6/28/21: Saying Goodbye to Masks & Physical Distancing as Oregon Approaches Statewide Reopening
June 28, 2021
By Amy Angel & Natalie Pattison
On June 25, 2021, Governor Brown signed an Executive Order revoking COVID-19 public health restrictions around face coverings, physical distancing, and capacity limits on June 30, 2021, or when the state crosses the threshold of 70% first dose vaccination for those 18 and older, whichever is earlier.
Executive Order 21-15
Under the Executive Order, the following restrictions will be lifted:
Mask mandates,
Capacity limits, and
Physical distancing in business and other sectors.
The Executive Order also ends restrictions on higher education, certain restrictions for childcare providers, and restrictions designed to ensure adequate capacity and personal protective equipment in healthcare settings. The Executive Order also returns decision-making regarding the health and safety of students in K-12 schools to local school districts.
Importantly, the Executive Order notes that there are some specialized settings like healthcare, public transportation, correctional facilities, and certain other congregate settings where enhanced COVID-19 precautions will be necessary for an additional period of time, following guidance from federal or state regulatory authorities. Note that federal guidance from OSHA currently requires healthcare employees to wear facemasks.
The Executive Order also rescinds previous pandemic-related executive orders, including the county risk level framework.
Oregon OSHA
Oregon OSHA has indicated that it will cease enforcement of the mask and physical distancing requirements as soon as the Executive Order goes into effect (either at 12:01am on June 30, 2021, or when OHA announces that the 70% threshold has been reached, whichever is earlier). Oregon OSHA will then release a temporary rule to repeal the mask and physical distancing requirements in the permanent rule. Unless and until Oregon OSHA provides otherwise, all other rules and requirements under the permanent rule will remain in effect.
We will continue to provide updates as we know more, but employers should contact counsel with any specific questions regarding the status of workplace rules in Oregon.
For questions relating to reopening or changing COVID-19 guidance, contact Amy Angel or Natalie Pattison at 503-228-0500, or at aangel@barran.com or npattison@barran.com.
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