
In force from Aug. 13, 2021 to Feb. 8, 2022 (issued Aug. 11, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementWorkplace rules
Functions reached
PF production floor (factories named); JS construction sites (named); FP farms (named); OP offices (private individual enclosed workspace excepted); SF sales floors (customers); DR dining (masks except while eating); FC fitness; PE performances (performer exception); WS worship (indoor); CB customers and visitors; HR PPE supply
Grade
Primary source read
Days in this quarter
49 (in force on the last day)

(5) 'Individuals, regardless of vaccination status, are required to wear a mask, face covering or face shield except as exempted in section (6) of this rule when in an indoor space.'... 'Indoor spaces' [means] public/private workplaces, buildings, transportation, excluding private residences and personal vehicles; 'Public and private workplaces' [include] banks, factories, construction sites, farms... (7) [A person responsible for an indoor space] must: ensure employees, contractors, and volunteers comply; make reasonable efforts for customer/guest compliance; and post entrance signs stating masking requirements.... (3) This rule does not prohibit individuals or entities from imposing stricter masking requirements.... (9) [Violators face] civil penalties up to $500 daily per violation.

Enforcement: Civil penalty up to $500 per day per violation (OAR 333-019-1025(9); ORS 431A.010); Oregon OSHA enforcement in workplaces through AO 10-2021 (OR-049)

Citation: Oregon Health Authority, Public Health Division, OAR 333-019-1025 (temporary rule PH 35-2021; amended PH 41-2021 and PH 83-2021; permanent PH 15-2022) (Aug. 11, 2021) (Ex. OR-048) Open the exhibit

Ex. OR-049
Oregon OSHA Administrative Order 10-2021 (temporary amendment of OAR 437-001-0744)

Renewed Masking Requirements in Rules Addressing the COVID-19 Public Health Emergency in All Workplaces

Oregon OSHA, Department of Consumer and Business Services, Oregon (Sector regulator)

Dates
In force from Aug. 13, 2021 to Mar. 12, 2022
Quarters
2021 Q3
Limitations
Face-covering requirementWorkplace rules
Functions reached
PF, OP, JS, WH: every indoor workspace; HR PPE at no cost
Grade
Primary source read
Days in this quarter
49 (in force on the last day)

Employers with employees working in indoor workspaces must implement the requirements of OAR 333-019-1025: Masking Requirements for Indoor Spaces, adopted by the Oregon Health Authority. (A) The employer must provide masks, face coverings, or face shields for employees at no cost to the worker.... Note: The requirements of (3)(b) and (3)(b)(A) are effective August 13, 2021.

Enforcement: Oregon Safe Employment Act citations and penalties

Citation: Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA Administrative Order 10-2021 (temporary amendment of OAR 437-001-0744) (Aug. 13, 2021) (Ex. OR-049) Open the exhibit

Ex. OR-050
Executive Order 21-30

Extending House Bill 2009's Mortgage Foreclosure Moratorium Until December 31, 2021

Governor Kate Brown, Oregon (State)

Dates
In force from Aug. 16, 2021 to Dec. 31, 2021
Quarters
2021 Q3
Limitations
Courts and public officesOther
Functions reached
SV servicing and foreclosure; ML mortgage lending; CL trustee sales
Grade
Primary source read
Days in this quarter
46 (in force on the last day)

I now find that conditions warrant extending House Bill 2009's moratorium until December 31, 2021.... Pursuant to section 1(2)(b) of House Bill 2009 (2021), I hereby extend the mortgage foreclosure moratorium "emergency period" underlying the provisions of [House Bill 2009]...

Enforcement: HB 2009 remedies

Citation: Governor Kate Brown, Executive Order 21-30 (Aug. 16, 2021) (Ex. OR-050) Open the exhibit

Ex. OR-051
OAR 333-019-1010 (PH 38-2021, replacing PH 34-2021; amended PH 42-2021 Sept. 1, 2021; permanent PH 11-2022)

COVID-19 Vaccination Requirement for Healthcare Providers and Healthcare Staff in Healthcare Settings

Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 38-2021), Oregon (State)

Dates
In force from Aug. 25, 2021 to Jan. 31, 2022
Quarters
2021 Q3
Limitations
Health care ordersWorkplace rulesVaccination or testing
Functions reached
HR vaccination documentation of every employee, contractor and volunteer in a healthcare setting; WF staffing (unvaccinated staff barred after Oct. 18, 2021); IC; CH dental staff; HC home care and hospice agencies
Grade
Primary source read
Days in this quarter
37 (in force on the last day)

This filing replaces Temporary Administrative Order PH 34-2021 filed and effective on August 5, 2021.... OAR 333-019-1010 helps to prevent and slow the spread of COVID-19 by requiring health care personnel and healthcare staff who work in healthcare settings to be vaccinated against COVID-19 or request a medical or religious exception.... SUSPEND: Temporary 333-019-1010 from PH 34-2021

Enforcement: Civil penalties of $500 per day per violation (per OHA notice; ORS 431A.010); employer documentation duty by Oct. 18, 2021

Citation: Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 38-2021), OAR 333-019-1010 (PH 38-2021, replacing PH 34-2021; amended PH 42-2021 Sept. 1, 2021; permanent PH 11-2022) (Aug. 25, 2021) (Ex. OR-051) Open the exhibit

Ex. OR-052
OAR 333-019-1030 (PH 39-2021; permanent PH 10-2022)

COVID-19 Vaccination Requirements for Teachers and School Staff

Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 39-2021), Oregon (State)

Dates
In force from Aug. 25, 2021 to Jan. 28, 2022
Quarters
2021 Q3
Limitations
Schools and child careWorkplace rulesVaccination or testing
Functions reached
HR vaccination status of school employees and of contractor and vendor personnel with student contact (janitorial, food service, transportation, coaching, child care); WF; EC school-based child care staff
Grade
Primary source read
Days in this quarter
37 (in force on the last day)

OAR 333-019-1030 helps to prevent and slow the spread of COVID-19 by requiring teachers, school staff, volunteers, and school-based program staff and volunteers who work in schools to be vaccinated against COVID-19 or request a medical or religious exception. Teachers, school staff and volunteers: (A) Means anyone age 16 and older: (i) Who is employed at a school or anyone who is not employed but is otherwise engaged to provide goods or services to or at a school through any formal or informal agreement, whether compensated or uncompensated, and includes but is not limited to teachers, administrative staff, cleaning staff, coaches, school bus drivers, family volunteers and substitute teachers; and (ii) Providing goods or services at or for a school that includes direct or indirect contact with students.

Enforcement: Civil penalties under ORS 431A.010 (rule text pages beyond the summary not read)

Citation: Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 39-2021), OAR 333-019-1030 (PH 39-2021; permanent PH 10-2022) (Aug. 25, 2021) (Ex. OR-052) Open the exhibit

Ex. OR-058
Executive Order 21-31

Extending Emergency Regulatory Flexibility for Childcare Licensing; Amending Executive Order 21-15

Governor Kate Brown, Oregon (State)

Dates
In force from Sept. 1, 2021 to Dec. 31, 2021
Quarters
2021 Q3
Limitations
Emergency declarationSchools and child care
Functions reached
EC child care (emergency facility approvals, emergency background checks, school-site programs) under emergency authority through Q3 2021; WF
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

Oregon is currently in the midst of a surge of the Delta variant of COVID-19.... Effective September 1, 2021, at 11:59pm, Paragraph 6(b) of Executive Order 21-15 [is amended]... b. Ordering Additional Flexibility through December 31, 2021.

Enforcement: ORS 401.192(1)

Citation: Governor Kate Brown, Executive Order 21-31 (Sept. 1, 2021) (Ex. OR-058) Open the exhibit

Ex. OR-054
Chief Justice Order 21-039

Order Imposing Vaccination Requirement

Chief Justice Martha L. Walters, Oregon Supreme Court, Oregon (Court)

Dates
In force from Oct. 1, 2021; end: Lifted by CJO 2022-003 (2022; not read) (issued Sept. 16, 2021)
Quarters
2021 Q3
Limitations
Courts and public officesWorkplace rulesVaccination or testing
Functions reached
CT courts (staffing and operations); HR public-employee vaccination mandate; WF
Grade
Primary source read
Days in this quarter
0

2. Vaccination requirement. Except as otherwise provided in paragraph 3, a. All judges and staff must have received one dose of a COVID-19 vaccine before October 1, 2021, and must provide proof before October 1, 2021.... 5. Failure to comply... (2) If a staff person does not comply..., that staff will be issued a notice of layoff and placed on unpaid leave, and will not be permitted to work for OJD... 6. This order is effective immediately and will remain in effect until amended, superseded, or vacated by further Chief Justice Order. Dated this 16th day of September, 2021.

Enforcement: Complaint to the Commission on Judicial Fitness and Disability and suspension request for judges; layoff and unpaid leave for staff (para. 5)

Citation: Chief Justice Martha L. Walters, Oregon Supreme Court, Chief Justice Order 21-039 (Sept. 16, 2021) (Ex. OR-054) Open the exhibit

Agencies, boards and authorities: Oregon

Ex. AGY-ST-ALCOHOL-092
OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For Consumer Pickup and Delivery to Consumer

Off-Premises Licensee Privileges (container, curbside and home-delivery rules by license type during the COVID-19 closures)

Oregon Liquor Control Commission, Oregon (State alcoholic-beverage regulator) (Sector regulator)

Dates
In force from Mar. 17, 2020 to Apr. 1, 2022 (issued Mar. 20, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureAlcohol and barsOther
Functions reached
BA; TO; RT; CB
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store - For Consumer Pickup and Delivery to Consumer... Container Type, Size & Volume Limitations for Consumer Pickup at the Premises for Consuming Off-Premises... Factory-sealed and must be listed product

Enforcement: ORS 471.315 (suspension, cancellation)

Citation: Oregon Liquor Control Commission, OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For Consumer Pickup and Delivery to Consumer (Mar. 20, 2020) (Ex. AGY-ST-ALCOHOL-092) Open the exhibit

Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053
Administrative Order 1-2021, OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing (temporary rule)

Rules Addressing the COVID-19 Workplace Requirements for Employer-Provided Labor Housing (Adoption, April 2021)

Oregon OSHA, Administrative Order 1-2021, Oregon OSHA (State agency) (Sector regulator)

Dates
In force from Apr. 30, 2021 to Oct. 24, 2021
Quarters
2021 Q22021 Q3
Limitations
Capacity limitWorkplace rulesQuarantine and isolation
Functions reached
LB labor housing (occupancy, bed spacing, isolation space, ventilation, no charges); FP farm production (housing capacity limits the harvest workforce); LG hotels and motels used as labor housing (licensed; configuration and services fixed); WF workforce; OP administration
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

OAR 437-004-1115 - COVID-19 Workplace Requirements for Employer-Provided Labor Housing. Note: Unless otherwise indicated, the rule's provisions take effect April 30, 2021, and remain in effect until revised or repealed.... The Executive Order [20-58] expired on April 30, 2021. In order to extend protections for workers against [COVID-19, Oregon OSHA adopts this rule]... (j) Charging occupants for required services. Operators must not charge for [any of the services required by this rule]... (i) The hotel or motel facility must be licensed and meet the other [requirements]... (iii) Room assignment must ensure privacy and separation for [occupants who are not household members]... employers must increase air circulation and [ventilation].

Enforcement: ORS 654.071, 654.086 (Oregon OSHA citations and civil penalties)

Citation: Oregon OSHA, Administrative Order 1-2021, Administrative Order 1-2021, OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing (temporary rule) (Apr. 30, 2021) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053) Open the exhibit

Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-054
Administrative Order 4-2021, temporary amendments to OAR 437-004-1115 (COVID-19 Workplace Requirements for Employer-Provided Labor Housing)

Changes to Rules Addressing the COVID-19 Workplace Requirements for Employer-Provided Labor Housing (Temporary Rulemaking, Adopted Amendments, June 2021)

Oregon OSHA, Administrative Order 4-2021, Oregon OSHA (State agency) (Sector regulator)

Dates
In force from June 30, 2021 to Oct. 24, 2021
Quarters
2021 Q22021 Q3
Limitations
Capacity limitWorkplace rules
Functions reached
LB labor housing; FP farm production; WF workforce
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

Changes to Rules Addressing the COVID-19 Workplace Requirements for Employer-Provided Labor Housing. Temporary Rulemaking. Adopted Amendments. June 2021.... OAR 437-004-1115 - COVID-19 Workplace Requirements for Employer-Provided Labor Housing. Note: Unless otherwise indicated, the rule's provisions take effect April 30, 2021, and remain in effect until revised or repealed.

Enforcement: ORS 654.071, 654.086

Citation: Oregon OSHA, Administrative Order 4-2021, Administrative Order 4-2021, temporary amendments to OAR 437-004-1115 (COVID-19 Workplace Requirements for Employer-Provided Labor Housing) (June 30, 2021) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-054) Open the exhibit

Ex. AGY-ST-LABOR-WORKPLACE-019
Oregon OSHA Administrative Order 1-2021 (permanent): OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing, text of adopted rule

COVID-19 Workplace Requirements for Employer-Provided Labor Housing (permanent rule adopted May 4, 2021)

Oregon OSHA, Oregon; Oregon OSHA, Department of Consumer and Business Services (Sector regulator)

Dates
In force from May 4, 2021 to June 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolationSupply chain
Functions reached
LB labor housing (occupancy, bed spacing, cohorts, isolation, cleaning, face coverings); FP farm production (housing-dependent harvest labor); WF workforce; HR training and notices
Grade
Primary source read
Days in this quarter
0

(a) This rule applies to all employer-provided labor housing and other employer-provided housing, whether such housing is otherwise currently covered by OAR 437-004-1120 'Agricultural Labor Housing and Related Facilities' or by 29 CFR 1910.142... The requirements of this rule apply to all labor housing sites owned, operated, or allowed to operate on the employer's premises.

Enforcement: Oregon OSHA citations and civil penalties, ORS 654.071, 654.086

Citation: Oregon OSHA, Oregon OSHA Administrative Order 1-2021 (permanent): OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing, text of adopted rule (May 4, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-019) Open the exhibit

Ex. AGY-ST-LABOR-WORKPLACE-020
Oregon OSHA Administrative Order 4-2021 (temporary): amendments to OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing, aligning with the Governor's June 30, 2021 lifting of general restrictions

Adopted temporary amendments to COVID-19 Workplace Requirements for Employer-Provided Labor Housing (letter and filing)

Oregon OSHA, Oregon; Oregon OSHA, Department of Consumer and Business Services (Sector regulator)

Dates
In force from June 30, 2021 to Dec. 26, 2021
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Functions reached
LB; FP; WF; HR
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

Consistent with that decision, Oregon OSHA is amending OAR 437-004-1115 COVID-19 Workplace Requirements for Employer-Provided Labor Housing... By amending the rules to align with Oregon Health Authority and Governor Brown, Oregon OSHA... [retains the housing-specific COVID-19 requirements while removing general masking and distancing provisions for fully vaccinated occupants]. This is Oregon OSHA Administrative Order 4-2021, Adopted and effective June 30, 2021.

Enforcement: Oregon OSHA citations and civil penalties, ORS 654.071, 654.086

Citation: Oregon OSHA, Oregon OSHA Administrative Order 4-2021 (temporary): amendments to OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing, aligning with the Governor's June 30, 2021 lifting of general restrictions (Ex. AGY-ST-LABOR-WORKPLACE-020) Open the exhibit

Ex. AGY-ST-LABOR-WORKPLACE-021
Oregon OSHA Administrative Order 12-2021 (temporary): Medical Removal Protection Benefits in OAR 437-001-0744, Rule Addressing COVID-19 Workplace Risks, and enforcement of OHA's OAR 333-019-1025 masking requirements for indoor and outdoor spaces

Medical Relief Benefits in Rules Addressing the COVID-19 Public Health Emergency in All Workplaces (adopted Sept. 14, 2021; effective Sept. 16, 2021)

Oregon OSHA, Oregon; Oregon OSHA, Department of Consumer and Business Services (Sector regulator)

Dates
In force from Sept. 16, 2021 to Dec. 21, 2021 (issued Sept. 14, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Functions reached
EMP (masking in every indoor workplace and in crowded outdoor workplaces); HC health care medical removal with pay; WF workforce (paid removal of infected and exposed workers); HR; OP
Grade
Primary source read
Days in this quarter
15 (in force on the last day)

Oregon OSHA is making a substantive change to OAR 437-001-0744: Rule Addressing COVID-19 Workplace Risks... The MRB provides [medical removal protection benefits when] the need for the medical removal is met under the provisions listed in the rule.... The amendment is effective September 16, 2021. Additionally, on August 27, 2021 the Oregon Health Authority adopted a temporary rule... Oregon OSHA has the authority to enforce rules adopted by other state agencies under ORS 654.025(3)(a). This temporary rulemaking is necessary to make it clear that [Oregon OSHA enforces OAR 333-019-1025] Masking Requirements for Indoor and Outdoor Spaces, adopted by the Oregon Health Authority.

