On March 23, 2019, Oregon Governor Kate Brown issued Executive Order No. 20-12 in response to the rapidly spreading coronavirus pandemic. This executive order is not a shelter in place order or a stay at home order, but it does dictate how businesses must operate in Oregon for the foreseeable future. This article is meant to serve as a basic outline to Oregon businesses. A link to the executive order can be at the end of this article.
Non-Essential and Essential Businesses
Oregonís Executive Order No. 20-12 does not identify essential services or essential businesses, or define what is a non-essential business. Instead, the order prohibits the operation of certain businesses where personal contact is difficult or possible to avoid. While this is not an exhaustive list, the types of businesses that are prohibited from operating include gyms and fitness studios, spas, yoga studios, barber shops, hair salons, and cosmetic stores. The complete list is provided on Page Four of Executive Order No. 20-12.
There are a number of businesses that may remain open and provide curbside services. For example, jewelry shops and boutiques may provide goods exclusively through pick-up and delivery services. Restaurants and bars are prohibited from allowing customers to eat at their restaurant, but may provide take-out and delivery.
Social Distancing at Work
Businesses that are not able to facilitate remote work or work-at-home may continue to operate, but must implement social distancing policies that are consistent with the guidance from the Oregon Health Authority. These businesses must also designate an employee as the safety officer to enforce the social distancing policies.
The Oregon Health Authorityís guidance directs Oregonians to: (1) maintain 6 feet of distance with other individuals; (2) wash or sanitize their hands after contact with any surface; (3) not touch your face except after washing or sanitizing your hands; and (4) to generally avoid groups and contact with other people. The Oregon Health Authority also recommends individuals stay at home and consult with a doctor if they have either a fever over 100, a cough, or shortness of breath. A link to the Oregon Health Authorityís social distancing guidelines are provided below.
Rules Applicable to Specific Businesses
Executive Order 20-12 also addresses the operations of several specific types of businesses as follows:
Restaurants: Restaurants, bars, taverns, brew pubs, wine bars, cafes, food courts, coffee shops, or other similar establishments that offer food or drink are subject to Executive Order 20-07 which prohibits on-premises consumption of food or drink, and permits take-out and delivery services. A link to Executive Order 20-07 is provided below.
Shopping Malls: Shopping malls are not prohibited from operating to provide food, grocery, health care, medical, pharmacy, or pet store services.
Childcare Facilities: Executive Order 20-12 permits childcare facilities to stay open if certain conditions are met, particularly: (1) the childcare must be of 10 or fewer of the same group of children in a classroom that is not accessed by children outside of the group; and (2) childcare facilities must first prioritize the childcare needs of first responders and health care professionals. The Governorís executive order also delegates authority to the Oregon Department of Education, Early Learning Division to create rules in response to COVID-19. Thereafter, the Early Learning Division issued a news release stating that child care providers were permitted to remain open if they complete an application to operate an emergency child care facility. Here, are links to the news release, and to the emergency child care facility application.
If you have any questions in regards to how your business should operate in the wake of Executive Order 20-12, or if you need assistance with establishing safety policies while you remain open, please do not hesitate to contact Tim Elliott or Ian Osteen at our office at (541) 383-3755.