News & Events > Alert > Oregon OSHA Temporary Rule for Exceptional Risk Workplaces
Oregon OSHA Temporary Rule for Exceptional Risk Workplaces
11.17.2020
NOTE: Tonkon Torp has developed a Field Guide to help employers understand and implement the Emergency Oregon OSHA COVID-19 Rule (the "Rule"). Please fill out this form if you would like to learn more or purchase a copy of the Field Guide.
By Clay Creps
We recently published an article about the Temporary Rule Oregon OSHA issued for workplaces in the State of Oregon. That article covered the provisions of the Rule applicable to all workplaces in the State of Oregon. The Rule also has provisions regarding what are termed “Exceptional Risk Workplaces.” This article will cover those provisions.
“Exceptional Risk Workplaces” are defined under the Rule to include those with employees involved in direct patient care; aerosol-generating healthcare or post-mortem procedures; emergency first responder activities; personal care activities; handling material that is reasonably anticipated to be contaminated with COVID-19; or handling human remains or tissue specimens or laboratory cultures collected from individuals suspected or known to have COVID-19. These workplaces pose heightened risks for employees and other individuals and therefore Oregon OSHA has 'imposed' heightened requirements on these workplaces. But note that the Rule provides: “'Exceptional risk’ does not include workers of other departments or job duties outside the scope and underlying definitions of (1)(c) of this rule. For example, employees in the accounting department at a hospital would be covered by the requirements applicable to all workplaces, while other workers at the same hospital who actually perform any of those job operations listed under (1)(c), such as direct patient care, would be subject to the supplementary requirements for workplaces at exceptional risk in addition to the requirements for all workplaces.” These requirements are in addition to all of the requirements which apply to all workplaces. See our article on exceptional risk workplaces here.
Sanitation: The Rule places additional requirements on Exceptional Risk Workplaces in regards to sanitation requirements. The employer must develop procedures for routine cleaning and disinfection that are appropriate for SARS-CoV-2 in healthcare settings, including those patient-care areas in which aerosol-generating procedures are performed (for example, using cleaners and EPA-registered, hospital-grade disinfectants for frequently touched surfaces or objects in accordance with manufacturer instructions and contact time specifications). The Rule refers employers to List N on the EPA website for EPA-registered disinfectants that have qualified under EPA's emerging viral pathogens program for use against SARS-CoV-2. The Rule also requires employers to follow standard practices for disinfection and sterilization of medical devices contaminated with COVID-19, as described in the CDC Guideline for Disinfection and Sterilization in Healthcare Facilities, 2008.
Ventilation: The Rule has additional requirements for Exceptional Risk Workplaces in regards to ventilation. Such employers, to the extent the ventilation systems are under the control of the employer, must be operated, if possible, in hospitals, ambulatory surgical centers, and long-term care facilities providing skilled and/or intermediate level nursing care in accordance with the provisions of the American National Standards Institute (ANSI)/American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standards 62.1 and 62.2 (ASHRAE 2019a, 2019b), which include requirements for outdoor air ventilation in most residential and nonresidential spaces, and ANSI/ASHRAE/ASHE Standard 170 (ASHRAE 2017a) which covers both outdoor and total air ventilation in healthcare facilities. This does not require the installation of a new ventilation system. Further, existing ventilation systems in other health care facilities must be upgraded to a minimum MERV 13 rating, provided that such an upgrade will result in no significant performance reduction of the system
For the Exceptional Risk Workplace, the training must be overseen or conducted by a person knowledgeable in the covered subject matter as it relates to the employee’s job duties. Further, the training material must be appropriate in content and vocabulary to the education, literacy, and language of the affected workers. Lastly, the training must provide an opportunity for interactive questions and answers (must be “live” in order to allow immediate response and further clarification, but need not be in person) with a person knowledgeable in the training program’s subject matter and basic epidemiology as it relates to the workplace and employee job duties.
There are additional elements which training for the Exceptional Risk Workplace must include:
This update is prepared for the general information of our clients and friends. It should not be regarded as legal advice. If you have questions about the issues raised here, please contact any of the attorneys in our Labor & Employment Practice Group, or the attorney with whom you normally consult.
By Clay Creps
We recently published an article about the Temporary Rule Oregon OSHA issued for workplaces in the State of Oregon. That article covered the provisions of the Rule applicable to all workplaces in the State of Oregon. The Rule also has provisions regarding what are termed “Exceptional Risk Workplaces.” This article will cover those provisions.
“Exceptional Risk Workplaces” are defined under the Rule to include those with employees involved in direct patient care; aerosol-generating healthcare or post-mortem procedures; emergency first responder activities; personal care activities; handling material that is reasonably anticipated to be contaminated with COVID-19; or handling human remains or tissue specimens or laboratory cultures collected from individuals suspected or known to have COVID-19. These workplaces pose heightened risks for employees and other individuals and therefore Oregon OSHA has 'imposed' heightened requirements on these workplaces. But note that the Rule provides: “'Exceptional risk’ does not include workers of other departments or job duties outside the scope and underlying definitions of (1)(c) of this rule. For example, employees in the accounting department at a hospital would be covered by the requirements applicable to all workplaces, while other workers at the same hospital who actually perform any of those job operations listed under (1)(c), such as direct patient care, would be subject to the supplementary requirements for workplaces at exceptional risk in addition to the requirements for all workplaces.” These requirements are in addition to all of the requirements which apply to all workplaces. See our article on exceptional risk workplaces here.
