Rulemaking Summary:
In alignment with Oregon Health Authority’s announcement that masks are no longer required in healthcare settings starting April 3, 2023, Oregon OSHA is suspending all COVID-19 related rules effective April 3, 2023. This temporary rulemaking takes effect quickly, and it gives the agency additional time to implement the permanent rulemaking process to fully repeal the rules.
This rule suspension includes OAR 437-001-0744 Rule Addressing COVID-19 Workplace Risks and 437-004-1115 COVID-19 Workplace Requirements for Employer-Provided Labor Housing.
While Oregon OSHA is suspending its COVID-19 rules, the agency recognizes that some employees may still feel vulnerable to contracting COVID-19. In response, the agency is retaining the ability for an employee to wear a facial covering, if they so choose, by temporarily amending the following rules:
• OAR 437-002-0134 Personal Protective Equipment in Division 2,
• OAR 437-003-0134 Personal Protective Equipment in Division 3, and
• OAR 437-004-1030 Work Clothing in Division 4.
Employers are no longer responsible for providing facial coverings to their employees. However, if employers require their use they must supply these items at no cost to employees. Oregon OSHA also added a note stating that employers are not required to allow voluntary use of respirators if an employee requests to use one in lieu of a face covering.
As a reminder, Oregon OSHA removed requirements for General Workplace employees to wear a facial covering over one year ago on March 18, 2022. As stated in the COVID-19 rules, Oregon OSHA will repeal them when it is no longer necessary to address the COVID-19 pandemic. This rulemaking represents significant progress to that stated commitment by suspending all remaining COVID-19 rule requirements. The agency expects to move forward with repeal through the permanent rulemaking process shortly.
This is Oregon OSHA Temporary Administrative Order 1-2023, adopted March 30, 2023, and effective April 3, 2023.
Direct link to the rulemaking (notice letter, filing documents, and text of changes).
Oregon OSHA contact: Dave McLaughlin, Salem Central Office @ 503-378-3272, or
email at Dave.MCLAUGHLIN@dcbs.oregon.gov.
Please visit our website osha.oregon.gov/rules to view our adopted rules, or select other rule activity from this page.
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