January 27, 2022

Volume XII, Number 27

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Oregon OSHA Announces Schedule for Implementing COVID-19 Vaccine or Test Standard

Oregon operates a state plan that the U.S. Occupational Safety and Health Administration (OSHA) has approved that applies to both public and private employers. Accordingly, Oregon employers are subject to the state OSHA’s standards rather than the federal OSHA standards. Oregon OSHA may adopt an emergency temporary standard (ETS) related to COVID-19 that differs from the federal ETS, but Oregon OSHA’s ETS must be “as effective as” the federal ETS. Moreover, Oregon employers are not required to comply with the federal ETS.

In light of OSHA’s ETS stay being lifted, Oregon OSHA recently updated its website to state that it is “required to adopt the same or similar standard by Jan. 24, 2022” and “the anticipated effective date of the Oregon standard would be 30 days from adoption,” which is February 24, 2022. In the interim, the Supreme Court of the United States has received several emergency applications for an immediate stay of the OSHA ETS. Although it is always difficult to predict how quickly a ruling might come, the Supreme Court will most likely take action in the coming weeks to give employers some certainty. Employers may want to monitor Oregon OSHA’s website and legal developments to consider whether to continue preparations to comply with a vaccination and/or testing policy that is at least as effective as the federal ETS.

© 2022, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XII, Number 13
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About this Author

Karen Tynan, employment lawyer, Ogletree Deakins
Of Counsel

Karen Tynan is an of counsel attorney in the Sacramento office of Ogletree Deakins. Karen is originally from the state of Georgia, and after graduating with honors from the United States Merchant Marine Academy, she worked for Chevron Shipping Company for ten years – sailing as a ship's officer on oil tankers rising to the rank of Chief Officer with her Unlimited Master’s License as well as San Francisco Bay pilotage endorsement.  Karen was the highest ranking woman in the Chevron fleet when she left her seafaring life.  This maritime and petroleum experience is unique among employment...

918 840 3150
Paul Cirner Employment Lawyer Ogletree
Associate

Paul is an associate in our Portland, Oregon office focusing on employment litigation and counseling.

Paul advises employers to ensure compliance with the ever-changing framework of labor and employment laws. As a litigator, Paul is skilled at vigorously defending his clients and working with opposing counsel to reach favorable resolutions when warranted.

Prior to joining Ogletree, Paul gained extensive experience as an associate with an international law firm defending clients throughout the New York metropolitan area...

503-552-2140
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