Enforcement: Oregon OSHA citations and civil penalties, ORS 654.071, 654.086; ORS 654.025(3)(a)

Citation: Oregon OSHA, Oregon OSHA Administrative Order 12-2021 (temporary): Medical Removal Protection Benefits in OAR 437-001-0744, Rule Addressing COVID-19 Workplace Risks, and enforcement of OHA's OAR 333-019-1025 masking requirements for indoor and outdoor spaces (Sept. 14, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-021) Open the exhibit

End of general restrictions, State of Oregon: Executive Order 21-15 (Governor Kate Brown, June 25, 2021), Ex. OR-043 (2021-06-30 (12:01 a.m.; the order's 'Effective Date' was June 30, 2021 or the day 70 percent of adults had one vaccine dose, whichever was earlier)). What remained: The COVID-19 state of emergency (EO 20-03 extended by EO 21-15 para. 7 to Dec. 31, 2021, then by EO 21-36 to June 30, 2022); EO 21-15 para. 6(b) child-care emergency flexibilities (to Sept. 1, 2021; extended by EO 21-31 to Dec. 31, 2021); the HB 2009 mortgage foreclosure moratorium as extended by EO 21-14 (to Sept. 30, 2021) and EO 21-30 (to Dec. 31, 2021); Oregon OSHA OAR 437-001-0744 as amended by AO 5-2021 (June 30, 2021): ventilation, 24-hour exposure notification, medical removal and quarantine procedures, exposure risk assessment, infection-control plan and training duties for every workplace, plus distancing and masking in health care and transit, plus the employee's right to wear a mask; masking in health care settings and public transit under OHA guidance and the federal CDC/TSA orders; DMV appointment-only service (masks required on drive tests); then, from Aug. 2, 2021, the OHA temporary rules and EO 21-29 listed in q3_2021_in_force.

Preemption of local orders, State of Oregon: Oregon did not bar stricter local orders. Every Governor's order recites that under ORS 401.192(1) its directives 'have the full force and effect of law, and any existing laws, ordinances, rules and orders shall be inoperative to the extent they are inconsistent with this exercise of the Governor's emergency powers' (EO 20-12 at 8; EO 20-25 para. 23; EO 20-27 para. 25; EO 20-66 para. 9): the State displaced weaker local rules, not stricter ones. EO 20-66 para. 8(c) exempted 'local government buildings and operations' only from the office-telework paragraph and required them otherwise to comply with the order, the Risk Level Metrics and OHA guidance; para. 8(d) placed the judicial and legislative branches, the federal government and tribal governments outside the order. EO 20-12 para. 14 and EO 20-25 para. 8(d) 'strongly encouraged' local governments to follow the State's building-closure and telework directives. OAR 333-019-1025(3) (Aug. 13, 2021) states: 'This rule does not prohibit individuals or entities from imposing stricter masking requirements.' Multnomah County's Aug. 9, 2021 indoor-mask rule (effective Aug. 13) preceded the State rule by hours and was withdrawn in favor of it (PDX metro file). County entry into Phase I and Phase II under EO 20-25 and 20-27, and each county's Risk Level under EO 20-66, were fixed by the Governor and OHA, not by the counties; a county could ask to remain at a higher Risk Level (EO 20-66 para. 3(b)(iii)).

Third quarter of 2021: the instruments in force, State of Oregon

In force during the third quarter of 2021 (an order in force on any day of the quarter is an order in force during it):

  • OR-043 EO 21-15: state of emergency (EO 20-03) extended to Dec. 31, 2021; para. 6(b) child-care emergency flexibilities to Sept. 1, 2021
  • OR-058 EO 21-31 (Sept. 1, 2021): child-care flexibilities extended to Dec. 31, 2021
  • OR-042 EO 21-14 (June 11, 2021): HB 2009 mortgage foreclosure moratorium to Sept. 30, 2021
  • OR-050 EO 21-30 (Aug. 16, 2021): foreclosure moratorium to Dec. 31, 2021
  • OR-041 / OR-044 Oregon OSHA OAR 437-001-0744 as amended June 30, 2021: ventilation, 24-hour exposure notification, medical removal and quarantine, risk assessment, infection-control plan, training, voluntary masking right; distancing and masks in health care and transit (all quarter)
  • OR-045 OAR 333-019-1015 (PH 33-2021, Aug. 2, 2021): masks required of everyone in every K-12 school indoors; $500 per day per violation; OR-056 ODE enforcement memorandum (Aug. 12, 2021)
  • OR-046 OAR 333-019-1010 (PH 34-2021, Aug. 5, 2021): health care providers and staff vaccinate or test weekly; compliance by Sept. 30, 2021
  • OR-047 EO 21-29 (Aug. 13, 2021): executive-branch employees and on-site workers fully vaccinated by Oct. 18, 2021
  • OR-048 OAR 333-019-1025 (PH 35-2021 filed Aug. 11, effective Aug. 13, 2021; PH 41-2021 Aug. 27, 2021): masks in every indoor space including public and private workplaces, age five and up, regardless of vaccination; crowded outdoor spaces from Aug. 27; $500 per day per violation
  • OR-049 Oregon OSHA AO 10-2021 (Aug. 13, 2021): employers with indoor workspaces must implement OAR 333-019-1025 and provide masks at no cost
  • OR-051 OAR 333-019-1010 as replaced by PH 38-2021 (Aug. 25, 2021): vaccination only (testing option removed); documentation of full compliance by Oct. 18, 2021; PH 42-2021 (Sept. 1, 2021) amendment
  • OR-052 OAR 333-019-1030 (PH 39-2021, Aug. 25, 2021): teachers, school staff, volunteers and school-based program staff (age 16 and up) vaccinated or excepted
  • OR-054 CJO 21-039 (Sept. 16, 2021): all judges and Oregon Judicial Department staff one dose before Oct. 1, 2021; twice-weekly testing from Oct. 4 for those excepted
  • OR-057 DMV appointment-based service continuing; masks on drive tests
  • Federal layer in Oregon (FED files): CDC conveyance mask order and TSA directives; OSHA Healthcare ETS from June 21, 2021; CMS conditions
  • Multnomah County indoor-mask executive rule (Aug. 9, effective Aug. 13, 2021) - PDX metro file

5. Standing duties in Oregon

Oregon's compulsion ran on four tracks of standing law, each of which predates COVID-19 and each of which the Governor's orders recited as their own foundation. First, the communicable-disease control act: ORS 433.010(1) commands that 'No person shall willfully cause the spread of any communicable disease within this state,' a Class C felony (ORS 433.990(2)); ORS 433.441(3) lets the Governor, in a public health emergency and, by subsection (4), in any ORS 401.165 emergency, 'Close, order the evacuation of or order the decontamination of any facility' and 'Control or limit entry into, exit from, movement within and the occupancy of premises in any public area'; ORS 433.443(2)(a)(C) lets the Public Health Director 'Order, or authorize local public health administrators to order, public health measures appropriate to the public health threat presented,' with civil penalties of $500 per day for knowing non-compliance ((2)(a)(F), (3)); ORS 431A.010(1) gives the Oregon Health Authority and every local public health administrator 'the power to enforce public health laws' by administrative order, civil penalty 'not to exceed $500 a day per violation,' inspection, civil action and referral for prosecution; ORS 431.150, 431.155 and 431.157 command enforcement and authorize injunctions. Every Oregon executive order in the library declared itself and the OHA guidance issued under it to be 'public health laws, as defined in ORS 431A.005,' enforceable 'as permitted under ORS 431A.010' (EO 20-25 para. 24, Ex. OR-017; EO 20-27 para. 26, Ex. OR-020; EO 20-66 para. 10, Ex. OR-035). Second, the emergency-management act: ORS 401.192(1) gives every gubernatorial rule and order 'the full force and effect of law both during and after the declaration of a state of emergency' and makes inconsistent laws, ordinances, rules and orders 'inoperative,' and ORS 401.990 makes knowing violation of any such order a Class C misdemeanor (30 days, $1,250, as the orders recited); the Oregon Court of Appeals held in Along Came Trudy LLC v. OLCC, 330 Or App 295, 304 (2024), rev den, 372 Or 588, that EO 20-66 'had the "full force and effect of law"' and that the OHA guidance it incorporated was enforceable, and affirmed cancellation of a restaurant's liquor license for indoor dining during Extreme Risk; JGB Enterprises, LLC v. OLCC, 325 Or App 326 (2023), and Central Pastime, LLC v. OLCC, 342 Or App 391 (2025), affirmed suspensions for indoor consumption, unenforced masks and unenforced six-foot distancing. Third, the Oregon Safe Employment Act: ORS 654.010 commands that 'Every employer shall furnish employment and a place of employment which are safe and healthful for employees therein... and shall do every other thing reasonably necessary to protect the life, safety and health of such employees'; ORS 654.022 commands that 'Every employer, owner, employee and other person shall obey and comply with every requirement of every order, decision, direction, standard, rule or regulation' of the Department of Consumer and Business Services 'or in any way relating to or affecting safety and health in employments or places of employment'; Oregon OSHA announced on March 27, 2020 that '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' and that it 'has the authority to enforce the requirements of the executive order(s) as they relate to potential worker exposure to COVID-19'; it did so (159 citations by June 2, 2021 from roughly 600 enforcement actions and more than 24,500 complaints, including willful citations for violating the on-premises consumption prohibition of the Governor's order in June 2020, before any COVID rule existed), and from November 16, 2020 it bound every workplace by OAR 437-001-0744 (Ex. OR-032, OR-041, OR-044, OR-049), whose paragraph (3)(a) reads 'All employers must ensure' distancing and whose paragraph (3)(b) reads 'Each employer must ensure' face coverings. Fourth, the liability layer: the Legislature enacted one COVID-19 shield, HB 4402 (Or. Laws 2020 (3d Spec. Sess.), ch. 4, effective December 23, 2020), and conditioned it on the school 'operating in compliance with COVID-19 emergency rules in effect at the time of the act or omission,' a term defined to include 'guidance'; the only general business shield introduced, HB 2638 (2021), which would have protected acts 'in reasonable compliance with guidance,' died in committee on June 26, 2021, so Oregon employers stood under the ordinary negligence standard for which Shahtout v. Emco Garbage Co., 298 Or 598 (1985), makes a governmentally prescribed safeguard the measure of due care. The sanitary code carried the same duties into every food-service, health-care, school and child-care workplace: OAR 333-019-0010(2) provides that a person 'may not attend or work at a school or facility while in a communicable stage of a restrictable disease,' and COVID-19 was made a restrictable disease by PH 17-2020 effective April 6, 2020; ORS 624.080(2) forbids a restaurant to 'employ a person who is affected with, carries or is suspected of being affected with or carrying any communicable disease' and commands the manager to notify OHA 'immediately'; ORS 624.073(2) authorizes closure for an imminent danger. The orders themselves made continued operation conditional: EO 20-12 para. 6 let a retailer operate only if it 'designates an employee or officer to establish, implement, and enforce social distancing policies, consistent with guidance from the Oregon Health Authority' and para. 7 and 11 closed non-compliant businesses 'until they demonstrate compliance' (Ex. OR-007); EO 20-25 para. 6(a) let any retail business 'operate only if the business complies with any applicable OHA guidance' and para. 7(c) commanded that 'Businesses and non-profits must comply with any applicable OHA guidance, including but not limited to guidance for employers' (Ex. OR-017); EO 20-27 para. 4 repeated 'businesses must comply with any applicable OHA guidance, including but not limited to employer guidance, and face coverings guidance' (Ex. OR-020); EO 20-66 para. 2 delegated to OHA the issuance of 'binding guidance for the public, for employers, and for particular sectors of the economy' that 'is enforceable to the same extent this Executive Order is enforceable' (Ex. OR-035); OHA's mask guidance stated that businesses 'are required to' require face coverings (Ex. OR-025); OAR 333-019-1025(7) provides that a person responsible for an indoor space 'must' ensure employee compliance and post signs (Ex. OR-048). Where an instrument recommended rather than commanded, the record says so: EO 20-25 para. 2(c) told individuals they 'should maintain physical distancing' and 'should adhere to any applicable OHA guidance'; EO 20-66 made office work prohibited at Extreme Risk and 'strongly recommended' remote work at High and Moderate Risk (Ex. OR-035 notes); Oregon OSHA's June 30, 2020 advisory memo stated what it 'expects' and what employers 'should' do to enforce the mandatory OHA face-covering requirement, and labeled its further suggestions 'Best Practice.' Each compulsory measure was therefore the discharge of a governmental command or a governmental condition of operating, and none was an election by the employer.

The phase question

Whether the measures Oregon employers took beyond the four corners of the emergency orders were voluntary within Notice 2021-20 Q&A-14, or were the discharge of standing duties imposed by Oregon law and of conditions the orders themselves attached to continued operation.

The State's standing duties

Ex. DUT-OR-001

Statute: ORS chapter 433 (Disease and Condition Control), Oregon's communicable-disease control act: reportable diseases, investigation and control measures (433.004, 433.006); prohibition on spreading disease (433.010); isolation and quarantine of persons and isolation of premises, with law-enforcement assistance (433.121-433.156); public health emergency powers of the Governor and the Public Health Director (433.441-433.452); penalties (433.990)

ORS 433.004, 433.006, 433.010, 433.121, 433.128, 433.131, 433.138, 433.142, 433.156, 433.441, 433.442, 433.443, 433.452 and 433.990: communicable-disease control measures, the duty not to spread disease, closure of facilities and control of the occupancy of premises in a public health emergency, and the penalties

Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, oregonlegislature.gov, 2025 Edition), Oregon (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureGathering capQuarantine and isolationStanding dutyOther
Character
statutory authority
Grade
Primary source read

433.441(3) During a declared public health emergency, the Governor may: (a) Close, order the evacuation of or order the decontamination of any facility... (d) Control or limit entry into, exit from, movement within and the occupancy of premises in any public area... 433.010(1) No person shall willfully cause the spread of any communicable disease within this state.

Enforcement: Violation of ORS 433.010 is a Class C felony (433.990(2)); violation of 433.004 or 433.008 is a Class A misdemeanor (433.990(1)); knowing failure to comply with requirements imposed by the Public Health Director under 433.443(2) carries civil penalties of up to $500 per day of violation (433.443(2)(a)(F), (3)); State and local law enforcement 'must assist' in enforcing isolation, quarantine and…

Citation: Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, oregonlegislature.gov, 2025 Edition), Statute: ORS chapter 433 (Disease and Condition Control), Oregon's communicable-disease control act: reportable diseases, investigation and control measures (433.004, 433.006); prohibition on spreading disease (433.010); isolation and quarantine of persons and isolation of premises, with law-enforcement assistance (433.121-433.156); public health emergency powers of the Governor and the Public Health Director (433.441-433.452); penalties (433.990) (standing) (Ex. DUT-OR-001) Open the exhibit

Ex. DUT-OR-002

Statute: ORS chapter 431A (Public Health Programs and Activities), sections 431A.005-431A.015: definitions of 'public health law' and 'public health measure'; power of the Oregon Health Authority and local public health administrators to enforce public health laws, with civil penalties; public health actions of the Public Health Director

ORS 431A.005, 431A.010 and 431A.015: enforcement of public health laws by administrative order, civil penalty of up to $500 a day per violation, inspection, civil action and prosecution; multi-county control measures prescribed by the Public Health Director

Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2019 Edition, as captured by the Wayback Machine Oct. 17, 2020), Oregon (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing dutyOther
Character
order penalty
Grade
Primary source read

431A.010(1) The Oregon Health Authority and local public health administrators shall have the power to enforce public health laws. The enforcement powers... include... the authority to:... (c) Issue administrative orders to enforce compliance with public health laws; (d) Issue a notice of violation... and impose a civil penalty as established by rule not to exceed $500 a day per violation

Enforcement: Civil penalty up to $500 a day per violation (431A.010(1)(d)); administrative orders (1)(c); restriction of access to property (1)(h); civil action and court-ordered public health measures (1)(j); referral to a district attorney for criminal prosecution (1)(k).

Citation: Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2019 Edition, as captured by the Wayback Machine Oct. 17, 2020), Statute: ORS chapter 431A (Public Health Programs and Activities), sections 431A.005-431A.015: definitions of 'public health law' and 'public health measure'; power of the Oregon Health Authority and local public health administrators to enforce public health laws, with civil penalties; public health actions of the Public Health Director (standing) (Ex. DUT-OR-002) Open the exhibit

Ex. DUT-OR-003

Statute: ORS chapter 431 (State and Local Administration and Enforcement of Health Laws), sections 431.110, 431.150, 431.155, 431.157 and 431.413: the Oregon Health Authority's supervision of 'all matters relating to the preservation of life and health,' its duty and the local public health administrators' duty to enforce every public health law, and their power to restrain violations by injunction

ORS 431.110, 431.150, 431.155, 431.157 and 431.413: general powers and duties of the Oregon Health Authority; enforcement of public health laws generally; injunctions against violations; powers and duties of local public health authorities

Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Oregon (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing dutyOther
Character
statutory authority
Grade
Primary source read

431.110 The Oregon Health Authority shall: (1) Have direct supervision of all matters relating to the preservation of life and health of the people of this state.... 431.150(1) The Oregon Health Authority shall enforce... any other public health law of this state.... 431.155(1)... the authority may institute proceedings in the circuit courts to enforce obedience thereto by injunction

Enforcement: Injunction and other mandatory process in circuit court (431.155, 431.157); prosecution by the district attorney on OHA's request (431.150(4)); the section's remedies are 'in addition to and not in substitution of any other enforcement provisions' (431.155(2)).

