On November 6, 2020, Oregon OSHA adopted COVID-19 Temporary Rules requiring nearly all Oregon employers to implement workplace safety measures, including employee training. Although the rules were effective on November 16, 2020, they contained a series of compliance deadlines for specific provisions. The Temporary Rules require employers to provide the newly mandated employee COVID-19 training by December 21, 2020.
On December 9, 2020, Oregon OSHA issued guidance in response to the state’s recent 2-week freeze. The guidance extends the training deadline to January 11, 2011, for food and drink establishments, gym and fitness centers, venues hosting or facilitating indoor and outdoor events, zoos, gardens, aquariums, outdoor entertainment activities, indoor pools, sports, sports facilities, and athletic activities.
For other businesses, the guidance essentially extends a 7-day grace period in which no inspections will be conducted if the business can show it is working towards and will provide the mandated training to its workforce by December 28, 2020.
The Oregon OSHA guidance provides that “businesses who were addressed by and in substantial compliance with 4.a and 4.b of the governor’s Executive Order 20-65 . . . who have therefore experienced significant modifications to their immediate businesses activities, will not be cited for violations of the Infection Control Training provisions of the rule that occur before January 11, 2021.”
According to the guidance, to qualify for the delayed compliance training date of January 11, 2021, a business must:
be addressed by 4.a and 4.b of the Executive Order 20-65;
in substantial compliance with 4.a and 4.b of the Executive Order 20-65; and
experience significant modifications of their immediate business activities.
Executive Order 20-65 (4)(a) addresses food and drink establishments and requires certain industry safety precautions. Thus, if a “food or drink establishment” has complied with the requirements of Executive Order 20-65 (4)(a), the business qualifies for the delayed compliance deadline for employee training if it also experienced significant modifications of immediate business activities.
Executive Order 20-65 (4)(b) addresses:
gyms and fitness centers
indoor recreational activities, museums
venues hosting or facilitating indoor and outdoor events
zoos, gardens, aquariums, outdoor entertainment activities
indoor pools, sports, sport facilitates, or athletic activities.
Accordingly, any of these businesses would also qualify for the delayed compliance deadline for employee training if it complied with the requirements of Executive Order 20-65 (4)(b) and experienced significant modifications of immediate business activities.
No other businesses are addressed in Executive Order 20-65 (4)(a) or (4)(b). Therefore, all other businesses must provide the mandated COVID-19 employee training by December 21, 2020.
However, the Oregon OSHA guidance provides that for “employers not addressed by” Executive Order 20-65 (4)(a) and (4)(b), Oregon OSHA “will address any compliance issues that arise under these requirements with a telephone inquiry. If the employer provides a response that indicates they are working to comply and providing a reasonable time frame to complete the work . . . no inspections will be conducted on the Infection Control training requirements before December 28, 2020.”
In other words, Oregon OSHA is essentially extending those businesses a 7-day grace period in which no inspections will be conducted if the business can show it is working towards and will provide the mandated employee training to its workforce by December 28, 2020.
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