Existing guidance already mandated certain Oregon businesses to require their employees, contractors, and volunteers to wear a face mask, face shield, or face covering including:
- grocery stores,
- fitness-related organizations,
- public transit agencies and providers,
- personal services providers,
- restaurants, bars, breweries, brewpubs, wineries, tasting rooms and distilleries,
- retail stores, shopping centers and malls,
- ride sharing services,
- indoor licensed swimming pools, licensed spa pool and sports court operators,
- indoor entertainment facility operators,
- indoor recreational sports operators for specified sports, and
- indoor venue operators.
The additional guidance, effective July 1, 2020, also expands the mask, face, shield, or face covering requirements to “indoor spaces open to the public,” in addition to the businesses listed above. This is defined as “spaces, whether publicly owned or privately owned, where the public has access by right or invitation, express or implied, whether by payment of money or not. In addition to the public areas of the businesses defined above, such spaces may include, but are not limited to, building lobbies or common spaces, elevators, bathrooms, and buildings or meeting rooms outside of private homes where people gather for social, civic, cultural or religious purposes” in addition to the select businesses listed above.
Other businesses should also review applicable sector guidance and general guidance for employers for other requirements, recommendations, and best practices.
The mask, face shield, or face covering requirements do not apply if an accommodation and exemption is required by state and federal disability law, labor laws, public accommodations laws that provide all persons with full and equal access to services, transportation, and facilities open to the public, or Oregon Health Authority public health guidance, if applicable. Specifically, masks, face shields, or face coverings are not required in the following instances:
- For employees, contractors and volunteers if/when:
- Eating or drinking;
- At or in a location where the employee is not interacting with the public and six or more feet of distance can be maintained between other employees; or
- An accommodation is legally required.
- For customers and visitors if/when:
- Eating or drinking;
- Engaging in an activity that makes wearing a mask, face shield or face covering not feasible, such as strenuous physical exercise, singing, or playing an instrument if at least six feet of distance is maintained from others;
- Under 12 years of age (although it is strongly recommended for children between 2 and 12 to wear a mask, face shield, or face covering in grocery stores and pharmacies or where it is likely that physical distancing cannot be maintained and vulnerable people go, with the assistance and close supervision of an adult);
- The customer or visitor has a medical condition that makes it hard to breathe when wearing a mask, face shield, or face covering; or
- The customer or visitor has a disability that prevents the individual from wearing a mask, face shield, or face covering.
Last, the Oregon Health Authority strongly recommends that everyone wear a mask, face shield, or face covering in any setting where at least six feet of physical distance from others outside of an individual’s household cannot be maintained.
If you have questions about implementing this new guidance or how this impacts your business, please contact Heather Fossity or Amy Angel at 503-228-0500, or at email@example.com or firstname.lastname@example.org. For additional information about navigating coronavirus in the workplace, visit Barran Liebman’s COVID-19 resource page.
Electronic Alerts are written by Barran Liebman attorneys for their clients and friends. Alerts are not intended as legal advice, but as employment law, labor law, and employee benefits announcements. If this has been forwarded to you, and you would like to begin receiving Electronic Alerts directly, please email or call Traci Ray at 503-276-2115. Copyright ©2021 by Barran Liebman LLP.
Las Alertas electrónicas son escritas por abogados de Barran Liebman para sus clientes y amigos. Las Alertas no son proveídas como asesoramiento legal, sino solo como anuncios de leyes de empleo, leyes laborales y beneficios de empleo. Si esto ha sido remetido a usted y quisieras empezar a recibir las Alertas directamente, por favor mándanos un correo electrónico o llama a Traci Ray al 503-276-2115. Derechos de autor ©2021 por Barran Liebman LLP.