Oregon Health Authority (OHA) has updated their mask guidance. The difference between the new guidance, dated May 11^th, and the version released last week dated April 29^th is the provisions for outdoor work WITHOUT a mask IF vaccinated. See guidance here (below). The relevant section reads:

Statewide, masks, face coverings or face shields are required to be worn by all individuals at all times unless the individual:

• Is outdoors and is fully vaccinated. This exception DOES NOT apply:
  • In crowded areas or at large gatherings where it is difficult to maintain physical distance including but not limited to event areas, venues and large social gatherings like parades, graduation ceremonies or wedding receptions, in which case a mask, or face covering or face shield must be worn.

OR-OSHA has published the permanent rules implementing workplace protection for COVID-19. As a reminder, the Permanent Rules replace the Temporary Rules which expired on Tuesday, May 4^th and apply to ALL employers in Oregon. Our Dalton Advocacy team has been actively involved in the rulemaking process, flagging concerns with proposed expansion by labor and urging the agency to adopt a clear sunset tied to the Governors Executive Order. The rules do not contain a repeal date but do note that the agency will review them every two months beginning in July to discuss partial/complete repeal.

Review the OSHA summary of the rules here. Text of rules here.

The rules are effective May 4^th (essentially ensuring no gap in your compliance with the current Temporary Rules on the books) with a delayed effective date of June 6^th for the new provisions relating to ventilation, transportation, employee notification, and the PPE supply/crisis management plan requirements and May 17^th for provisions related to respiratory protection for direct patient care.

Highlight of how these rules differ from the Temporary Rule:

• Clarifies that if an employer already conducted a risk assessment and completed an infection control plan under the temporary rules, they do not need to do so again under the permanent rules.
• Updates the cleaning and sanitization requirements to be consistent with new CDC guidance that such cleaning need only be done once a day. This is particularly helpful for businesses that run 24-hour operations.
• Directs employers to minimize employees traveling together in vehicles, where practical. Where not practical, employees must wear face coverings and outside air flow in vehicles should be optimized.
• Employers with 10 or more employees must attest that HVAC systems are functioning consistent with rule requirements.
• When employees must be absent from the workplace to quarantine because of an exposure, employers must notify them of their rights to return and encourage information to be shared of any paid leave benefits provided by the employer.
  • Note: under new guidance from OHA individuals who are fully vaccinated and asymptomatic do not have to quarantine after an exposure.

USDA will move forward with $20 per acre payments for price-trigger crops outlined in the Coronavirus Food Assistance Program (CFAP) round three approved under the December appropriations bill with checks going out starting in April.

The new initiative—USDA Pandemic Assistance for Producers—will reach a broader set of producers than in previous COVID-19 aid programs. The Department will also develop rules for new programs that will put a greater emphasis on outreach to small and socially disadvantaged producers, specialty crop and organic producers, timber harvesters, as well as provide support for the food supply chain and producers of renewable fuel, among others. Existing programs like the Coronavirus Food Assistance Program (CFAP) will fall within the new initiative and, where statutory authority allows, will be refined to better address the needs of producers.

Part 1: Investing $6 Billion to Expand Help & Assistance to More Producers

Final OSHA Temporary COVID Rules were released and took effect on November 16, 2020 and remain in effect until May 4, 2021 unless revised or repealed. The rules apply to ‘all workplaces and workers subject to Oregon OSHA’s jurisdiction.’

Additional requirements to note:

• Employee Notification on COVID-19 is required. Available here as an example;
• Employers must post the OSHA notice. Available here to print;
• Risk Exposure Assessment required; Risk Assessment: HERE
• Infection Control Plan required; Infection control plan: HERE
  *The Infection Control Plan fillable word doc is NOW online here!
• Employee training must be completed
• Ventilation Requirements (all workplaces)

View the Temporary Rules HERE.

View workplace chart for application HERE.

OR-OSHA COVID-19 Training Materials Released

OR-OSHA has released an online interactive education course designed to help employers meet four of the 10 training requirements found in their COVID-19 rules. The course is 1-hour course. Find English Course and Spanish Course.

You can also download the presentation as a PowerPoint (scroll to bottom of page). While not required, OR-OSHA also included a model ‘training verification form’ for employees.

Ag & Farm Playbook

The Risk Management Agency announced additional COVID-related flexibilities to the federal crop insurance program. These flexibilities include interest accrual on premium payments and administrative fees to be waived. Read more about it here.

The Farm Service Agency recently waived late file fees for acreage reports and discussed extending deadlines. Read more about it here.

RMA issued a notice authorizing self-certification on replant inspections and waiving the witness signature requirement for approval of Assignments of Indemnity through July 15, 2020. Regarding replant self-certification, RMA is authorizing AIPs to allow such for up to 100 gross acres (before considering share) per unit in lieu of 50 acres. Wheat not covered by the Winter Coverage Endorsement (both initially planted winter and spring crops) is eligible.

Important Highlights:

• The order does not include agriculture in the business closure requirements.
• The order delegates future decisions to close businesses to OHA, with required Governor approval.
• Businesses able to remain open through this order are required to designate an employee or officer to establish, implement and enforce social distancing politics consistent with guidance from OHA.

VIEW MORE Q&A HERE