Upwards of a dozen complaints were filed to Oregon's workplace safety agency this past weekend over concerns that the state's outdoor mask mandate was not being observed at the Oregon State Fair.Reporters seem not to go out anymore in person to get the story, so they make a report like this with photos making it look like the fair is sparsely attended when in fact thousands are going. Maybe 350,000 if the media has not scared attendees away. The media reported that Governor Kate Brown said that the Oregon State Patrol would enforce masking. No, OSP did not. A memo from OSHA to vendors at the fair sent a ripple of compliance, but otherwise had little effect. Everyone was having fun. No one was being harassed or arrested.
Under the Oregon Safe Employment Act and Oregon OSHA's rules related to penalty calculation, the minimum penalty for a serious violation is $100 and the maximum penalty is $12,675. Penalties are typically determined based on the severity and probability of the violation cited, as well as upon the size of the employer.
However, a willful violation -- including situations where the employer is aware of the requirement and chooses to continue to operate in violation of it -- carries a minimum penalty of $8,900 and a maximum penalty of $126,749.
Vendors, exhibitors, and other similar employers should therefore be aware that violations will be characterized as "willful" violat ions if Oregon OSHA concludes that the employer was made aware of the facial covering requirements -- including direction received from the operator of the venue -- and continued to disregard the violation. This is distinct from whatever sanction or enforcement mechanisms may be available to the venue operator as part of the contractual relationship.
|Post Date: 2021-09-02 18:10:32||Last Update: 2021-09-02 19:17:51|