- Mandatory Safety Standards
Sanitation: The Rule places additional requirements on Exceptional Risk Workplaces in regards to sanitation requirements. The employer must develop procedures for routine cleaning and disinfection that are appropriate for SARS-CoV-2 in healthcare settings, including those patient-care areas in which aerosol-generating procedures are performed (for example, using cleaners and EPA-registered, hospital-grade disinfectants for frequently touched surfaces or objects in accordance with manufacturer instructions and contact time specifications). The Rule refers employers to List N on the EPA website for EPA-registered disinfectants that have qualified under EPA's emerging viral pathogens program for use against SARS-CoV-2. The Rule also requires employers to follow standard practices for disinfection and sterilization of medical devices contaminated with COVID-19, as described in the CDC Guideline for Disinfection and Sterilization in Healthcare Facilities, 2008.
Ventilation: The Rule has additional requirements for Exceptional Risk Workplaces in regards to ventilation. Such employers, to the extent the ventilation systems are under the control of the employer, must be operated, if possible, in hospitals, ambulatory surgical centers, and long-term care facilities providing skilled and/or intermediate level nursing care in accordance with the provisions of the American National Standards Institute (ANSI)/American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standards 62.1 and 62.2 (ASHRAE 2019a, 2019b), which include requirements for outdoor air ventilation in most residential and nonresidential spaces, and ANSI/ASHRAE/ASHE Standard 170 (ASHRAE 2017a) which covers both outdoor and total air ventilation in healthcare facilities. This does not require the installation of a new ventilation system. Further, existing ventilation systems in other health care facilities must be upgraded to a minimum MERV 13 rating, provided that such an upgrade will result in no significant performance reduction of the system
- Risk Assessment
- Infection Control Plan
- The Plan must contain the name(s) of the person responsible for administering the Plan. This person must be knowledgeable in infection control principles and practices as they apply to the workplace and employee job operations.
- As frequently as necessary, there must be a reevaluation of the Plan to reflect changes in the facility, employee job duties, new technologies, or workplace policies established by the employer that affect worker exposure to COVID-19 or are in response to updated guidance published by the Oregon Health Authority that is applicable to the employer’s workplace. This reevaluation and update of the Infection Control Plan must include feedback from non-managerial, frontline employees who perform activities that reflect the employer’s exceptional risk under the Rule. This feedback is not required from all employees and may be achieved via a safety meeting, safety committee, supervisor, process negotiated with the exclusive bargaining agent (if any), or any other similarly interactive process.
- Employee Training
For the Exceptional Risk Workplace, the training must be overseen or conducted by a person knowledgeable in the covered subject matter as it relates to the employee’s job duties. Further, the training material must be appropriate in content and vocabulary to the education, literacy, and language of the affected workers. Lastly, the training must provide an opportunity for interactive questions and answers (must be “live” in order to allow immediate response and further clarification, but need not be in person) with a person knowledgeable in the training program’s subject matter and basic epidemiology as it relates to the workplace and employee job duties.
There are additional elements which training for the Exceptional Risk Workplace must include:
- An explanation of the Rule and its applicable appendices and provisions;
- An explanation of contact, droplet, and airborne modes of transmission of COVID-19, including how workers can recognize hazardous work activities that may involve exposure to COVID-19 and how employees can take precautionary measures to minimize their exposure;
- An explanation of the basic risk factors associated with COVID-19 transmission including, but not limited to, behavioral risk factors (this may include non-work activities that are higher-risk activities such as attending large social gatherings); physiological risk factors; demographic risk factors; and environmental risk factors;
- An explanation of the employer’s COVID-19 exposure risk assessment required by this rule and which employee job classifications, tasks, or job duties were considered as part of that risk assessment;
- An explanation of the employer’s physical distancing; mask, face covering, and face shield requirements; and COVID-19 sanitation requirements at the workplace. Where applicable, this information must include any multi-employer worksite agreements related to the use of common areas and shared equipment that affect employees at the workplace;
- Information on the types, use, storage, removal, handling, and maintenance of masks, face coverings, face shields, and personal protective equipment (including respirators) provided to employees by the employer; and
- An explanation of the use and limitation of COVID-19 hazard control measures implemented or installed by the employer. Hazard control measures include engineering, administrative, or work practice controls that eliminate or otherwise minimize employee exposure to COVID-19.
- Healthcare Personal Protective Equipment
- Barriers, Partitions, and Airborne Isolation Rooms in Healthcare Settings
- Screening in Healthcare Settings
This update is prepared for the general information of our clients and friends. It should not be regarded as legal advice. If you have questions about the issues raised here, please contact any of the attorneys in our Labor & Employment Practice Group, or the attorney with whom you normally consult.