Citation: Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Statute: ORS chapter 431 (State and Local Administration and Enforcement of Health Laws), sections 431.110, 431.150, 431.155, 431.157 and 431.413: the Oregon Health Authority's supervision of 'all matters relating to the preservation of life and health,' its duty and the local public health administrators' duty to enforce every public health law, and their power to restrain violations by injunction (standing) (Ex. DUT-OR-003) Open the exhibit

Ex. DUT-OR-004

Statute: ORS chapter 401 (Emergency Management and Services), the emergency-management act: declaration of a state of emergency (401.165); the Governor's police powers (401.168); rules and orders on commodities, services, industrial plants, labor and child care (401.188); the force of law of emergency rules and orders (401.192); the offense of violating them (401.990)

ORS 401.165, 401.168, 401.175, 401.188, 401.192 and 401.990: the Governor's emergency powers, the 'full force and effect of law' of emergency rules and orders, and the Class C misdemeanor for knowingly violating them

Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Oregon (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationStanding dutyOther
Character
order penalty
Grade
Primary source read

401.192(1) All rules and orders issued under authority conferred by ORS 401.165 to 401.236 shall have the full force and effect of law both during and after the declaration of a state of emergency.... 401.990 Any person knowingly violating... any of the rules, regulations or orders adopted and promulgated under this chapter, shall, upon conviction thereof, be guilty of a Class C misdemeanor.

Enforcement: Class C misdemeanor upon conviction (401.990): up to 30 days' imprisonment or a fine of $1,250 or both, as EO 20-66 para. 10 recited (Ex. OR-035); the orders themselves have the force of law and displace inconsistent law (401.192(1)).

Citation: Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Statute: ORS chapter 401 (Emergency Management and Services), the emergency-management act: declaration of a state of emergency (401.165); the Governor's police powers (401.168); rules and orders on commodities, services, industrial plants, labor and child care (401.188); the force of law of emergency rules and orders (401.192); the offense of violating them (401.990) (standing) (Ex. DUT-OR-004) Open the exhibit

Ex. DUT-OR-005

Statute: ORS chapter 654, the Oregon Safe Employment Act: the employer's duty to furnish a safe and healthful place of employment and to do 'every other thing reasonably necessary' (654.010); prohibition of unsafe or unhealthy places of employment (654.015); duty of every employer, owner, employee and other person to comply with every safety and health order, standard and rule (654.022); the Director's jurisdiction over every place of employment (654.025); civil penalties (654.086); criminal penalties (654.991)

ORS 654.003, 654.010, 654.015, 654.022, 654.025, 654.086 and 654.991: the general workplace-safety duty binding every Oregon employer and the penalties for violating it

Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Oregon (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
workplace duty
Grade
Primary source read

Every employer shall furnish employment and a place of employment which are safe and healthful for employees therein,... and shall adopt and use such practices, means, methods, operations and processes as are reasonably necessary..., and shall do every other thing reasonably necessary to protect the life, safety and health of such employees

Enforcement: Civil penalties under 654.086(1): in 2020-2021 up to $12,750 for a serious violation and $8,900 to $126,749 for a willful or repeated violation, as Oregon OSHA stated on June 2, 2021 (DUT-OR-014) (the 2025 text reads $1,116-$15,625 and $11,162-$156,259, inflation-adjusted; up to $50,000 or $250,000 where death results; up to $15,625 per day for failure to correct); criminal penalty for a willful…

Citation: Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Statute: ORS chapter 654, the Oregon Safe Employment Act: the employer's duty to furnish a safe and healthful place of employment and to do 'every other thing reasonably necessary' (654.010); prohibition of unsafe or unhealthy places of employment (654.015); duty of every employer, owner, employee and other person to comply with every safety and health order, standard and rule (654.022); the Director's jurisdiction over every place of employment (654.025); civil penalties (654.086); criminal penalties (654.991) (standing) (Ex. DUT-OR-005) Open the exhibit

Ex. DUT-OR-006

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)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Schools and child careHealth care ordersWorkplace rulesQuarantine and isolationStanding duty
Character
sanitary code duty
Grade
Primary source read

(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

Enforcement: 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).

Citation: Oregon Health Authority, Public Health Division (rule filed with the Secretary of State; official Oregon Administrative Rules Database text), 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) (standing) (Ex. DUT-OR-006) Open the exhibit

Ex. DUT-OR-007

Statute: ORS chapter 624 (Food Service Facilities), the sanitary code for restaurants: OHA's duty to make sanitation rules (624.041); license suspension, closure for imminent danger (624.073); diseased persons may not work and may not be employed, and the manager's duty to notify OHA (624.080); summary closure (624.096); criminal and civil penalties (624.990, 624.992)

ORS 624.041, 624.073, 624.080, 624.096, 624.990 and 624.992: restaurant sanitation rules, exclusion of employees with communicable disease, closure for imminent danger to the public health, and penalties

Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Oregon (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureWorkplace rulesStanding duty
Character
sanitary code duty
Grade
Primary source read

624.080(2) A person who is affected with a communicable disease... may not work in any restaurant... A restaurant... may not employ a person who is affected with, carries or is suspected of being affected with or carrying any communicable disease. If the... manager suspects that any employee has contracted any disease in a communicable form..., the manager shall notify the Director

Enforcement: Class C misdemeanor for violating ORS 624.010-624.121 or OHA rules under them (624.990(1)); civil penalty (624.992(1)); license revocation or suspension after up to 14 days to correct (624.073(1)); immediate closure for an imminent or present danger (624.073(2)); summary closure of temporary restaurants (624.096).

Citation: Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Statute: ORS chapter 624 (Food Service Facilities), the sanitary code for restaurants: OHA's duty to make sanitation rules (624.041); license suspension, closure for imminent danger (624.073); diseased persons may not work and may not be employed, and the manager's duty to notify OHA (624.080); summary closure (624.096); criminal and civil penalties (624.990, 624.992) (standing) (Ex. DUT-OR-007) Open the exhibit

Ex. DUT-OR-008

Enrolled House Bill 4402 (HB 4402-A), Or. Laws 2020 (3d Spec. Sess.), ch. 4: limitation of liability of schools for COVID-19 infection claims, conditioned on compliance with 'COVID-19 emergency rules'; anti-retaliation amendments to ORS 659A.200 and 659A.203

Relating to claims arising during the COVID-19 emergency period; creating new provisions; amending ORS 659A.200 and 659A.203; and declaring an emergency

Oregon Legislative Assembly (80th Legislative Assembly, 2020 Third Special Session); approved by Governor Kate Brown Dec. 23, 2020, Oregon (State)

Dates
Standing (2020-12-23 (emergency clause, sec. 7: 'takes effect on its passage'))
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Schools and child careOperating conditionOther
Character
liability shield condition
Grade
Primary source read

SECTION 2. (1) A person may not bring a claim for damages related to COVID-19 infection suffered as a result of acts or omissions performed by a school: (a) In the course of operating an education program; and (b) When the school is operating in compliance with COVID-19 emergency rules in effect at the time of the act or omission.

Enforcement: None as such: the statute conditions immunity; a school not 'operating in compliance with COVID-19 emergency rules' answers in ordinary negligence, and Safe Employment Act and workers' compensation claims are preserved regardless (sec. 2(4)(a)-(b)).

Citation: Oregon Legislative Assembly (80th Legislative Assembly, 2020 Third Special Session); approved by Governor Kate Brown Dec. 23, 2020, Enrolled House Bill 4402 (HB 4402-A), Or. Laws 2020 (3d Spec. Sess.), ch. 4: limitation of liability of schools for COVID-19 infection claims, conditioned on compliance with 'COVID-19 emergency rules'; anti-retaliation amendments to ORS 659A.200 and 659A.203 (Dec. 23, 2020) (Ex. DUT-OR-008) Open the exhibit

Ex. DUT-OR-009

House Bill 2638 (2021 Regular Session), Introduced: limitation of liability for acts or omissions taken during the COVID-19 emergency period 'in reasonable compliance with guidance' (not enacted; died in committee)

Relating to limitations of liability during the COVID-19 emergency

Representatives Drazan and Gomberg (chief sponsors) and Representatives Bonham, Boshart Davis, Breese-Iverson, Moore-Green, Nearman, Owens, Post and Smith G; Oregon House of Representatives, 2021 Regular Session (81st Legislative Assembly), Oregon (State)

Dates
Standing (never; referred to House Judiciary Jan. 19, 2021; assigned to the Subcommittee on Civil Law Jan. 29, 2021; public hearing Feb. 24, 2021; motion to withdraw from committee failed May 26, 2021)
Limitations
Operating conditionOther
Character
not enacted
Grade
Primary source read

(2)(a) Except as provided in subsection (3) of this section, a person is not liable for damages arising out of acts or omissions taken during the COVID-19 emergency period in reasonable compliance with guidance that is applicable to the person's professional or business activities.... (d) "Guidance" means executive orders, federal guidelines, state rules, local rules and state informational

Enforcement: none (not enacted)

Citation: Representatives Drazan and Gomberg (chief sponsors) and Representatives Bonham, Boshart Davis, Breese-Iverson, Moore-Green, Nearman, Owens, Post and Smith G; Oregon House of Representatives, 2021 Regular Session (81st Legislative Assembly), House Bill 2638 (2021 Regular Session), Introduced: limitation of liability for acts or omissions taken during the COVID-19 emergency period 'in reasonable compliance with guidance' (not enacted; died in committee) (Jan. 11, 2021) (Ex. DUT-OR-009) Open the exhibit

Ex. DUT-OR-010

Oregon State Police, Emergency Declaration Enforcement FAQ (Mar. 24, 2020): law-enforcement guidance on enforcement of Executive Order 20-12, 'Stay Home, Save Lives'

Emergency Declaration Enforcement FAQ

Oregon State Police (published by Oregon OSHA, Department of Consumer and Business Services, as the attachment to its COVID-19 Q&A), Oregon (State)

Dates
Standing (2020-03-24)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureGathering capOther
Character
agency position statement
Grade
Primary source read

People that violate the Governor's Order in an Emergency Declaration could be arrested or cited, which is a C Misdemeanor- the lowest level of criminal conduct designation.... the employer may still have work to do on site. As long as employees are not conducting business that is prohibited by the Executive Order, it is okay to still be at the worksite.

Enforcement: Class C misdemeanor (ORS 401.990), by citation or arrest, described as 'an extreme last resort if a person failed to comply with the lawful direction of a police officer.'

Citation: Oregon State Police (published by Oregon OSHA, Department of Consumer and Business Services, as the attachment to its COVID-19 Q&A), Oregon State Police, Emergency Declaration Enforcement FAQ (Mar. 24, 2020): law-enforcement guidance on enforcement of Executive Order 20-12, 'Stay Home, Save Lives' (Ex. DUT-OR-010) Open the exhibit

Ex. DUT-OR-011

Oregon OSHA COVID-19 Workplace Advisory Memo (6.27b): Business/Employer Enforcement of the Oregon Health Authority 'Statewide Mask, Face Shield, Face Covering Guidance' (issued June 27, 2020; revised June 30, 2020)

Business/Employer Enforcement of the Oregon Health Authority 'Statewide Mask, Face Shield, Face Covering Guidance'

Oregon Occupational Safety and Health Division (Oregon OSHA), Department of Consumer and Business Services, Oregon (State)

Dates
Standing (2020-07-01 (with the statewide indoor face-covering requirement made mandatory by EO 20-27 para. 4 and the OHA guidance, Ex. OR-020, OR-025))
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Face-covering requirementWorkplace rulesOperating condition
Character
guidance incorporated
Grade
Primary source read

The State of Oregon recognizes the challenges created by the guidance that directs businesses and others responsible for indoor spaces to require employees, contractors, volunteers, customers and visitors to wear a mask, face shield, or face covering. In implementing the requirement..., Oregon OSHA expects a business or other responsible for indoor spaces to take the following measures

Enforcement: The OHA guidance was a public health law enforceable under ORS 431A.010 (civil penalty up to $500 a day) and ORS 401.990 (EO 20-27 para. 26, Ex. OR-020); Oregon OSHA enforced face-covering failures under the Safe Employment Act (DUT-OR-014) and, from Nov. 16, 2020, under OAR 437-001-0744(3)(b) (Ex. OR-032).

Citation: Oregon Occupational Safety and Health Division (Oregon OSHA), Department of Consumer and Business Services, Oregon OSHA COVID-19 Workplace Advisory Memo (6.27b): Business/Employer Enforcement of the Oregon Health Authority 'Statewide Mask, Face Shield, Face Covering Guidance' (issued June 27, 2020; revised June 30, 2020) (Ex. DUT-OR-011) Open the exhibit

Ex. DUT-OR-012

Oregon OSHA, Temporary Rule Addressing the COVID-19 Workplace Risks: Questions and Answers (originally issued Nov. 23, 2020; version of Nov. 23, 2020)

Temporary Rule Addressing The COVID-19 Workplace Risks: Questions and Answers

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

Dates
Standing (2020-11-23 (interpreting a rule effective Nov. 16, 2020))
Quarters
2020 Q42021 Q12021 Q2
Limitations
Face-covering requirementWorkplace rulesOperating condition
Character
agency position statement
Grade
Primary source read

The responses in this document represent Oregon OSHA's current position on issues involving the Temporary Rule addressing the COVID-19 Workplace Risks.... 1. To whom does the temporary rule apply? This temporary rule applies to all workplaces in Oregon subject to Oregon OSHA jurisdiction. The section on Exceptional Risk applies to those activities listed in subsection (1)(c) of the rule.

Enforcement: Citations and civil penalties under ORS 654.086 for violating OAR 437-001-0744 (Ex. OR-032; DUT-OR-014).

Citation: Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA, Temporary Rule Addressing the COVID-19 Workplace Risks: Questions and Answers (originally issued Nov. 23, 2020; version of Nov. 23, 2020) (Ex. DUT-OR-012) Open the exhibit

Ex. DUT-OR-013

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)

Employer Enforcement of Facial Covering Requirements in Relation to Customers, Clients, and Other Guests

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

Dates
Standing (2021-08-13 (with OAR 333-019-1025 and AO 10-2021))
Quarters
2021 Q3
Limitations
Face-covering requirementWorkplace rulesOperating condition
Character
agency position statement
Grade
Primary source read

The Oregon Health Authority has adopted OAR 333-019-1025, "Masking Requirements for Indoor Spaces." 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).

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) Open the exhibit

Ex. DUT-OR-014

Oregon OSHA, List of Oregon OSHA Citations Identified as Related to COVID-19 (June 2, 2021): the agency's account of its COVID-19 enforcement (complaints, inspections, citations and penalties) with the willful and serious citations listed by county and employer

List of Oregon OSHA Citations Identified as Related to COVID-19

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

Dates
Standing (record of enforcement from March 2020 through June 2, 2021)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureFace-covering requirementWorkplace rulesOther
Character
workplace duty
Grade
Primary source read

Since the beginning of the pandemic, Oregon OSHA has issued at least 159 citations to employers for violating requirements to protect workers from COVID-19. These are the result of roughly 600 formal COVID-19 enforcement actions, of which roughly 500 have been completed to date. They were largely, but not entirely, based on more than 24,500 COVID-19 related complaints received by the agency

Enforcement: As stated: serious violations $100-$4,200 against a $12,750 maximum; willful violations $8,900-$126,749 (ORS 654.086 as then adjusted).

Citation: Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA, List of Oregon OSHA Citations Identified as Related to COVID-19 (June 2, 2021): the agency's account of its COVID-19 enforcement (complaints, inspections, citations and penalties) with the willful and serious citations listed by county and employer (Ex. DUT-OR-014) Open the exhibit

Ex. DUT-OR-015

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)

Dates
Standing (2020-03-27)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureTelework mandateWorkplace rulesStanding duty
Character
enforcement record
Grade
Primary source read

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.

Enforcement: 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).

Citation: Oregon OSHA, Department of Consumer and Business Services, 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 (standing) (Ex. DUT-OR-015) Open the exhibit

Ex. DUT-OR-016

Along Came Trudy LLC v. Oregon Liquor and Cannabis Commission, 330 Or App 295, 543 P3d 751 (Jan. 24, 2024), rev den, 372 Or 588 (July 18, 2024) (A178679; OLCC21V003): judicial review affirming cancellation of a Lane County restaurant and event venue's liquor license for three violations of EO 20-66 (indoor dining while prohibited)

Along Came Trudy LLC, dba Along Came Trudy, Petitioner, v. Oregon Liquor and Cannabis Commission, Respondent

Oregon Court of Appeals (Kamins, J., with Tookey, P.J., and Egan, J.); review denied by the Oregon Supreme Court, Oregon (Court)

Dates
Standing (2024-01-24 (decision); the conduct adjudicated occurred under EO 20-66 in Lane County at Extreme Risk)
Quarters
2020 Q42021 Q1
Limitations
Business closureCapacity limitFace-covering requirementOther
Character
adjudication
Grade
Primary source read

It is undisputed that EO 20-66 was issued by the Governor under the authority of ORS 401.165 to 401.236. It therefore had the "full force and effect of law." EO 20-66 encompassed the Governor's directive to the OHA to provide guidance that, with the Governor's approval, would be incorporated into the executive order. Any procedural hurdle... cannot deprive the executive order of the full force

Enforcement: Cancellation of the liquor license affirmed (OAR 845-006-0345(15)); the court's holding confirms the ORS 431A.010 and 401.990 exposure recited in EO 20-66 para. 10.

