Oregon OSHA, under the direction of acting administrator Renee Stapleton, is proposing to roll back COVID era restrictions on Employer Provided workplace housing and is asking that persons who wish to participate in the virtual meeting to register for Adjustments to COVID-19 Workplace Requirements for Employer-Provided Labor Housing on July 26, 2022 at 3:00pm

After registering for a webinar, participants will receive a confirmation email containing information about joining the webinar. In order to ensure as many people as possible are able to testify, Oregon OSHA reserves the right to restrict testimony to no more than 5 minutes.

The rule changes have been summarized by Oregon OSHA:

Due to reduced COVID-19 cases and hospitalizations, Oregon OSHA is proposing to make substantive changes to OAR 437-004-1115: COVID-19 Workplace Requirements for Employer-Provided Labor Housing to remove provisions no longer appropriate to this stage of the pandemic. These changes are in response to Governor Brown's announcement of updated health guidance on February 28, 2022 and direction from the Oregon Health Authority.

These proposed changes have been in effect as temporary amendments since April 13, 2022 and are set to expire on October 9, 2022. If these rulemaking adjustments are not made, the rule will revert to the stricter requirements in Administrative Order 15-2021 adopted on December 21, 2021.

Major proposed changes include the removal of several sections of the rule, including (3) Ventilation, (5) Physical distancing monitor, (7) Cleaning and sanitation, and (9) Non-employer-provided transportation for labor housing. In addition, the (2) Definitions section is greatly simplified.

The proposed amendments will remove the requirement for the use of the Air Purification Method or the Capacity Reduction Method to calculate the square footage of spaces where people sleep. However, if air purifiers were provided by the operator as part of this provision, occupants must be allowed to continue to use the air purifier at no cost including the maintenance of the equipment. If occupants choose to use their own air purifier, they must be allowed to do so but they are responsible for the maintenance of it.

As was the case before these adjustments, the proposed rule maintains language that an employee who chooses to wear a mask, face shield, or face covering, even when it is not required, must be allowed to do so.

These proposed adjustments represent a significant removal of COVID-19 requirements, and are a major step forward towards the full repeal of the rule. As stated in the rule, Oregon OSHA will repeal the rule when it is no longer necessary to address the COVID-19 pandemic. Because it is not possible to assign a specific time for that decision, Oregon OSHA will consult with the Oregon OSHA Partnership Committee, the Oregon Health Authority, and other stakeholders as circumstances change to determine when all or parts of the rule can be appropriately repealed.

The comment period closes on August 12. Adoption tentatively will be in September 2022.

To comment:

Department of Consumer and Business Services/Oregon OSHA
PO BOX 14480
Salem OR 97309-0405
Email – OSHA.rulemaking@dcbs.oregon.gov


--Staff Reports

Post Date: 2022-06-30 10:38:04

Last Update: 2022-06-30 11:27:25