Employment Alert:
Updated Oregon Guidance on Masks, Face Coverings and Face Shields Requires Face Coverings If Employee Is Not In a Private, Individual Workspace With Closed Door
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On November 18, 2020, the Oregon Health Authority issued new, stricter Statewide Freeze Guidance on Masks, Face Coverings and Face Shields, following Governor Kate Brown’s issuance of a new Executive Order 20-65. Effective November 18, 2020, the new mask guidance requires that all individuals statewide (with certain specified exceptions) wear masks, face coverings or face shields at all times, unless the person is:
- at home,
- in their own car,
- under the age of 5,
- eating or drinking,
- engaged in an activity that makes mask wearing not feasible, such as when taking a shower,
- sleeping,
- briefly removing the face covering to confirm the person’s identity as may be required (such as at a bank or when interacting with law enforcement), or
- in a private, individual workspace.
Significantly for Oregon employers, “private individual workspace” means an indoor space within a public or private workplace used for work by one individual at a time that is enclosed on all sides with walls from floor to ceiling and with a closed door.
Therefore, employees who do not have their own private offices with their doors closed should wear their masks at work even if they are sitting six feet or more from co-workers or are separated by a physical barrier.
In addition, the OHA does not recommend wearing a face shield instead of a mask or face covering because face shields can be very good at blocking droplets that individuals release, but they are not as effective at limiting the release of aerosols that can go around the shield.
Oregon employers should review the new mask guidance, which is linked here.
In addition, the new Executive Order 20-65, issued on November 17, 2020, is linked here.
Further, a new “Statewide Freeze Guidance—General Guidance for Employers,” effective November 18, 2020, is linked here.
The lawyers at Farleigh Wada Witt are available to assist with this and all other COVID-19 related governmental guidance.
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Trish Walsh focuses her practice in the areas of litigation and employment law, protecting clients' interests inside and outside the courtroom. In her employment practice, Trish drafts, audits and updates policy handbooks and provides advice on employment issues under Oregon, Washington and federal laws.
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Kim McGair's practice emphasizes a wide range of litigation matters including employment, commercial litigation, commercial collections, personal injury defense, and real estate litigation. She is an advocate for her clients and provides them with sensible advice and strong representation to protect their interests and help them achieve their objectives as efficiently as possible. Kim was selected by her peers for inclusion in the Best Lawyers in America® 2018-2021 for Commercial Litigation and to the Oregon Super Lawyers list 2019-2020 for Commercial Litigation.
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Kelly Tilden focuses her practice in the areas of employment law, business, and litigation. She advises clients regarding the hiring, discipline and termination of employees, compliance with state and federal civil rights, wage and hour laws, and leave laws. Kelly offers practical guidance and experienced-based insight to help employers confidently apply state and federal regulations. She has been selected by her peers for inclusion in the Best Lawyers in America® 2018-2021 for Employment Law - Management.
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Jon Himes practices in several areas including litigation, employment, and financial services, enabling him to assist clients with a full-range of legal and business challenges. His employment practice focuses on employment litigation and wage and hour laws.
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Copyright © 2020 Farleigh Wada Witt. All Rights Reserved.
The contents of this publication are intended for general information only and should not be construed as legal advice or opinion on specific facts and circumstances.
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