Citation: Oregon Court of Appeals (Kamins, J., with Tookey, P.J., and Egan, J.); review denied by the Oregon Supreme Court, Along Came Trudy LLC v. Oregon Liquor and Cannabis Commission, 330 Or App 295, 543 P3d 751 (Jan. 24, 2024), rev den, 372 Or 588 (July 18, 2024) (A178679; OLCC21V003): judicial review affirming cancellation of a Lane County restaurant and event venue's liquor license for three violations of EO 20-66 (indoor dining while prohibited) (Ex. DUT-OR-016) Open the exhibit

Ex. DUT-OR-017

JGB Enterprises, LLC v. Oregon Liquor and Cannabis Commission, 325 Or App 326, 529 P3d 262 (Apr. 19, 2023) (A176066): judicial review affirming a default order suspending a Lane County saloon's liquor license for 38 days for violating EO 20-66 and OHA guidance 'that qualified as public health laws' during Extreme Risk (Jan. 4-Feb. 20, 2021)

JGB Enterprises, LLC, dba Twisted River Saloon, Petitioner, v. Oregon Liquor and Cannabis Commission, Respondent

Oregon Court of Appeals, Oregon (Court)

Dates
Standing (2023-04-19 (decision); the conduct adjudicated occurred Jan. 4-Feb. 20, 2021)
Quarters
2021 Q1
Limitations
Business closureCapacity limitFace-covering requirementOther
Character
adjudication
Grade
Primary source read

And the Governor may implement any action authorized by ORS 433.441 to 433.452.... That includes closing facilities, regulating goods and services, and controlling or limiting "entry into, exit from, movement within and the occupancy of premises in any public area subject to or threatened by a public health emergency," as reasonably necessary to respond to the emergency. ORS 433.441(3).

Enforcement: 38-day license suspension by default order affirmed; immediate suspension for 'a serious danger to public health and safety' (ORS 471.315; OAR 845-006-0345(15)-(16)).

Citation: Oregon Court of Appeals, JGB Enterprises, LLC v. Oregon Liquor and Cannabis Commission, 325 Or App 326, 529 P3d 262 (Apr. 19, 2023) (A176066): judicial review affirming a default order suspending a Lane County saloon's liquor license for 38 days for violating EO 20-66 and OHA guidance 'that qualified as public health laws' during Extreme Risk (Jan. 4-Feb. 20, 2021) (Ex. DUT-OR-017) Open the exhibit

Ex. DUT-OR-018

Central Pastime, LLC v. Oregon Liquor and Cannabis Commission, 342 Or App 391 (Aug. 6, 2025) (A180094; OLCCV024): judicial review affirming a 72-day liquor-license suspension for failing to require employees and customers to wear face coverings on Dec. 2, 2020 (OHA July 24, 2020 guidance) and Mar. 27, 2021 (EO 20-66)

In the Matter of the Full-On Premises Sales License Held By Central Pastime, LLC, dba Central Pastime, Petitioner, v. Oregon Liquor and Cannabis Commission, Respondent

Oregon Court of Appeals (Shorr, P.J., with Pagan, J., and O'Connor, J.), Oregon (Court)

Dates
Standing (2025-08-06 (decision); the conduct adjudicated occurred Dec. 2, 2020 and Mar. 27, 2021)
Quarters
2020 Q42021 Q1
Limitations
Face-covering requirementWorkplace rulesOther
Character
adjudication
Grade
Primary source read

The public health threat posed by the spread of COVID-19 provided the justification for requiring compliance with masking and physical distancing standards.... [quoting OLCC:] "Through liquor license inspections, OLCC staff have observed some licensees willfully ignore and fail to enforce OHA guidance.... This creates a serious and immediate danger to public health and safety"

Enforcement: 72-day license suspension affirmed (OAR 845-006-0345(15), (17)(a)).

Citation: Oregon Court of Appeals (Shorr, P.J., with Pagan, J., and O'Connor, J.), Central Pastime, LLC v. Oregon Liquor and Cannabis Commission, 342 Or App 391 (Aug. 6, 2025) (A180094; OLCCV024): judicial review affirming a 72-day liquor-license suspension for failing to require employees and customers to wear face coverings on Dec. 2, 2020 (OHA July 24, 2020 guidance) and Mar. 27, 2021 (EO 20-66) (Ex. DUT-OR-018) Open the exhibit

Ex. DUT-OR-019

Shahtout v. Emco Garbage Co., 298 Or 598, 695 P2d 897 (Feb. 12, 1985) (SC S30764): the standing Oregon rule on governmental safety requirements as the standard of care (negligence per se where the requirement is enacted by the legislature or promulgated under delegated authority for general public safety; a workplace safety rule protecting a class that includes the plaintiff is admissible and 'may' be taken into account by the trier of fact in deciding due care)

Shahtout, Petitioner on Review, v. Emco Garbage Company, Inc. et al, Respondents on Review

Supreme Court of Oregon, Oregon (Court)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing dutyOther
Character
adjudication
Grade
Primary source read

Omission of a required safeguard such as an audible "reverse signal alarm" on a vehicle would fall below a mandatory standard of care and thus establish "negligence per se" toward any victim if the requirement were enacted by the legislature or if authority to promulgate it for general public safety were delegated to the Motor Vehicles Division.

Enforcement: Civil liability in negligence (negligence per se where the requirement was enacted by the legislature or promulgated under delegated authority for general public safety; otherwise the requirement is evidence of the standard of due care).

Citation: Supreme Court of Oregon, Shahtout v. Emco Garbage Co., 298 Or 598, 695 P2d 897 (Feb. 12, 1985) (SC S30764): the standing Oregon rule on governmental safety requirements as the standard of care (negligence per se where the requirement is enacted by the legislature or promulgated under delegated authority for general public safety; a workplace safety rule protecting a class that includes the plaintiff is admissible and 'may' be taken into account by the trier of fact in deciding due care) (standing) (Ex. DUT-OR-019) Open the exhibit

Federal standing duties

Ex. DUT-FED-001

29 U.S.C. 654 (OSH Act § 5, the general duty clause)

Duties of employers and employees

Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
statutory duty
Grade
Primary source read

(a) Each employer-- (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this chapter. (b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this chapter which are applicable to his own actions and conduct.

Enforcement: 29 U.S.C. 666: civil penalties for serious, other-than-serious, willful and repeated violations (2020-2021 maxima $13,494 per serious violation and $134,937 per willful or repeated violation, 29 C.F.R. 1903.15(d)); willful violations causing death are criminal (29 U.S.C. 666(e)).

Citation: Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001) Open the exhibit

Ex. DUT-FED-002

29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)

Judicial review; discharge or discrimination against employee for exercise of rights

Congress (OSH Act § 11(c)), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
statutory duty
Grade
Primary source read

No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this chapter.

Enforcement: 29 U.S.C. 660(c)(2): Secretary's suit in district court for reinstatement with back pay and 'all appropriate relief'

Citation: Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002) Open the exhibit

Ex. DUT-FED-003

29 C.F.R. 1910.132 (personal protective equipment, general requirements)

General requirements (Subpart I, Personal Protective Equipment)

Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
regulatory duty
Grade
Primary source read

(a) Application. Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment... (d)(1) The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE).

Enforcement: 29 U.S.C. 666 (civil penalties per violation)

Citation: Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003) Open the exhibit

Ex. DUT-FED-004

29 C.F.R. 1910.134 (respiratory protection)

Respiratory protection

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rulesStanding duty
Character
regulatory duty
Grade
Primary source read

(a)(2) A respirator shall be provided to each employee when such equipment is necessary to protect the health of such employee. The employer shall provide the respirators which are applicable and suitable for the purpose intended. The employer shall be responsible for the establishment and maintenance of a respiratory protection program... (c)(1)... the employer to develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004) Open the exhibit

Ex. DUT-FED-005

29 C.F.R. 1910.141 (sanitation)

Sanitation (Subpart J)

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
regulatory duty
Grade
Primary source read

(a)(3)(i) All places of employment shall be kept clean to the extent that the nature of the work allows.... (d)(1) Washing facilities shall be maintained in a sanitary condition.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005) Open the exhibit

Ex. DUT-FED-006

29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39

Recording and Reporting Occupational Injuries and Illnesses

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
regulatory duty
Grade
Primary source read

§ 1904.39(a)(1): Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA)... (a)(2): Within twenty-four (24) hours after the in-patient hospitalization of one or more employees... as a result of a work-related incident, you must report the in-patient hospitalization... to OSHA.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006) Open the exhibit

Ex. DUT-FED-007

29 C.F.R. 1910.1030 (bloodborne pathogens)

Bloodborne pathogens

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rulesStanding duty
Character
regulatory duty
Grade
Primary source read

(c)(1)(i) Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure.... (d)(1) Universal precautions shall be observed to prevent contact with blood or other potentially infectious materials.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007) Open the exhibit

Ex. DUT-FED-008

29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)

Discrimination Against Employees Exercising Rights Under the Williams-Steiger Occupational Safety and Health Act of 1970

Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
regulatory duty
Grade
Primary source read

§ 1977.12(b)(2):... If the employee, with no reasonable alternative, refuses in good faith to expose himself to the dangerous condition, he would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger through resort to regular statutory enforcement channels.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008) Open the exhibit

Ex. DUT-FED-009

OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)

COVID-19 - Standards (OSHA Safety and Health Topics)

Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
agency position statement
Grade
Primary source read

The General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health (OSH) Act of 1970, 29 USC 654(a)(1), which requires employers to furnish to each worker 'employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.'... OSHA's Bloodborne Pathogens standard (29 CFR 1910.1030) applies to occupational exposure to human blood... Recordkeeping and Reporting Occupational Injuries and Illness (29 CFR 1904)... 1910.132, General requirements... 1910.134.

Enforcement: as the underlying provisions provide

Citation: Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009) Open the exhibit

Ex. DUT-FED-010

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), United States (Federal)

Dates
Standing (2021-01-29)
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of existing mandatory safety and health standards.... Employers should implement COVID-19 Prevention Programs in the workplace.... In addition, the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their workers with a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm.... employers still are required under the General Duty Clause, Section 5(a)(1) of the OSH Act, to...

Enforcement: none in the guidance; the general duty clause and standards it describes carry 29 U.S.C. 666 penalties

Citation: Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010) Open the exhibit

Ex. DUT-FED-011

Protecting Workers guidance, as updated August 13, 2021

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted January 29, 2021; updated June 10 and August 13, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2021-08-13)
Quarters
2021 Q3
Limitations
Face-covering requirementWorkplace rulesVaccination or testing
Character
agency guidance recommendation
Grade
Primary source read

Guidance posted January 29, 2021; Updated June 10, [2021]; Summary of changes August 13, 2021... [recommendations for workers who are unvaccinated or otherwise at-risk, and] new guidance involving workers who are fully vaccinated but [in areas of substantial or high transmission].

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011) Open the exhibit

Ex. DUT-FED-013

Guidance on Returning to Work (OSHA 4045, June 2020)

Guidance on Returning to Work

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2020-06)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Capacity limitFace-covering requirementWorkplace rules
Character
agency guidance recommendation
Grade
Primary source read

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of mandatory safety and health standards.... In addition, the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm.

Enforcement: as the general duty clause and standards provide

Citation: Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013) Open the exhibit

Ex. DUT-FED-015

Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)

OSHA Inspection Detail 1472736, Smithfield Packaged Meats Corp.

OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), United States (South Dakota) (Federal)

Dates
Standing (2020-09-09)
Quarters
2020 Q3
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 311611/Animal (except Poultry) Slaughtering... Inspection Type: Complaint... Initial Violations 1 [Serious]... Initial Penalty $13,494.

Enforcement: $13,494 proposed

Citation: OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015) Open the exhibit

Ex. DUT-FED-016

Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)

OSHA Inspection Detail 1475131, JBS Foods Inc.

OSHA, Denver Area Office (Inspection No. 1475131), United States (Colorado) (Federal)

Dates
Standing (2020-09-11)
Quarters
2020 Q3
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 311612/Meat Processed from Carcasses... Initial Penalty $13,494... $2,121... $15,615.

Enforcement: $15,615 proposed

Citation: OSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016) Open the exhibit

Ex. DUT-FED-017

Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)

OSHA Inspection Detail 1501560, Midwest Warehouse and Distribution

OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), United States (Illinois) (Federal)

Dates
Standing (2021-04-22)
Quarters
2021 Q2
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 493110/General Warehousing and Storage... Initial Penalty $12,288... Current Penalty $10,788.

Enforcement: $12,288 proposed; $10,788 assessed

Citation: OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017) Open the exhibit

Ex. DUT-FED-018

Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)

OSHA Inspection Detail 1505094, Somerset Dental Group

OSHA, Hartford Area Office (Inspection No. 1505094), United States (Connecticut) (Federal)

Dates
Standing (2021-04-15)
Quarters
2020 Q42021 Q2
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 621210/Offices of Dentists... Initial Penalty $3,979... Current Penalty $2,785.

Enforcement: $3,979 proposed; $2,785 assessed

Citation: OSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018) Open the exhibit

Ex. DUT-FED-019

Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)

OSHA Inspection Detail 1472908, Wintonbury Care Center

OSHA, Hartford Area Office (Inspection No. 1472908), United States (Connecticut) (Federal)

Dates
Standing (2020-10-09)
Quarters
2020 Q4
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 623110/Nursing Care Facilities (Skilled Nursing Facilities)... Initial Penalty $13,494... $1,928... $15,422.

Enforcement: $15,422 proposed

Citation: OSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019) Open the exhibit

Ex. DUT-FED-020

Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)

Common COVID-19 Citations

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2020-11-06)
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rules
Character
agency enforcement summary
Grade
Primary source read

.. complaints, referrals, or fatalities in industries such as: hospitals and healthcare, nursing homes and long term care settings, and meat/poultry processing facilities.... 1910.134(c)(1) The employer did not establish, implement, or update a written respiratory protection program with worksite-specific procedures.... 1904.39(a)(1) The employer did not report a fatality to OSHA within eight hours... 1910.132(d)(1) Note: these citations occurred in the healthcare sector...

Enforcement: as the standards provide

Citation: Occupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020) Open the exhibit

Ex. DUT-FED-021

Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)

OSHA Inspection Detail 1480762, Hackensack Meridian Health (Neptune)

OSHA, Avenel Area Office (Inspection No. 1480762), United States (New Jersey) (Federal)

Dates
Standing (2020-12-08)
Quarters
2020 Q4
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 622110/General Medical and Surgical Hospitals... 19100134 A02 12/08/2020... $13,494... 19040004 A 12/08/2020... $1,928.

Enforcement: $15,422 proposed

Citation: OSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021) Open the exhibit

Ex. DUT-FED-022

Citation, United States Postal Service, Washington, DC (general duty clause)

OSHA Inspection Detail 1522210, U.S. Postal Service

OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), United States (District of Columbia) (Federal)

Dates
Standing (2021-04-20)
Quarters
2021 Q2
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 491110/Postal Service... Initial Penalty... $11,704 [willful/repeat column]... $11,704.

Enforcement: $11,704 proposed

Citation: OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022) Open the exhibit

Ex. DUT-FED-023

42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)

§ 483.80 Infection control

Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rulesVaccination or testingStanding duty
Character
regulatory duty
Grade
Primary source read

(a)... The facility must establish and maintain an infection prevention and control program designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of communicable diseases and infections.... (g) COVID-19 reporting. The facility must-- (1) Electronically report information about COVID-19 in a standardized format specified by the Secretary.... (h) COVID-19 Testing. The LTC facility must test residents and facility staff, including individuals providing services under arrangement and volunteers, for COVID-19.

Enforcement: 42 C.F.R. part 488, subpart F: civil money penalties, denial of payment, termination; QSO-20-29-NH sets CMPs for reporting failures; QSO-20-38-NH sets enforcement for testing failures (Exs. FED-161, -168)

Citation: Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023) Open the exhibit

Ex. DUT-FED-024

42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)

§ 482.42 Condition of participation: Infection prevention and control and antibiotic stewardship programs

Centers for Medicare & Medicaid Services (hospital condition of participation), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rulesStanding duty
Character
regulatory duty
Grade
Primary source read

The hospital must have active hospital-wide programs for the surveillance, prevention, and control of HAIs and other infectious diseases, and for the optimization of antibiotic use through stewardship.

Enforcement: 42 C.F.R. 489.53: termination of the provider agreement; QSO-20-31 and -35 enforcement (Exs. FED-165, -166)

Citation: Centers for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024) Open the exhibit

Ex. DUT-FED-025

42 U.S.C. 247d-6d (PREP Act targeted liability protections)

Targeted liability protections for pandemic and epidemic products and security countermeasures

Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing dutyOther
Character
liability shield condition
Grade
Primary source read

(a)(1)... a covered person shall be immune from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure if a declaration under subsection (b) has been issued with respect to such countermeasure.... (3) Certain conditions. Subject to the other provisions of this section, immunity under paragraph (1) with respect to a covered countermeasure applies only if-- (A) the countermeasure was administered or used during the effective period of the declaration...; (B) the countermeasure was administered or used for the category or categories of diseases... specified in the declaration; and (C) in addition, in the case of a covered person who is a program planner or qualified person with respect to the administration or use of the…

Enforcement: loss of immunity when the conditions are not met

Citation: Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025) Open the exhibit

Ex. DUT-FED-026

Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020)

Advisory Opinion 20-04 on the PREP Act and the Secretary's Declaration

Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), United States (Federal)

Dates
Standing (2020-10-23 (interpretive; states the Department's reading))
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Other
Character
agency interpretation
Grade
Primary source read

In short, any individual or organization can potentially be a program planner and receive PREP Act coverage. So for example, private businesses, public and private transportation providers, public and private schools, and religious organizations are all eligible for PREP Act coverage when they act [in accordance with the Declaration]... a program planner can be a 'private sector employer or community group' that 'carries out the described activities.'... Such entities may also include businesses, schools, and places of worship.

