8/24/21: New Oregon Outdoor Mask Mandate Takes Effect Friday

August 24, 2021

By Amy Angel

Update 08/30/2021: The Oregon Health Authority’s outdoor mask rules can be found here and its mask, face coverings and face shields, and physical distancing guidance can be found here.

Governor Kate Brown announced that a new outdoor mask mandate will go into effect on Friday August 27, 2021. The mandate applies to public outdoor spaces in Oregon where physical distancing is not possible, regardless of vaccination status.

Under the new rule, individuals will be required to wear masks in outdoor settings in which individuals from different households are unable to consistently maintain distance. The mask requirement will not apply to “fleeting encounters” such as when two individuals walk past each other on an outdoor public walkway.

Exceptions to the outdoor mask mandate will align with the current exceptions to the indoor mask rule including:

  • Children under the age of five;

  • Individuals living outdoors;

  • Individuals who are actively eating, drinking, or sleeping; and

  • Individuals playing or practicing competitive sports or engaged in an activity in which it is not feasible to wear a mask such as swimming.

The outdoor mask mandate also does not apply to day-to-day operations at K-12 schools which will continue to operate under a separate mask rule for schools. However, outside public events, spectator events, and gatherings of the general public on K-12 school grounds will be subject to the new requirements.

Similar to the indoor mandate, businesses and entities are required to ensure that their employees, contractors, and volunteers wear masks in outdoor public spaces that are under their control, and entities covered by the ADA must comply with requirements to provide reasonable accommodations.

In the meantime, businesses and employers should update their policies, practices, communications, and signage now to be in compliance on Friday, August 27, 2021.

For questions about this mandate or for any other questions related to COVID-19 in the workplace, contact Amy Angel at 503-276-2195 or aangel@barran.com.

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.

 
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8/26/21: OHA Rules for Schools & Healthcare Settings

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8/23/21: FDA Approves Pfizer COVID-19 Vaccine Triggering October 18, 2021 Deadline for Certain Oregon Employees to be Vaccinated