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Is Your Business in Compliance? Oregon OSHA COVID-19 Resources

OR-OSHA COVID Resources - Blog Post

OREGON OSHA COVID-19 RESOURCES

Oregon OSHA adopted new COVID-19 rules for all workplaces that went into effect on November 16, 2020.

Oregon OSHA Resources

  • Click here to view the full rules
  • Click here for additional information and sample documents
  • Click here to watch the Oregon Business & Industry’s webinar with lawyers at Tonkon Torp, who walked through the new requirements.

Summary of Employer Requirements

Posters

 

Distancing

  • Ensure work activities eliminate the need for employees to be within six feet of each other

 

Cleaning

  • Clean or sanitize high-touch surfaces and shared equipment at least every 24 hours for workplaces occupied less than 12 hours a day
  • If workplaces are occupied more than 12 hours a day, cleaning must be done every 8 hours
  • Employers must provide employees with sufficient hand washing supplies and facilities
  • Employees must provide employees with supplies to clean work surfaces

 

Face Coverings

  • Employers must ensure employees wear face coverings in workplaces consistent with Oregon Health Authority guidance
  • Employees must also wear face coverings in vehicles
  • Employers must provide face coverings to employees

 

Ventilation

  • Businesses must repair and maintain heating and cooling systems to maximize air flow. This likely involves replacing filters as recommended by the manufacturer.

 

Exposure Risk Assessment

  • Employers must conduct an Exposure Risk Assessment by Dec. 7. This document is to be kept by the employer in a separate file. OSHA can and will require the assessment if they visit the employer for any reason.
  • OSHA has created a template for employers to use
  • Employers must give employees an opportunity to provide feedback

 

Infection Control Plan

  • Employers must establish an Infection Control Plan by Dec. 7. This document is to be kept by the employer in a separate file. OSHA can and will require the assessment if they visit the employer for any reason.
  • OSHA has created a template for employers to use

 

Employee Training

  • Training must be completed by Dec. 21
  • Can be done through a safety meeting

 

Exposure or Infection Response

  • Employers must adopt policies about how to notify employees if they have been exposed to someone who is known to have been infected with COVID-19
  • Employers must remove individuals from the workplace if public health officials direct the employees to isolate or quarantine. Employees are entitled to return to their previous position after the isolation or quarantine time period.
Information dated November 10, 2020

 

EMPLOYER RESPONSIBILITIES FFCRA RESOURCES

Q1 2021 Optional COVID-related Paid Leave:

The Consolidated Appropriations Act (CAA) allows for employers to optionally elect to allow employees to take paid time under the exact same terms as FFCRA in 2020 from January 1 through March 31, 2021. Employers should decide to either fully continue to offer paid leave as defined under FFCRA or fully decline to offer it:

  • If an employer continues to provide both paid sick leave and paid family leave as previously defined under FFCRA, then the employer may take the tax credit for 1st Quarter 2021 for any paid leave offered during that quarter (January 1 – March 31).
  • Important note: the CAA did not provide for additional paid time off. There is not a new allowance of hours. Instead, unused leave allowances from 2020 may be carried over into Q1 of 2021.
  • If someone used all their allowed FFCRA time in 2020, there is no provision granting more time in 2021. If you choose to provide them leave, you will not be able to claim a tax credit for the hours beyond the leave eligibility defined in FFCRA.

2020 Mandatory Employer Requirements under FFCRA (mandatory requirement expired 12/31/2020)

Under Families First Coronavirus Response Act (FFCRA), employers with fewer than 500 employees must provide to all employees:

  • 2 weeks (80 hours) of paid sick leave at the employee’s regular rate of pay where an employee is unable to work because employees is quarantined and/or experiencing COVID-19 symptoms and seeking a medical diagnosis
  • 2 weeks (80 hours) of paid sick leave at two-thirds the employee’s regular rate of pay because the employee is unable to work because of bonafide need to care for an individual subject to quarantine

To employees that have been employed for at least 30 days:

  • Up to an additional 10 weeks of paid expanded family and medical leave at two-thirds the employee’s regular rate of pay where an employee is unable to work due to a bona-fide need for leave to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19.

FFCRA Resources

 

What to do if an employee tests positive or is required to quarantine?

  1. Follow all state and local guidelines
  2. Remove individuals from workplace if public health officials or physician direct employees to isolate or quarantine.
  3. Follow policies outlined in employer’s Exposure or Infection Response plan as required by Oregon OSHA.
  4. Evaluate employee’s rights and employer’s responsibilities under FFCRA for protected paid leave.