Enforcement: loss of immunity when the Declaration's conditions are not met

Citation: Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026) Open the exhibit

Ex. DUT-FED-027

Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190

Fourth Amendment to the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration

Secretary of Health and Human Services (Alex M. Azar II), United States (Federal)

Dates
Standing (2020-12-03 (effective through Oct. 1, 2024 as then stated))
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Vaccination or testingOther
Character
liability shield condition
Grade
Primary source read

(g) Makes explicit in Section IX that there can be situations where not administering a covered countermeasure to a particular individual can fall within the PREP Act and this Declaration's liability protections.... liability protections for all Covered Countermeasures... used in accordance with the public health and medical response of the Authority Having Jurisdiction...

Enforcement: loss of immunity outside the Declaration's conditions

Citation: Secretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027) Open the exhibit

Ex. DUT-FED-029

Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

SAFO 20009: COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

Federal Aviation Administration, Flight Standards Service (with the CDC), United States (Federal)

Dates
Standing (2020-04-17)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementTravel and quarantineWorkplace rules
Character
agency guidance recommendation
Grade
Primary source read

A SAFO contains important safety information and may include recommended action. SAFO content should be especially valuable to air carriers in meeting their statutory duty to provide service with the highest possible degree of safety in the public interest.... Recommended Action: The FAA and CDC recommend and expect that all U.S.-based air carriers and crewmembers, all non-U.S.-based air carriers operating flights with a U.S. nexus, and all non-U.S.-based crewmembers on flights with a U.S. nexus implement and use their company-developed COVID-19 preparedness plans and procedures in conjunction with the FAA and CDC occupational health and safety guidance in the attached appendix...

Enforcement: none in the SAFO

Citation: Federal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029) Open the exhibit

Ex. DUT-FED-030

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates
Standing (2020-09-08)
Quarters
2020 Q32020 Q4
Limitations
Workplace rulesQuarantine and isolation
Character
agency guidance permissive
Grade
Primary source read

A.3. When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic? Generally, measuring an employee's body temperature is a medical examination. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees' body temperature.... an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace... An employer may require employees to wear protective gear (for example, masks and gloves) and observe infection control practices (for example, regular hand washing and social distancing protocols).

Enforcement: none; the document defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030) Open the exhibit

Ex. DUT-FED-031

42 U.S.C. 12113 (ADA defenses; direct threat)

Defenses

Congress (Americans with Disabilities Act § 103), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
statutory framework
Grade
Primary source read

(b) Qualification standards. The term 'qualification standards' may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace.

Enforcement: not applicable (a defense)

Citation: Congress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031) Open the exhibit

Ex. DUT-FED-032

29 C.F.R. 1630.2(r) (definition of direct threat)

§ 1630.2 Definitions

Equal Employment Opportunity Commission (regulation), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
regulatory framework
Grade
Primary source read

(r) Direct Threat means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a 'direct threat' shall be based on an individualized assessment... based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032) Open the exhibit

Ex. DUT-FED-033

29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)

§ 1630.15 Defenses

Equal Employment Opportunity Commission (regulation), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
regulatory framework
Grade
Primary source read

(b)(2) Direct threat as a qualification standard. The term 'qualification standard' may include a requirement that an individual shall not pose a direct threat to the health or safety of the individual or others in the workplace.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033) Open the exhibit

Ex. DUT-FED-034

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)

Centers for Disease Control and Prevention, United States (Federal)

Dates
Standing (2020-03-21)
Quarters
2020 Q2
Limitations
Workplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Below are changes as of March 21, 2020: Updated cleaning and disinfection guidance; Updated best practices for conducting social distancing; Updated strategies and recommendations that can be implemented now to respond to COVID-19.... Employers should plan to respond in a flexible way... Actively encourage sick employees to stay home... Employees who have symptoms... should notify their supervisor and stay home.... Separate sick employees... Support respiratory etiquette and hand hygiene for employees, customers, and worksite visitors... Perform routine environmental cleaning and disinfection.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034) Open the exhibit

Ex. DUT-FED-035

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020

Centers for Disease Control and Prevention, United States (Federal)

Dates
Standing (2020-05-06)
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Below are changes as of May 6, 2020: Updated strategies and recommendations for employers responding to COVID-19, including those seeking to resume normal or phased business operations: Conducting daily health checks; Conducting a hazard assessment of the workplace; Encouraging employees to wear cloth face coverings in the workplace, if appropriate; Implementing policies and practices for social distancing in the workplace; Improving the building ventilation system... personal protective equipment (PPE) that employers may use to help prevent the spread of COVID-19 in the workplace.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035) Open the exhibit

Ex. DUT-FED-037

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), United States (Federal)

Dates
Standing (2020-03-18)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantineWorkplace rulesSupply chain
Character
emergency relief with mandatory conditio
Grade
Primary source read

The President has declared a nationwide emergency pursuant to 42 U.S.C. § 5191(b)... Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as medical care) or essential supplies (such as food and fuel)... [a driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier's terminal or the driver's normal reporting location.

Enforcement: 49 U.S.C. 521(b) civil penalties for operating outside the relief's conditions

Citation: Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037) Open the exhibit

Ex. DUT-FED-060

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020)

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the COVID-19 Pandemic

Centers for Disease Control and Prevention, United States (Federal)

Dates
Standing (2020-07-15)
Quarters
2020 Q32020 Q4
Limitations
Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Updated July 15, 2020... Recommended routine infection prevention and control (IPC) practices during the COVID-19 pandemic: CDC recommends using additional infection prevention and control practices during the COVID-19 pandemic, along with standard practices recommended as a part of routine healthcare delivery to all patients.... Respirators with exhalation valves are not recommended for source control and should not be used during surgical procedures...

Enforcement: none in the guidance; CMS conditions of participation supply the sanction for participating providers

Citation: Centers for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060) Open the exhibit

Ex. DUT-FED-061

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates
Standing (2020-04-26)
Quarters
2020 Q22020 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolationSupply chain
Character
agency guidance recommendation
Grade
Primary source read

CDC's Critical Infrastructure Guidance advises that critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community. All meat and poultry processing facilities developing plans for continuing operations in the setting of COVID-19 occurring among workers or in the surrounding community should (1) work directly with appropriate state and local public health officials and occupational safety and health professionals; (2) incorporate relevant aspects of CDC guidance, including but not limited to this document and the CDC's Critical Infrastructure Guidance; and (3) incorporate guidance from other authoritative sources or regulatory bodies as needed.

Enforcement: none in the guidance; the general duty clause supplied the sanction

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061) Open the exhibit

Ex. DUT-FED-062

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (Updated July 9, 2020)

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates
Standing (2020-07-09)
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Updated July 9, 2020... critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic, have not had a positive test result for COVID-19, and additional precautions are implemented to protect them and the community.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062) Open the exhibit

Ex. DUT-FED-063

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020)

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19

Centers for Disease Control and Prevention, United States (Federal)

Dates
Standing (2020-04-08)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community.... Pre-Screen: Employers should measure the employee's temperature and assess symptoms prior to them starting work.... Wear a Mask: The employee should wear a face mask at all times while in the workplace for 14 days after last exposure.... Social Distance: The employee should maintain 6 feet and practice social distancing as work duties permit in the workplace.... Disinfect and Clean work spaces...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063) Open the exhibit

Ex. DUT-FED-064

Considerations for Restaurants and Bars (updated May 27, 2020)

Considerations for Restaurants and Bars

Centers for Disease Control and Prevention, United States (Federal)

Dates
Standing (2020-05-27)
Quarters
2020 Q22020 Q3
Limitations
Capacity limitFace-covering requirementWorkplace rules
Character
agency guidance recommendation
Grade
Primary source read

Updated May 27, 2020. As restaurants and bars resume operations in some areas of the United States, CDC offers the following considerations for ways in which operators can protect employees, customers, and communities and slow the spread of COVID-19. Restaurants and bars can determine, in collaboration with state and local health officials, whether and how to implement these considerations...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064) Open the exhibit

Ex. DUT-FED-065

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration, United States (Federal)

Dates
Standing (2020-03-13)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantineWorkplace rulesSupply chain
Character
emergency relief with mandatory conditio
Grade
Primary source read

an emergency exists that warrants an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations... for motor carriers and drivers providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks... Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts... [the driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return... Nothing contained in this Emergency Declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver's license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), the hazardous…

Enforcement: 49 U.S.C. 521(b)

Citation: Federal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065) Open the exhibit

Ex. DUT-FED-066

News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020)

U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic

Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rules
Character
agency position statement
Grade
Primary source read

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is reminding employers that it is illegal to retaliate against workers because they report unsafe and unhealthful working conditions during the coronavirus pandemic. Acts of retaliation can include terminations, demotions, denials of overtime or promotion, or reductions in pay or hours. 'Employees have the right to safe and healthy workplaces,' said Principal Deputy Assistant Secretary Loren Sweatt.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066) Open the exhibit

Ex. DUT-FED-067

News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)

U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations

Occupational Safety and Health Administration, national news release, United States (Federal)

Dates
Standing (2021-01-08)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

Since the start of the coronavirus pandemic through Dec. 31, 2020, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued citations arising from 300 inspections for violations relating to coronavirus, resulting in proposed penalties totaling $3,930,381. OSHA inspections have resulted in the agency citing employers for violations, including failures to: Implement a written respiratory protection program; Provide a medical evaluation, respirator fit test, training on the proper use of a respirator and personal protective equipment; Report an injury, illness or fatality; Record an injury or illness on OSHA recordkeeping forms; and Comply with the General Duty Clause of the Occupational Safety and Health Act of 1970.

Enforcement: as stated

Citation: Occupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067) Open the exhibit

Ex. DUT-FED-069

News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021)

US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19

Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), United States (Colorado) (Federal)

Dates
Standing (2021-10-01)
Quarters
2021 Q22021 Q3
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

A federal workplace health investigation found that an auto insurance company ignored coronavirus safety requirements and allowed others displaying symptoms to work at the same Denver location where an employee died with COVID-19.... [OSHA] initiated an investigation on April 21, 2021, and found Fred Loya Insurance Agency Inc. did not safely distance employees, failed to implement a health and safety plan and allowed symptomatic workers to remain on site. The company faces $23,406 in proposed penalties.

Enforcement: $23,406 proposed

Citation: Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069) Open the exhibit

Ex. DUT-FED-070

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated Dec. 16, 2020)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates
Standing (2020-12-16)
Quarters
2020 Q42021 Q12021 Q2
Limitations
Workplace rulesVaccination or testingQuarantine and isolation
Character
agency guidance permissive
Grade
Primary source read

Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take screening steps to determine if employees entering the workplace have COVID-19 because an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace and/or periodically to determine if their presence in the workplace poses a direct threat to others.... An employer may exclude those with COVID-19, or symptoms associated with COVID-19, from the workplace because, as EEOC has stated, their presence would pose a direct threat to the health or safety of others.

Enforcement: none; defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070) Open the exhibit

Ex. DUT-FED-071

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated May 28, 2021)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates
Standing (2021-05-28)
Quarters
2021 Q22021 Q3
Limitations
Workplace rulesVaccination or testingQuarantine and isolation
Character
agency guidance permissive
Grade
Primary source read

Updated on May 28, 2021.... K.1. Under the ADA, Title VII, and other federal employment nondiscrimination laws, may an employer require all employees physically entering the workplace to be vaccinated for COVID-19? (5/28/21) The federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to the reasonable accommodation provisions of Title VII and the ADA and other EEO considerations discussed below.

Enforcement: none

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071) Open the exhibit

Ex. DUT-FED-072

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (updated June 10, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2021-06-10)
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesVaccination or testing
Character
agency guidance recommendation
Grade
Primary source read

Unless otherwise required by federal, state, local, tribal, or territorial laws, rules, and regulations, most employers no longer need to take steps to protect their fully vaccinated workers who are not otherwise at-risk from COVID-19 exposure.... CDC advises that most fully vaccinated people can resume activities without wearing masks or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules and regulations, including local business and workplace guidance.

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072) Open the exhibit

Ex. DUT-FED-073

Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)

Decision and Order, OSHRC Docket No. 21-0432 (Liberty Tax Service, Lynn, Massachusetts)

Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, United States (Occupational Safety and Health Review Commission) (Court)

Dates
Standing (2022-06-06)
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementWorkplace rules
Character
adjudication
Grade
Primary source read

As a result of the inspection OSHA issued a Citation and Notification of Penalty (Citation) on April 8, 2021, for an alleged willful violation of section 5(a)(1) (general duty clause) of the OSH Act with a proposed penalty of $136,532. The Citation alleged Respondent had not protected its employees from the recognized hazard of SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), the virus that causes COVID-19.... For the reasons set forth below, the undersigned affirms the willful violation of the General Duty Clause and assesses a penalty of $95,500.... As set forth above, the Secretary has proved Respondent violated section 5(a)(1) of the Act... ORDER... Citation 1, Item 1, alleging a Willful violation of section 5 (a)(1) of the OSH Act is AFFIRMED and a penalty of $95,500 is ASSESSED.

Enforcement: $95,500 assessed (of $136,532 proposed)

Citation: Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073) Open the exhibit

6. Partial suspension, element by element, for this business

This section applies the five-step test of section 3 to a business in Oregon with the instruments this report found for the quarters selected and no others: the order; the function of the business it reached; the change it compelled, in its own words; the days of the quarter on which it was in force; and the statute's answer. Where the Library holds only federal-layer and standing-duty instruments for a quarter, the section says so and applies the test to those instruments.

Third quarter of 2021 (July 1, 2021 to Sept. 30, 2021)

Step one, the orders. In the third quarter of 2021 the Library holds 231 instruments in force for this selection: 18 instruments from the State of Oregon (Oregon Department of Transportation, Driver and Motor Vehicle Services (DMV), ODOT/DMV bulletin (June 29, 2021) (Ex. OR-057); Governor Kate Brown, Executive Order 20-03 (Mar. 8, 2020) (Ex. OR-001); Oregon Legislative Assembly, SB 278 (2021) 60-day eviction safe harbor; HB 4204 (2020) and HB 2009 (2021) mortgage foreclosure moratoria; HB 4212 (2020) deadline extensions and remote public meetings; SB 1801 (2020) cocktails to go (June 30, 2020) (Ex. OR-064); and 15 more), 6 instruments from the agencies, boards and authorities of Oregon (Oregon Liquor Control Commission, OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For Consumer Pickup and Delivery to Consumer (Mar. 20, 2020) (Ex. AGY-ST-ALCOHOL-092); Oregon OSHA, Administrative Order 1-2021, Administrative Order 1-2021, OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing (temporary rule) (Apr. 30, 2021) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053); Oregon OSHA, Administrative Order 4-2021, Administrative Order 4-2021, temporary amendments to OAR 437-004-1115 (COVID-19 Workplace Requirements for Employer-Provided Labor Housing) (June 30, 2021) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-054); and 3 more), 167 federal instruments (Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031); and 164 more) and 40 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 38 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: WF (Ex. AGY-ST-LABOR-WORKPLACE-020); WF workforce (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053); FP farm production (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053); LB labor housing (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053); HR (Ex. AGY-ST-LABOR-WORKPLACE-020); ML mortgage lending (Ex. OR-042); OP offices (Ex. OR-041); PF production floor (Ex. OR-041); SV servicing and foreclosure (Ex. OR-042); all functions (Ex. OR-001).

