May 28, 2022

Volume XII, Number 148

Advertisement
Advertisement

May 27, 2022

Subscribe to Latest Legal News and Analysis

May 26, 2022

Subscribe to Latest Legal News and Analysis

May 25, 2022

Subscribe to Latest Legal News and Analysis
Advertisement

Oregon OSHA Announces Stance on Federal Vaccine-or-Test Standard

On January 13, 2022, the Oregon Occupational Safety and Health Division (Oregon OSHA) announced that because the Supreme Court of the United States has stayed the federal Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), it “will not move forward with adopting the same or similar standard in Oregon.”

Oregon operates an OSHA-approved state plan 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 and were awaiting Oregon OSHA’s release of its own ETS.

Although Oregon OSHA will no longer implement a vaccine-or-test standard, the COVID-19 workplace rule remains in effect. The protections under that rule include infection control planning, exposure risk assessments, infection notification protocols, and sanitation. Oregon employers are also required to follow the Oregon Health Authority’s (OHA) masking requirements for indoor spaces, which provides that individuals, regardless of vaccination status, are required to wear a mask, face covering, or face shield when in an indoor space unless the individual is in a private individual workspace or is actively eating or drinking. A private individual workspace means “an indoor space within a public or private workplace used for work by one individual at a time that is enclosed on all sides with walls from floor to ceiling and with a closed door.” The rule allows for other limited exceptions to the indoor mask requirement.

Employers may want to revisit their COVID-19 policies and workplace practices to consider whether they are complying with Oregon OSHA’s COVID-19 workplace rule and OHA’s indoor masking requirements. Employers may also want to keep in mind that employees are protected from discrimination or retaliation for opposing any practice forbidden under the Oregon Safe Employment Act, including Oregon OSHA’s COVID-19 workplace rule.

© 2022, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XII, Number 16
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

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
Advertisement
Advertisement
Advertisement