Step three, the change compelled. Oregon Liquor Control Commission, OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For Consumer Pickup and Delivery to Consumer (Mar. 20, 2020) (Ex. AGY-ST-ALCOHOL-092) ordered: "Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store - For Consumer Pickup and Delivery to Consumer... Container Type, Size & Volume Limitations for Consumer Pickup at the Premises for Consuming Off-Premises... Factory-sealed and must be listed product" Enforcement: ORS 471.315 (suspension, cancellation) Oregon OSHA, Administrative Order 1-2021, Administrative Order 1-2021, OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing (temporary rule) (Apr. 30, 2021) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053) ordered: "OAR 437-004-1115 - COVID-19 Workplace Requirements for Employer-Provided Labor Housing. Note: Unless otherwise indicated, the rule's provisions take effect April 30, 2021, and remain in effect until revised or repealed.... The Executive Order [20-58] expired on April 30, 2021. In order to extend…" Enforcement: ORS 654.071, 654.086 (Oregon OSHA citations and civil penalties) Oregon OSHA, Administrative Order 4-2021, Administrative Order 4-2021, temporary amendments to OAR 437-004-1115 (COVID-19 Workplace Requirements for Employer-Provided Labor Housing) (June 30, 2021) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-054) ordered: "Changes to Rules Addressing the COVID-19 Workplace Requirements for Employer-Provided Labor Housing. Temporary Rulemaking. Adopted Amendments. June 2021.... OAR 437-004-1115 - COVID-19 Workplace Requirements for Employer-Provided Labor Housing. Note: Unless otherwise indicated, the rule's provisions…" Enforcement: ORS 654.071, 654.086 The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from July 1, 2021 to Sept. 30, 2021, 92 days. OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For… (Ex. AGY-ST-ALCOHOL-092) was in force from Mar. 17, 2020 to Apr. 1, 2022, 92 of the quarter's 92 days; Administrative Order 1-2021, OAR 437-004-1115, COVID-19 Workplace Requirements for… (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053) was in force from Apr. 30, 2021 to Oct. 24, 2021, 92 of the quarter's 92 days; Administrative Order 4-2021, temporary amendments to OAR 437-004-1115 (COVID-19 Workplace… (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-054) was in force from June 30, 2021 to Oct. 24, 2021, 92 of the quarter's 92 days. Of the 24 instruments in the quarter's record, 10 were in force on its first day, 19 on its last day and 9 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the third quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

7. Exhibit list

Every instrument cited in this report, by exhibit identifier: 209 records, of which The COVID Project holds the document for 206. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

ExhibitInstrumentIssuerDateCitationRecord URLExhibit file
Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053Administrative Order 1-2021, OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing (temporary rule)Oregon OSHA, Administrative Order 1-2021Apr. 30, 2021Oregon OSHA, Administrative Order 1-2021, Administrative Order 1-2021, OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing (temporary rule) (Apr. 30, 2021) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053)/library/AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053/exhibit/AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053
Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-054Administrative Order 4-2021, temporary amendments to OAR 437-004-1115 (COVID-19 Workplace Requirements for Employer-Provided Labor Housing)Oregon OSHA, Administrative Order 4-2021June 30, 2021Oregon OSHA, Administrative Order 4-2021, Administrative Order 4-2021, temporary amendments to OAR 437-004-1115 (COVID-19 Workplace Requirements for Employer-Provided Labor Housing) (June 30, 2021) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-054)/library/AGY-ST-AGRICULTURE-PARKS-WILDLIFE-054/exhibit/AGY-ST-AGRICULTURE-PARKS-WILDLIFE-054
Ex. AGY-ST-ALCOHOL-092OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For Consumer Pickup and Delivery to ConsumerOregon Liquor Control CommissionMar. 20, 2020Oregon Liquor Control Commission, OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For Consumer Pickup and Delivery to Consumer (Mar. 20, 2020) (Ex. AGY-ST-ALCOHOL-092)/library/AGY-ST-ALCOHOL-092/exhibit/AGY-ST-ALCOHOL-092
Ex. AGY-ST-LABOR-WORKPLACE-019Oregon OSHA Administrative Order 1-2021 (permanent): OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing, text of adopted ruleOregon OSHAMay 4, 2021Oregon OSHA, Oregon OSHA Administrative Order 1-2021 (permanent): OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing, text of adopted rule (May 4, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-019)/library/AGY-ST-LABOR-WORKPLACE-019/exhibit/AGY-ST-LABOR-WORKPLACE-019
Ex. AGY-ST-LABOR-WORKPLACE-020Oregon OSHA Administrative Order 4-2021 (temporary): amendments to OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing…Oregon OSHAJune 30, 2021Oregon OSHA, Oregon OSHA Administrative Order 4-2021 (temporary): amendments to OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing, aligning with the Governor's June 30, 2021 lifting of general restrictions (Ex. AGY-ST-LABOR-WORKPLACE-020)/library/AGY-ST-LABOR-WORKPLACE-020/exhibit/AGY-ST-LABOR-WORKPLACE-020
Ex. AGY-ST-LABOR-WORKPLACE-021Oregon OSHA Administrative Order 12-2021 (temporary): Medical Removal Protection Benefits in OAR 437-001-0744, Rule Addressing COVID-19 Workplace Risks, and…Oregon OSHASept. 14, 2021Oregon OSHA, Oregon OSHA Administrative Order 12-2021 (temporary): Medical Removal Protection Benefits in OAR 437-001-0744, Rule Addressing COVID-19 Workplace Risks, and enforcement of OHA's OAR 333-019-1025 masking requirements for indoor and outdoor spaces (Sept. 14, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-021)/library/AGY-ST-LABOR-WORKPLACE-021/exhibit/AGY-ST-LABOR-WORKPLACE-021
Ex. DUT-FED-00129 U.S.C. 654 (OSH Act § 5, the general duty clause)Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593)standingCongress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001)/library/DUT-FED-001/exhibit/DUT-FED-001
Ex. DUT-FED-00229 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)Congress (OSH Act § 11(c))standingCongress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002)/library/DUT-FED-002/exhibit/DUT-FED-002
Ex. DUT-FED-00329 C.F.R. 1910.132 (personal protective equipment, general requirements)Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655)standingOccupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003)/library/DUT-FED-003/exhibit/DUT-FED-003
Ex. DUT-FED-00429 C.F.R. 1910.134 (respiratory protection)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004)/library/DUT-FED-004/exhibit/DUT-FED-004
Ex. DUT-FED-00529 C.F.R. 1910.141 (sanitation)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005)/library/DUT-FED-005/exhibit/DUT-FED-005
Ex. DUT-FED-00629 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006)/library/DUT-FED-006/exhibit/DUT-FED-006
Ex. DUT-FED-00729 C.F.R. 1910.1030 (bloodborne pathogens)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007)/library/DUT-FED-007/exhibit/DUT-FED-007
Ex. DUT-FED-00829 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c))standingOccupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008)/library/DUT-FED-008/exhibit/DUT-FED-008
Ex. DUT-FED-009OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards')standingOccupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009)/library/DUT-FED-009/exhibit/DUT-FED-009
Ex. DUT-FED-010Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a))standingOccupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010)/library/DUT-FED-010/exhibit/DUT-FED-010
Ex. DUT-FED-011Protecting Workers guidance, as updated August 13, 2021Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011)/library/DUT-FED-011/exhibit/DUT-FED-011
Ex. DUT-FED-013Guidance on Returning to Work (OSHA 4045, June 2020)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013)/library/DUT-FED-013/exhibit/DUT-FED-013
Ex. DUT-FED-015Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736)standingOSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015)/library/DUT-FED-015/exhibit/DUT-FED-015
Ex. DUT-FED-016Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)OSHA, Denver Area Office (Inspection No. 1475131)standingOSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016)/library/DUT-FED-016/exhibit/DUT-FED-016
Ex. DUT-FED-017Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560)standingOSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017)/library/DUT-FED-017/exhibit/DUT-FED-017
Ex. DUT-FED-018Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)OSHA, Hartford Area Office (Inspection No. 1505094)standingOSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018)/library/DUT-FED-018/exhibit/DUT-FED-018
Ex. DUT-FED-019Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)OSHA, Hartford Area Office (Inspection No. 1472908)standingOSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019)/library/DUT-FED-019/exhibit/DUT-FED-019
Ex. DUT-FED-020Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020)/library/DUT-FED-020/exhibit/DUT-FED-020
Ex. DUT-FED-021Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)OSHA, Avenel Area Office (Inspection No. 1480762)standingOSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021)/library/DUT-FED-021/exhibit/DUT-FED-021
Ex. DUT-FED-022Citation, United States Postal Service, Washington, DC (general duty clause)OSHA, Baltimore/Washington Area Office (Inspection No. 1522210)standingOSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022)/library/DUT-FED-022/exhibit/DUT-FED-022
Ex. DUT-FED-02342 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities)standingCenters for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023)/library/DUT-FED-023/exhibit/DUT-FED-023
Ex. DUT-FED-02442 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)Centers for Medicare & Medicaid Services (hospital condition of participation)standingCenters for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024)/library/DUT-FED-024/exhibit/DUT-FED-024
Ex. DUT-FED-02542 U.S.C. 247d-6d (PREP Act targeted liability protections)Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103)standingCongress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025)/library/DUT-FED-025/exhibit/DUT-FED-025
Ex. DUT-FED-026Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23…Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel)standingDepartment of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026)/library/DUT-FED-026/exhibit/DUT-FED-026
Ex. DUT-FED-027Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190Secretary of Health and Human Services (Alex M. Azar II)standingSecretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027)/library/DUT-FED-027/exhibit/DUT-FED-027
Ex. DUT-FED-029Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and CrewsFederal Aviation Administration, Flight Standards Service (with the CDC)standingFederal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029)/library/DUT-FED-029/exhibit/DUT-FED-029
Ex. DUT-FED-030What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)Equal Employment Opportunity Commission (technical assistance)standingEqual Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030)/library/DUT-FED-030/exhibit/DUT-FED-030
Ex. DUT-FED-03142 U.S.C. 12113 (ADA defenses; direct threat)Congress (Americans with Disabilities Act § 103)standingCongress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031)/library/DUT-FED-031/exhibit/DUT-FED-031
Ex. DUT-FED-03229 C.F.R. 1630.2(r) (definition of direct threat)Equal Employment Opportunity Commission (regulation)standingEqual Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032)/library/DUT-FED-032/exhibit/DUT-FED-032
Ex. DUT-FED-03329 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)Equal Employment Opportunity Commission (regulation)standingEqual Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033)/library/DUT-FED-033/exhibit/DUT-FED-033
Ex. DUT-FED-034Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034)/library/DUT-FED-034/exhibit/DUT-FED-034
Ex. DUT-FED-035Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035)/library/DUT-FED-035/exhibit/DUT-FED-035
Ex. DUT-FED-037Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator)standingFederal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037)/library/DUT-FED-037/exhibit/DUT-FED-037
Ex. DUT-FED-060Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15…Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060)/library/DUT-FED-060/exhibit/DUT-FED-060
Ex. DUT-FED-061Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)standingCenters for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061)/library/DUT-FED-061/exhibit/DUT-FED-061
Ex. DUT-FED-062Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)standingCenters for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062)/library/DUT-FED-062/exhibit/DUT-FED-062
Ex. DUT-FED-063Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed…Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063)/library/DUT-FED-063/exhibit/DUT-FED-063
Ex. DUT-FED-064Considerations for Restaurants and Bars (updated May 27, 2020)Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064)/library/DUT-FED-064/exhibit/DUT-FED-064
Ex. DUT-FED-065Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)Federal Motor Carrier Safety AdministrationstandingFederal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065)/library/DUT-FED-065/exhibit/DUT-FED-065
Ex. DUT-FED-066News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic…Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news releasestandingOccupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066)/library/DUT-FED-066/exhibit/DUT-FED-066
Ex. DUT-FED-067News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)Occupational Safety and Health Administration, national news releasestandingOccupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067)/library/DUT-FED-067/exhibit/DUT-FED-067
Ex. DUT-FED-069News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya…Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper)standingOccupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069)/library/DUT-FED-069/exhibit/DUT-FED-069
Ex. DUT-FED-070What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)Equal Employment Opportunity Commission (technical assistance)standingEqual Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070)/library/DUT-FED-070/exhibit/DUT-FED-070
Ex. DUT-FED-071What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)Equal Employment Opportunity Commission (technical assistance)standingEqual Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071)/library/DUT-FED-071/exhibit/DUT-FED-071
Ex. DUT-FED-072Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072)/library/DUT-FED-072/exhibit/DUT-FED-072
Ex. DUT-FED-073Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette RooneystandingOccupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073)/library/DUT-FED-073/exhibit/DUT-FED-073
Ex. DUT-OR-001Statute: ORS chapter 433 (Disease and Condition Control), Oregon's communicable-disease control act: reportable diseases, investigation and control measures…Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, oregonlegislature.gov, 2025 Edition)standingOregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, oregonlegislature.gov, 2025 Edition), Statute: ORS chapter 433 (Disease and Condition Control), Oregon's communicable-disease control act: reportable diseases, investigation and control measures (433.004, 433.006); prohibition on spreading disease (433.010); isolation and quarantine of persons and isolation of premises, with law-enforcement assistance (433.121-433.156); public health emergency powers of the Governor and the Public Health Director (433.441-433.452); penalties (433.990) (standing) (Ex. DUT-OR-001)/library/DUT-OR-001/exhibit/DUT-OR-001
Ex. DUT-OR-002Statute: ORS chapter 431A (Public Health Programs and Activities), sections 431A.005-431A.015: definitions of 'public health law' and 'public health measure'…Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2019 Edition, as captured by the Wayback Machine Oct. 17, 2020)standingOregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2019 Edition, as captured by the Wayback Machine Oct. 17, 2020), Statute: ORS chapter 431A (Public Health Programs and Activities), sections 431A.005-431A.015: definitions of 'public health law' and 'public health measure'; power of the Oregon Health Authority and local public health administrators to enforce public health laws, with civil penalties; public health actions of the Public Health Director (standing) (Ex. DUT-OR-002)/library/DUT-OR-002/exhibit/DUT-OR-002
Ex. DUT-OR-003Statute: ORS chapter 431 (State and Local Administration and Enforcement of Health Laws), sections 431.110, 431.150, 431.155, 431.157 and 431.413: the Oregon…Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition)standingOregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Statute: ORS chapter 431 (State and Local Administration and Enforcement of Health Laws), sections 431.110, 431.150, 431.155, 431.157 and 431.413: the Oregon Health Authority's supervision of 'all matters relating to the preservation of life and health,' its duty and the local public health administrators' duty to enforce every public health law, and their power to restrain violations by injunction (standing) (Ex. DUT-OR-003)/library/DUT-OR-003/exhibit/DUT-OR-003
Ex. DUT-OR-004Statute: ORS chapter 401 (Emergency Management and Services), the emergency-management act: declaration of a state of emergency (401.165); the Governor's police…Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition)standingOregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Statute: ORS chapter 401 (Emergency Management and Services), the emergency-management act: declaration of a state of emergency (401.165); the Governor's police powers (401.168); rules and orders on commodities, services, industrial plants, labor and child care (401.188); the force of law of emergency rules and orders (401.192); the offense of violating them (401.990) (standing) (Ex. DUT-OR-004)/library/DUT-OR-004/exhibit/DUT-OR-004
Ex. DUT-OR-005Statute: ORS chapter 654, the Oregon Safe Employment Act: the employer's duty to furnish a safe and healthful place of employment and to do 'every other thing…Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition)standingOregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Statute: ORS chapter 654, the Oregon Safe Employment Act: the employer's duty to furnish a safe and healthful place of employment and to do 'every other thing reasonably necessary' (654.010); prohibition of unsafe or unhealthy places of employment (654.015); duty of every employer, owner, employee and other person to comply with every safety and health order, standard and rule (654.022); the Director's jurisdiction over every place of employment (654.025); civil penalties (654.086); criminal penalties (654.991) (standing) (Ex. DUT-OR-005)/library/DUT-OR-005/exhibit/DUT-OR-005
Ex. DUT-OR-006Administrative rule: OAR 333-019-0010, Disease Related School, Child Care, and Worksite Restrictions: Imposition of Restrictions (COVID-19 added to the…Oregon Health Authority, Public Health Division (rule filed with the Secretary of State; official Oregon Administrative Rules Database text)standingOregon Health Authority, Public Health Division (rule filed with the Secretary of State; official Oregon Administrative Rules Database text), 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) (standing) (Ex. DUT-OR-006)/library/DUT-OR-006/exhibit/DUT-OR-006
Ex. DUT-OR-007Statute: ORS chapter 624 (Food Service Facilities), the sanitary code for restaurants: OHA's duty to make sanitation rules (624.041); license suspension…Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition)standingOregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Statute: ORS chapter 624 (Food Service Facilities), the sanitary code for restaurants: OHA's duty to make sanitation rules (624.041); license suspension, closure for imminent danger (624.073); diseased persons may not work and may not be employed, and the manager's duty to notify OHA (624.080); summary closure (624.096); criminal and civil penalties (624.990, 624.992) (standing) (Ex. DUT-OR-007)/library/DUT-OR-007/exhibit/DUT-OR-007
Ex. DUT-OR-008Enrolled House Bill 4402 (HB 4402-A), Or. Laws 2020 (3d Spec. Sess.), ch. 4: limitation of liability of schools for COVID-19 infection claims, conditioned on…Oregon Legislative Assembly (80th Legislative Assembly, 2020 Third Special Session); approved by Governor Kate Brown Dec. 23, 2020standingOregon Legislative Assembly (80th Legislative Assembly, 2020 Third Special Session); approved by Governor Kate Brown Dec. 23, 2020, Enrolled House Bill 4402 (HB 4402-A), Or. Laws 2020 (3d Spec. Sess.), ch. 4: limitation of liability of schools for COVID-19 infection claims, conditioned on compliance with 'COVID-19 emergency rules'; anti-retaliation amendments to ORS 659A.200 and 659A.203 (Dec. 23, 2020) (Ex. DUT-OR-008)/library/DUT-OR-008/exhibit/DUT-OR-008
Ex. DUT-OR-009House Bill 2638 (2021 Regular Session), Introduced: limitation of liability for acts or omissions taken during the COVID-19 emergency period 'in reasonable…Representatives Drazan and Gomberg (chief sponsors) and Representatives Bonham, Boshart Davis, Breese-Iverson, Moore-Green, Nearman, Owens, Post and Smith G; Oregon House of Representatives, 2021 Regular Session (81st Legislative Assembly)standingRepresentatives Drazan and Gomberg (chief sponsors) and Representatives Bonham, Boshart Davis, Breese-Iverson, Moore-Green, Nearman, Owens, Post and Smith G; Oregon House of Representatives, 2021 Regular Session (81st Legislative Assembly), House Bill 2638 (2021 Regular Session), Introduced: limitation of liability for acts or omissions taken during the COVID-19 emergency period 'in reasonable compliance with guidance' (not enacted; died in committee) (Jan. 11, 2021) (Ex. DUT-OR-009)/library/DUT-OR-009/exhibit/DUT-OR-009
Ex. DUT-OR-010Oregon State Police, Emergency Declaration Enforcement FAQ (Mar. 24, 2020): law-enforcement guidance on enforcement of Executive Order 20-12, 'Stay Home, Save…Oregon State Police (published by Oregon OSHA, Department of Consumer and Business Services, as the attachment to its COVID-19 Q&A)standingOregon State Police (published by Oregon OSHA, Department of Consumer and Business Services, as the attachment to its COVID-19 Q&A), Oregon State Police, Emergency Declaration Enforcement FAQ (Mar. 24, 2020): law-enforcement guidance on enforcement of Executive Order 20-12, 'Stay Home, Save Lives' (Ex. DUT-OR-010)/library/DUT-OR-010/exhibit/DUT-OR-010
Ex. DUT-OR-011Oregon OSHA COVID-19 Workplace Advisory Memo (6.27b): Business/Employer Enforcement of the Oregon Health Authority 'Statewide Mask, Face Shield, Face Covering…Oregon Occupational Safety and Health Division (Oregon OSHA), Department of Consumer and Business ServicesstandingOregon Occupational Safety and Health Division (Oregon OSHA), Department of Consumer and Business Services, Oregon OSHA COVID-19 Workplace Advisory Memo (6.27b): Business/Employer Enforcement of the Oregon Health Authority 'Statewide Mask, Face Shield, Face Covering Guidance' (issued June 27, 2020; revised June 30, 2020) (Ex. DUT-OR-011)/library/DUT-OR-011/exhibit/DUT-OR-011
Ex. DUT-OR-012Oregon OSHA, Temporary Rule Addressing the COVID-19 Workplace Risks: Questions and Answers (originally issued Nov. 23, 2020; version of Nov. 23, 2020)Oregon OSHA, Department of Consumer and Business ServicesstandingOregon OSHA, Department of Consumer and Business Services, Oregon OSHA, Temporary Rule Addressing the COVID-19 Workplace Risks: Questions and Answers (originally issued Nov. 23, 2020; version of Nov. 23, 2020) (Ex. DUT-OR-012)/library/DUT-OR-012/exhibit/DUT-OR-012
Ex. DUT-OR-013Oregon OSHA Workplace Advisory Memo 8.13.21: Employer Enforcement of Facial Covering Requirements in Relation to Customers, Clients, and Other Guests (Aug. 13…Oregon OSHA, Department of Consumer and Business ServicesstandingOregon 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)/library/DUT-OR-013/exhibit/DUT-OR-013
Ex. DUT-OR-014Oregon OSHA, List of Oregon OSHA Citations Identified as Related to COVID-19 (June 2, 2021): the agency's account of its COVID-19 enforcement (complaints…Oregon OSHA, Department of Consumer and Business ServicesstandingOregon OSHA, Department of Consumer and Business Services, Oregon OSHA, List of Oregon OSHA Citations Identified as Related to COVID-19 (June 2, 2021): the agency's account of its COVID-19 enforcement (complaints, inspections, citations and penalties) with the willful and serious citations listed by county and employer (Ex. DUT-OR-014)/library/DUT-OR-014/exhibit/DUT-OR-014
Ex. DUT-OR-015Oregon OSHA, Questions and Answers Regarding the Oregon Occupational Safety and Health Division's (Oregon OSHA) Education and Enforcement of Issues Related to…Oregon OSHA, Department of Consumer and Business ServicesstandingOregon OSHA, Department of Consumer and Business Services, 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 (standing) (Ex. DUT-OR-015)/library/DUT-OR-015/exhibit/DUT-OR-015
Ex. DUT-OR-016Along Came Trudy LLC v. Oregon Liquor and Cannabis Commission, 330 Or App 295, 543 P3d 751 (Jan. 24, 2024), rev den, 372 Or 588 (July 18, 2024) (A178679…Oregon Court of Appeals (Kamins, J., with Tookey, P.J., and Egan, J.); review denied by the Oregon Supreme CourtstandingOregon Court of Appeals (Kamins, J., with Tookey, P.J., and Egan, J.); review denied by the Oregon Supreme Court, Along Came Trudy LLC v. Oregon Liquor and Cannabis Commission, 330 Or App 295, 543 P3d 751 (Jan. 24, 2024), rev den, 372 Or 588 (July 18, 2024) (A178679; OLCC21V003): judicial review affirming cancellation of a Lane County restaurant and event venue's liquor license for three violations of EO 20-66 (indoor dining while prohibited) (Ex. DUT-OR-016)/library/DUT-OR-016/exhibit/DUT-OR-016
Ex. DUT-OR-017JGB Enterprises, LLC v. Oregon Liquor and Cannabis Commission, 325 Or App 326, 529 P3d 262 (Apr. 19, 2023) (A176066): judicial review affirming a default order…Oregon Court of AppealsstandingOregon Court of Appeals, JGB Enterprises, LLC v. Oregon Liquor and Cannabis Commission, 325 Or App 326, 529 P3d 262 (Apr. 19, 2023) (A176066): judicial review affirming a default order suspending a Lane County saloon's liquor license for 38 days for violating EO 20-66 and OHA guidance 'that qualified as public health laws' during Extreme Risk (Jan. 4-Feb. 20, 2021) (Ex. DUT-OR-017)/library/DUT-OR-017/exhibit/DUT-OR-017
Ex. DUT-OR-018Central Pastime, LLC v. Oregon Liquor and Cannabis Commission, 342 Or App 391 (Aug. 6, 2025) (A180094; OLCCV024): judicial review affirming a 72-day…Oregon Court of Appeals (Shorr, P.J., with Pagan, J., and O'Connor, J.)standingOregon Court of Appeals (Shorr, P.J., with Pagan, J., and O'Connor, J.), Central Pastime, LLC v. Oregon Liquor and Cannabis Commission, 342 Or App 391 (Aug. 6, 2025) (A180094; OLCCV024): judicial review affirming a 72-day liquor-license suspension for failing to require employees and customers to wear face coverings on Dec. 2, 2020 (OHA July 24, 2020 guidance) and Mar. 27, 2021 (EO 20-66) (Ex. DUT-OR-018)/library/DUT-OR-018/exhibit/DUT-OR-018
Ex. DUT-OR-019Shahtout v. Emco Garbage Co., 298 Or 598, 695 P2d 897 (Feb. 12, 1985) (SC S30764): the standing Oregon rule on governmental safety requirements as the standard…Supreme Court of OregonstandingSupreme Court of Oregon, Shahtout v. Emco Garbage Co., 298 Or 598, 695 P2d 897 (Feb. 12, 1985) (SC S30764): the standing Oregon rule on governmental safety requirements as the standard of care (negligence per se where the requirement is enacted by the legislature or promulgated under delegated authority for general public safety; a workplace safety rule protecting a class that includes the plaintiff is admissible and 'may' be taken into account by the trier of fact in deciding due care) (standing) (Ex. DUT-OR-019)/library/DUT-OR-019/exhibit/DUT-OR-019
Ex. FED-001Proclamation 9994President Donald J. TrumpMar. 13, 2020President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)/library/FED-001/exhibit/FED-001
Ex. FED-006Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)Mar. 13, 2020President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)/library/FED-006/exhibit/FED-006
Ex. FED-007Memorandum of January 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)Jan. 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)/library/FED-007/exhibit/FED-007
Ex. FED-008Memorandum of February 2, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)Feb. 2, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)/library/FED-008/exhibit/FED-008
Ex. FED-009Memorandum of August 17, 2021President Joseph R. Biden, Jr.Aug. 17, 2021President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)/library/FED-009/exhibit/FED-009
Ex. FED-010Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel CoronavirusAlex M. Azar II, Secretary of Health and Human ServicesJan. 31, 2020Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)/library/FED-010/exhibit/FED-010
Ex. FED-015Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)Xavier Becerra, Secretary of HHSApr. 15, 2021Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)/library/FED-015/exhibit/FED-015
Ex. FED-016Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)Xavier Becerra, Secretary of HHSJuly 19, 2021Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)/library/FED-016/exhibit/FED-016
Ex. FED-020CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)Jan. 29, 2021Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)/library/FED-020/exhibit/FED-020
Ex. FED-025CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)Centers for Disease Control and Prevention, HHSJune 24, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)/library/FED-025/exhibit/FED-025
Ex. FED-026CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19Centers for Disease Control and Prevention, HHSAug. 3, 2021Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)/library/FED-026/exhibit/FED-026
Ex. FED-031CDC Framework for Conditional Sailing OrderCenters for Disease Control and Prevention, HHSOct. 30, 2020Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)/library/FED-031/exhibit/FED-031
Ex. FED-032Notice: Conditional Sailing Order Technical Instructions and Operations ManualCenters for Disease Control and Prevention, HHSMay 5, 2021Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)/library/FED-032/exhibit/FED-032
Ex. FED-034CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')Centers for Disease Control and Prevention, HHS (CDC Director)Mar. 20, 2020Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)/library/FED-034/exhibit/FED-034
Ex. FED-037CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)Centers for Disease Control and Prevention, HHSOct. 13, 2020Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)/library/FED-037/exhibit/FED-037
Ex. FED-038Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)Centers for Disease Control and Prevention, HHSAug. 2, 2021Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)/library/FED-038/exhibit/FED-038
Ex. FED-042CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)Jan. 25, 2021Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)/library/FED-042/exhibit/FED-042
Ex. FED-051Security Directive SD 1582/84-21-01A, Security Measures - Mask RequirementsTransportation Security Administration, DHSApr. 30, 2021Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)/library/FED-051/exhibit/FED-051
Ex. FED-052Security Directive SD 1582/84-21-01B, Security Measures - Mask RequirementsTransportation Security Administration, DHSAug. 20, 2021Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)/library/FED-052/exhibit/FED-052
Ex. FED-053TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…Transportation Security Administration, DHSJan. 31, 2021Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)/library/FED-053/exhibit/FED-053
Ex. FED-056Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight BoardApr. 20, 2021Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)/library/FED-056/exhibit/FED-056
Ex. FED-057Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)Acting Secretary of Homeland Security David P. PekoskeJan. 27, 2021Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)/library/FED-057/exhibit/FED-057
Ex. FED-060Executive Order 13991President Joseph R. Biden, Jr.Jan. 20, 2021President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)/library/FED-060/exhibit/FED-060
Ex. FED-062Executive Order 13999President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)/library/FED-062/exhibit/FED-062
Ex. FED-063Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)/library/FED-063/exhibit/FED-063
Ex. FED-064Executive Order 14043President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)/library/FED-064/exhibit/FED-064
Ex. FED-070Executive Order 13909President Donald J. TrumpMar. 18, 2020President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)/library/FED-070/exhibit/FED-070
Ex. FED-071Executive Order 13910President Donald J. TrumpMar. 23, 2020President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)/library/FED-071/exhibit/FED-071
Ex. FED-074Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention MeasuresSecretary of Health and Human ServicesMar. 25, 2020Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)/library/FED-074/exhibit/FED-074
Ex. FED-080Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)Occupational Safety and Health Administration, U.S. Department of LaborJune 21, 2021Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)/library/FED-080/exhibit/FED-080
Ex. FED-081DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)OSHA, Directorate of Enforcement ProgramsJune 28, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)/library/FED-081/exhibit/FED-081
Ex. FED-082DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)OSHA, Directorate of Enforcement ProgramsMar. 12, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)/library/FED-082/exhibit/FED-082
Ex. FED-083DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)OSHA, Directorate of Enforcement ProgramsJuly 7, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)/library/FED-083/exhibit/FED-083
Ex. FED-084Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)OSHA (memorandum for Regional Administrators and State Plan Designees)July 7, 2021OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)/library/FED-084/exhibit/FED-084
Ex. FED-090CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…Centers for Medicare & Medicaid Services, HHSMar. 30, 2020Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)/library/FED-090/exhibit/FED-090
Ex. FED-094CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCenters for Medicare & Medicaid Services, HHSMay 13, 2021Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)/library/FED-094/exhibit/FED-094
Ex. FED-096CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight GroupMar. 4, 2020CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)/library/FED-096/exhibit/FED-096
Ex. FED-098QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)CMS, Quality, Safety & Oversight GroupMar. 10, 2020CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)/library/FED-098/exhibit/FED-098
Ex. FED-099CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupMar. 23, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)/library/FED-099/exhibit/FED-099
Ex. FED-100FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 29, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)/library/FED-100/exhibit/FED-100
Ex. FED-104FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 22, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)/library/FED-104/exhibit/FED-104
Ex. FED-109FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109)/library/FED-109/exhibit/FED-109
Ex. FED-113FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 26, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic) (Mar. 26, 2020) (Ex. FED-113)/library/FED-113/exhibit/FED-113
Ex. FED-115FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 23, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115)/library/FED-115/exhibit/FED-115
Ex. FED-118FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 24, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118)/library/FED-118/exhibit/FED-118
Ex. FED-130FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-130)/library/FED-130/exhibit/FED-130
Ex. FED-132FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 20, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)/library/FED-132/exhibit/FED-132
Ex. FED-133FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-133)/library/FED-133/exhibit/FED-133
Ex. FED-143FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-143)/library/FED-143/exhibit/FED-143
Ex. FED-147FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 22, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)/library/FED-147/exhibit/FED-147
Ex. FED-150FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Apr. 11, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic) (Apr. 11, 2020) (Ex. FED-150)/library/FED-150/exhibit/FED-150
Ex. FED-156QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)CMS, Quality, Safety & Oversight GroupApr. 27, 2021CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)/library/FED-156/exhibit/FED-156
Ex. FED-160COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)Centers for Medicare & Medicaid Services, HHSMar. 13, 2020Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)/library/FED-160/exhibit/FED-160
Ex. FED-161QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reportingCMS, Quality, Safety & Oversight GroupMay 6, 2020CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)/library/FED-161/exhibit/FED-161
Ex. FED-163CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCMS, Quality, Safety & Oversight GroupMay 11, 2021CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)/library/FED-163/exhibit/FED-163
Ex. FED-165CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupJune 1, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)/library/FED-165/exhibit/FED-165
Ex. FED-166CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupAug. 17, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)/library/FED-166/exhibit/FED-166
Ex. FED-168CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…CMS, Quality, Safety & Oversight GroupAug. 26, 2020CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)/library/FED-168/exhibit/FED-168
Ex. FED-180Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)Secretary of Health and Human ServicesMar. 10, 2020Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)/library/FED-180/exhibit/FED-180
Ex. FED-181Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for…Secretary of Health and Human ServicesFeb. 4, 2020Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)/library/FED-181/exhibit/FED-181
Ex. FED-182Emergency Use Declaration: personal respiratory protective devicesSecretary of Health and Human ServicesMar. 2, 2020Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)/library/FED-182/exhibit/FED-182
Ex. FED-183Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devicesSecretary of Health and Human ServicesMar. 24, 2020Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)/library/FED-183/exhibit/FED-183
Ex. FED-184Emergency Use Authorization Declaration: drugs and biological productsSecretary of Health and Human ServicesMar. 27, 2020Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)/library/FED-184/exhibit/FED-184
Ex. FED-194Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health EmergencyHHS Office for Civil RightsMar. 17, 2020HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)/library/FED-194/exhibit/FED-194
Ex. FED-200Proclamation 9984President Donald J. TrumpJan. 31, 2020President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)/library/FED-200/exhibit/FED-200
Ex. FED-201Proclamation 9992President Donald J. TrumpFeb. 29, 2020President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)/library/FED-201/exhibit/FED-201
Ex. FED-207Proclamation 10143President Joseph R. Biden, Jr.Jan. 25, 2021President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)/library/FED-207/exhibit/FED-207
Ex. FED-208Proclamation 10199President Joseph R. Biden, Jr.Apr. 30, 2021President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)/library/FED-208/exhibit/FED-208
Ex. FED-209Proclamation 10294President Joseph R. Biden, Jr.Oct. 25, 2021President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)/library/FED-209/exhibit/FED-209
Ex. FED-232Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)/library/FED-232/exhibit/FED-232
Ex. FED-235Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)/library/FED-235/exhibit/FED-235
Ex. FED-255Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)/library/FED-255/exhibit/FED-255
Ex. FED-258Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)/library/FED-258/exhibit/FED-258
Ex. FED-270Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task ForceJan. 24, 2021Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)/library/FED-270/exhibit/FED-270
Ex. FED-271OMB Memorandum M-21-25Office of Management and Budget, Office of Personnel Management and General Services AdministrationJune 10, 2021Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)/library/FED-271/exhibit/FED-271
Ex. FED-272COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masksSafer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMBJuly 29, 2021Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272)/library/FED-272/exhibit/FED-272
Ex. FED-274Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…Safer Federal Workforce Task Force; approved by the Director of OMBSept. 24, 2021Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274)/library/FED-274/exhibit/FED-274
Ex. FED-275Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)Office of Management and Budget (Acting Director Shalanda D. Young)Sept. 24, 2021Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275)/library/FED-275/exhibit/FED-275
Ex. FED-278Certification of Vaccination form (employees, onsite contractors and visitors), August 2021Safer Federal Workforce Task Force (OMB control number 3206-0277)Aug. 6, 2021Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278)/library/FED-278/exhibit/FED-278
Ex. FED-280Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel RestrictionsSecretary of Defense Lloyd J. Austin IIIMar. 15, 2021Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)/library/FED-280/exhibit/FED-280
Ex. FED-285Order of the Chief Judge No. 20-078Chief Judge Philip S. GutierrezJune 1, 2020Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)/library/FED-285/exhibit/FED-285
Ex. FED-290Press release of March 12, 2020 (Building closed to the public)Supreme Court of the United States (Public Information Office)Mar. 12, 2020Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)/library/FED-290
Ex. FED-292Order of March 19, 2020, 589 U.S. (Order List)Supreme Court of the United StatesMar. 19, 2020Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)/library/FED-292/exhibit/FED-292
Ex. FED-297Amended General Order 21-0006 (May 26, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)May 26, 2021Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)/library/FED-297/exhibit/FED-297
Ex. FED-298Amended General Order 21-0006 (Sept. 15, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)Sept. 15, 2021Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298)/library/FED-298/exhibit/FED-298
Ex. FED-299Third Amended Order Concerning Face Masks/Coverings in Public Areas of CourthousesChief Judge Rebecca R. PallmeyerJuly 30, 2021Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299)/library/FED-299/exhibit/FED-299
Ex. FED-300General Order 21-0033Executive Committee and Restart Task Force of the Court (unanimous vote)Sept. 20, 2021Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300)/library/FED-300/exhibit/FED-300
Ex. FED-301Fifth Amended General Order 20-0022Chief Judge Rebecca R. PallmeyerJune 21, 2021Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)/library/FED-301/exhibit/FED-301
Ex. FED-302Standing Order 20-13Chief Judge Freda L. WolfsonMay 22, 2020Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)/library/FED-302/exhibit/FED-302
Ex. FED-306Standing Order 21-04Chief Judge Freda L. WolfsonMar. 11, 2021Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)/library/FED-306/exhibit/FED-306
Ex. FED-307Updated Amended Standing Order 21-04Chief Judge Freda L. WolfsonSept. 3, 2021Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)/library/FED-307/exhibit/FED-307
Ex. FED-308Standing Order 21-08Chief Judge Freda L. WolfsonSept. 13, 2021Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)/library/FED-308/exhibit/FED-308
Ex. FED-311Standing Order 2020-04Chief Judge James K. BredarMar. 16, 2020Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)/library/FED-311/exhibit/FED-311
Ex. FED-313Amended Standing Order 2021-07Chief Judge James K. BredarJune 23, 2021Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)/library/FED-313/exhibit/FED-313
Ex. FED-337General Order 78Chief Judge Richard SeeborgJune 23, 2021Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)/library/FED-337/exhibit/FED-337
Ex. FED-340CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video…Congress (Pub. L. 116-136, signed Mar. 27, 2020)Mar. 27, 2020Congress (Pub. L. 116-136, signed Mar. 27, 2020), CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings) (Mar. 27, 2020) (Ex. FED-340)/library/FED-340/exhibit/FED-340
Ex. FED-342Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020…Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank SupervisorsApr. 7, 2020Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors, Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020; original Mar. 22, 2020) (Ex. FED-342)/library/FED-342/exhibit/FED-342
Ex. FED-344Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg.…Bureau of Consumer Financial ProtectionJune 25, 2021Bureau of Consumer Financial Protection, Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021) (June 25, 2021) (Ex. FED-344)/library/FED-344/exhibit/FED-344
Ex. FED-345Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020)President Donald J. Trump (Memorandum for the Secretary of Education)Aug. 8, 2020President Donald J. Trump (Memorandum for the Secretary of Education), Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020) (Aug. 8, 2020) (Ex. FED-345)/library/FED-345/exhibit/FED-345
Ex. FED-354FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)Federal Housing Finance AgencyJune 24, 2021Federal Housing Finance Agency, FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021) (Ex. FED-354)/library/FED-354/exhibit/FED-354
Ex. FED-355FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)July 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date), FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021 (Ex. FED-355)/library/FED-355/exhibit/FED-355
Ex. FED-364Mortgagee Letter 2021-15HUD, Federal Housing AdministrationJune 25, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)/library/FED-364/exhibit/FED-364
Ex. FED-365Mortgagee Letter 2021-18HUD, Federal Housing AdministrationJuly 23, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)/library/FED-365/exhibit/FED-365
Ex. FED-378Circular 26-21-10VA, Loan Guaranty ServiceJune 25, 2021VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)/library/FED-378/exhibit/FED-378
Ex. FED-379Circular 26-21-14VA, Loan Guaranty ServiceJuly 30, 2021VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)/library/FED-379/exhibit/FED-379
Ex. FED-380Circular 26-21-20VA, Loan Guaranty ServiceSept. 29, 2021VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)/library/FED-380/exhibit/FED-380
Ex. FED-384USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021…USDA Rural Development (with the White House announcement of June 24, 2021)June 24, 2021USDA Rural Development (with the White House announcement of June 24, 2021), USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021; forbearance enrollment to Sept. 30, 2021) (June 24, 2021) (Ex. FED-384)/library/FED-384
Ex. FED-385USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021)USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021)July 30, 2021USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021), USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021) (Ex. FED-385)/library/FED-385/exhibit/FED-385
Ex. FED-398H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health…U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020)May 15, 2020U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)/library/FED-398/exhibit/FED-398
Ex. LAW-001CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)United States CongressMar. 27, 2020United States Congress, CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351) (Ex. LAW-001)/library/LAW-001/exhibit/LAW-001
Ex. LAW-002Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs.…United States CongressDec. 27, 2020United States Congress, Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs. 206-207 at 134 Stat. 3059-3065) (Ex. LAW-002)/library/LAW-002/exhibit/LAW-002
Ex. LAW-003American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)United States CongressMar. 11, 2021United States Congress, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182) (Ex. LAW-003)/library/LAW-003/exhibit/LAW-003
Ex. LAW-004Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)United States CongressNov. 15, 2021United States Congress, Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341) (Ex. LAW-004)/library/LAW-004/exhibit/LAW-004
Ex. OR-001Executive Order 20-03Governor Kate BrownMar. 8, 2020Governor Kate Brown, Executive Order 20-03 (Mar. 8, 2020) (Ex. OR-001)/library/OR-001/exhibit/OR-001
Ex. OR-007Executive Order 20-12Governor Kate BrownMar. 23, 2020Governor Kate Brown, Executive Order 20-12 (Mar. 23, 2020) (Ex. OR-007)/library/OR-007/exhibit/OR-007
Ex. OR-017Executive Order 20-25Governor Kate BrownMay 14, 2020Governor Kate Brown, Executive Order 20-25 (May 14, 2020) (Ex. OR-017)/library/OR-017/exhibit/OR-017
Ex. OR-020Executive Order 20-27Governor Kate BrownJune 5, 2020Governor Kate Brown, Executive Order 20-27 (June 5, 2020) (Ex. OR-020)/library/OR-020/exhibit/OR-020
Ex. OR-025OHA Statewide Mask, Face Shield, Face Covering Guidance (OHA 2288K, July 24, 2020 version)Oregon Health Authority, Office of the Director (under EO 20-27 para. 4 and 26)July 24, 2020Oregon Health Authority, Office of the Director (under EO 20-27 para. 4 and 26), OHA Statewide Mask, Face Shield, Face Covering Guidance (OHA 2288K, July 24, 2020 version) (Ex. OR-025)/library/OR-025/exhibit/OR-025
Ex. OR-032Oregon OSHA Administrative Order 3-2020 (temporary rule), OAR 437-001-0744 (corrected by AO 4-2020, Dec. 11, 2020)Oregon Occupational Safety and Health Division (Oregon OSHA), Department of Consumer and Business ServicesNov. 6, 2020Oregon Occupational Safety and Health Division (Oregon OSHA), Department of Consumer and Business Services, Oregon OSHA Administrative Order 3-2020 (temporary rule), OAR 437-001-0744 (corrected by AO 4-2020, Dec. 11, 2020) (Nov. 6, 2020) (Ex. OR-032)/library/OR-032/exhibit/OR-032
Ex. OR-035Executive Order 20-66Governor Kate Brown (OHA assigns Risk Levels and issues binding sector guidance)Dec. 2, 2020Governor Kate Brown (OHA assigns Risk Levels and issues binding sector guidance), Executive Order 20-66 (Dec. 2, 2020) (Ex. OR-035)/library/OR-035/exhibit/OR-035
Ex. OR-041Oregon OSHA Administrative Order 2-2021 (permanent rule), OAR 437-001-0744Oregon OSHA, Department of Consumer and Business ServicesMay 4, 2021Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA Administrative Order 2-2021 (permanent rule), OAR 437-001-0744 (May 4, 2021) (Ex. OR-041)/library/OR-041/exhibit/OR-041
Ex. OR-042Executive Order 21-14Governor Kate BrownJune 11, 2021Governor Kate Brown, Executive Order 21-14 (June 11, 2021) (Ex. OR-042)/library/OR-042/exhibit/OR-042
Ex. OR-043Executive Order 21-15Governor Kate BrownJune 25, 2021Governor Kate Brown, Executive Order 21-15 (June 25, 2021) (Ex. OR-043)/library/OR-043/exhibit/OR-043
Ex. OR-044Oregon OSHA Administrative Order 5-2021 (temporary amendment of OAR 437-001-0744)Oregon OSHA, Department of Consumer and Business ServicesJune 30, 2021Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA Administrative Order 5-2021 (temporary amendment of OAR 437-001-0744) (June 30, 2021) (Ex. OR-044)/library/OR-044/exhibit/OR-044
Ex. OR-045OAR 333-019-1015 (temporary rule PH 33-2021; amended PH 36-2021, PH 44-2021, PH 84-2021; permanent PH 10-2022)Oregon Health Authority, Public Health DivisionAug. 2, 2021Oregon Health Authority, Public Health Division, OAR 333-019-1015 (temporary rule PH 33-2021; amended PH 36-2021, PH 44-2021, PH 84-2021; permanent PH 10-2022) (Aug. 2, 2021) (Ex. OR-045)/library/OR-045/exhibit/OR-045
Ex. OR-046OAR 333-019-1010 (PH 34-2021)Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 34-2021)Aug. 5, 2021Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 34-2021), OAR 333-019-1010 (PH 34-2021) (Aug. 5, 2021) (Ex. OR-046)/library/OR-046/exhibit/OR-046
Ex. OR-047Oregon EO 21-29 (Aug. 13, 2021)Governor Kate BrownAug. 13, 2021Governor Kate Brown, Oregon EO 21-29 (Aug. 13, 2021) (Ex. OR-047)/library/OR-047/exhibit/OR-047
Ex. OR-048OAR 333-019-1025 (temporary rule PH 35-2021; amended PH 41-2021 and PH 83-2021; permanent PH 15-2022)Oregon Health Authority, Public Health DivisionAug. 11, 2021Oregon Health Authority, Public Health Division, OAR 333-019-1025 (temporary rule PH 35-2021; amended PH 41-2021 and PH 83-2021; permanent PH 15-2022) (Aug. 11, 2021) (Ex. OR-048)/library/OR-048/exhibit/OR-048
Ex. OR-049Oregon OSHA Administrative Order 10-2021 (temporary amendment of OAR 437-001-0744)Oregon OSHA, Department of Consumer and Business ServicesAug. 13, 2021Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA Administrative Order 10-2021 (temporary amendment of OAR 437-001-0744) (Aug. 13, 2021) (Ex. OR-049)/library/OR-049/exhibit/OR-049
Ex. OR-050Executive Order 21-30Governor Kate BrownAug. 16, 2021Governor Kate Brown, Executive Order 21-30 (Aug. 16, 2021) (Ex. OR-050)/library/OR-050/exhibit/OR-050
Ex. OR-051OAR 333-019-1010 (PH 38-2021, replacing PH 34-2021; amended PH 42-2021 Sept. 1, 2021; permanent PH 11-2022)Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 38-2021)Aug. 25, 2021Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 38-2021), OAR 333-019-1010 (PH 38-2021, replacing PH 34-2021; amended PH 42-2021 Sept. 1, 2021; permanent PH 11-2022) (Aug. 25, 2021) (Ex. OR-051)/library/OR-051/exhibit/OR-051
Ex. OR-052OAR 333-019-1030 (PH 39-2021; permanent PH 10-2022)Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 39-2021)Aug. 25, 2021Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 39-2021), OAR 333-019-1030 (PH 39-2021; permanent PH 10-2022) (Aug. 25, 2021) (Ex. OR-052)/library/OR-052/exhibit/OR-052
Ex. OR-054Chief Justice Order 21-039Chief Justice Martha L. Walters, Oregon Supreme CourtSept. 16, 2021Chief Justice Martha L. Walters, Oregon Supreme Court, Chief Justice Order 21-039 (Sept. 16, 2021) (Ex. OR-054)/library/OR-054/exhibit/OR-054
Ex. OR-056Enforcement of OAR 333-019-1015 Masking Requirements in Schools (ODE memorandum, August 2021)Oregon Department of Education with Oregon Health Authority, Oregon OSHA and the Teacher Standards and Practices CommissionAug. 12, 2021Oregon Department of Education with Oregon Health Authority, Oregon OSHA and the Teacher Standards and Practices Commission, Enforcement of OAR 333-019-1015 Masking Requirements in Schools (ODE memorandum, August 2021) (Aug. 12, 2021) (Ex. OR-056)/library/OR-056/exhibit/OR-056
Ex. OR-057ODOT/DMV bulletin (June 29, 2021)Oregon Department of Transportation, Driver and Motor Vehicle Services (DMV)June 29, 2021Oregon Department of Transportation, Driver and Motor Vehicle Services (DMV), ODOT/DMV bulletin (June 29, 2021) (Ex. OR-057)/library/OR-057/exhibit/OR-057
Ex. OR-058Executive Order 21-31Governor Kate BrownSept. 1, 2021Governor Kate Brown, Executive Order 21-31 (Sept. 1, 2021) (Ex. OR-058)/library/OR-058/exhibit/OR-058
Ex. OR-064SB 278 (2021) 60-day eviction safe harbor; HB 4204 (2020) and HB 2009 (2021) mortgage foreclosure moratoria; HB 4212 (2020) deadline extensions and remote…Oregon Legislative AssemblyJune 30, 2020Oregon Legislative Assembly, SB 278 (2021) 60-day eviction safe harbor; HB 4204 (2020) and HB 2009 (2021) mortgage foreclosure moratoria; HB 4212 (2020) deadline extensions and remote public meetings; SB 1801 (2020) cocktails to go (June 30, 2020) (Ex. OR-064)/library/OR-064
Ex. TX-004Executive Order GA-09Governor Greg AbbottMar. 22, 2020Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)/library/TX-004/exhibit/TX-004

8. How to use this report

Keep this report with your payroll records and the other records that support your claim. The Notice itself describes what those records are. Q&A-70 says an employer "will adequately substantiate eligibility for the employee retention credit if the employer creates and maintains records that include," among other things, "any governmental order to suspend the employer's business operations" and "any records the employer relied upon to determine whether more than a nominal portion of its operations were suspended due to a governmental order or whether a governmental order had more than a nominal effect on its business operations" (Notice 2021-20, 2021-11 I.R.B. 922, Q&A-70, at 944-45). Q&A-71 says to keep those records "for at least 4 years after the date the tax becomes due or is paid, whichever comes later" (Q&A-71, at 945). This report is the first of those two items for your selection, and it is meant to sit beside the second.

If you have received a letter from the Service saying that no government orders were in effect during the quarter you claimed, this report answers that sentence with the public record, order by order. Read the quarter you claimed. For each instrument, the report gives you the issuer, the number, the dates, the words that commanded the change, the penalty behind them and the exhibit. Those are facts about the public record, and anyone can check them against the register, the code or the docket the report cites. The Service is free to argue about how much a given order affected your business. Whether the orders existed is not a matter of opinion.

Three points of public law matter to anyone holding such a letter. First, a notice that turns down a refund claim starts a clock. Under section 6532(a)(1) of the Internal Revenue Code, a refund suit cannot be brought "after the expiration of 2 years from the date of mailing by certified mail or registered mail by the Secretary to the taxpayer of a notice of the disallowance of the part of the claim to which the suit or proceeding relates." Second, asking the IRS Independent Office of Appeals to review the letter does not stop that clock; the Service's own page on the letter says so ("Requesting an appeal doesn't extend this time"), and section 6532(a)(4) provides that the Service's later consideration of the claim does not extend the period. Third, the period can be extended only by a written agreement between you and the Service under section 6532(a)(2), made on Form 907, Agreement to Extend the Time to Bring Suit, and effective only if the Service signs it before the two years run out.

The COVID Project does not give legal advice, and this report is not a substitute for it. Take it to your accountant, your enrolled agent or your lawyer. The dates above are public law, and the decisions they call for are yours and your adviser's to make.

Printed from covidproject.com/report?state=OR&quarters=2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1 on Sept. 30, 2026. The COVID Project is a free public reference and this report is not legal advice.