Sign Oregon Banking Business Plan Template Safe

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what's going to happen and what the new rules are are going to be a few weeks ago i heard paloma speak on a obi call about the new rules and uh she's graciously said she'd be glad to come talk to us oh diploma is the vice president and general counsel for oregon business and industry obviously she's embedded into osha right now so she's a great person to have on so paloma i'm going to turn it over to you if everybody would um keep their mics on mute and then we're going to you can do questions by chat easy and and will ferial and i all help out with that diploma so okay great thank you um so i'm gonna i've got a little powerpoint that i will share with everybody okay um so as janet said i'm the vice president and general counsel for obi i also do i have a background in employment law and so i do a lot of the work on general employment staff workers comp and osha i also am a member of osha's partnership committee which is their stakeholder committee that meets sort of regularly to talk about rulemaking and i've been deeply involved in these osha rules since they were proposed so i'm gonna try and go quickly so i can get to folks questions if you have them um so how we got here is that labor proposed legislation that would have created an infectious disease standard they have attempted to do this at the federal level and have been rebuffed we successfully defeated the legislation unbeknownst to us um several legislators and labor had made an agreement with oregon osha to do a rulemaking anyways so that is how we got here so right now what we're talking about are the temporary coveted rules um as soon as these are finalized we're going to pretty much launch into the permanent rulemaking permanent rulemaking will have a making advisory committee of about 50 folks those will be the official members of the advisory committee but anyone will be allowed to participate as we've been told the temporary rule discussions have sort of been stakeholder forums and the partnership group um having conversations about that they just had the sort of uh impromptu meaning of the larger advisory committee to talk about them so the first draft rule came out on august 17th um there were a lot of problems with it um they got a lot of comments i think 1700 comments on that first draft we got a next draft we got on september 25th um so we got just over the weekend to review those rules and be ready to have a conversation about them on september 28th and 29th um a note um osha's website has not been adopted has not been updated but the administrator of oregon osha has told us that the rules will be adopted by october 21st and will go into effect by november 1st um he has said despite the fact that these timelines have changed many many times in these conversations this is the last change that there will be he will adopt them by october 21st um so some basics on the rules um you know a lot of folks have already been operating with these social distancing protocols maintain six feet um so it's really a clarification in the rule of sort of what most of us have been working under but um if distancing can't be maintained at all times face masks need to be worn so if you're going to have employees that are going to have to be closer than six feet in those interactions they need to wear face masks the vehicle capacity issue is new and it's been a real struggle particularly in the ag industry how we work around that but essentially it's half the capacity but no more than two whichever is greater unless all individuals um are in the same household um there's also provisions around the size of rooms so um if a room is less than 200 square feet all individuals need to be wearing face coverings if you're going to have a large area where multiple people are working and the general space that each individual has is less than 35 square feet then each individual needs to be wearing a face covering so more or less covered this but face coverings will be required at all times when people are in vehicles um employers must provide the face coverings note oregon osha expects employers to enforce this requirement for everyone who comes into your building so if you're going to have people interacting at any time closer than six feet you know there are certain industry specific rules that are going to be much more expensive about when face coverings are required for example in retail everyone who walks into a store needs to be wearing a face covering um this has been a challenge already in the retail sector so i have been pushing for some sort of explicit exemption from the bureau of labor and industries explicit language from osha the governor's office about what we do when somebody says that they can't wear face covering because of a medical issue or disability we're still pushing to get that language clearly stated from the state but overall what we've heard from bully is it's not a reasonable accommodation to allow somebody in a workplace without a face covering um that would fit under the existing undue hardship language but we're trying to get that more a clearer statement on that the current draft is draft drastically improved um from the original draft we saw the original draft said that we had to clean all high touch surfaces in between each person's touching of them it also said that we had to sanitize between shifts that gets very complicated in workplaces that have multiple overlapping shifts the new sanitization requirements say that we only have to do it every 24 hours um obviously there's going to be lots of workplaces that are going to want to do it more often but the requirement now is 24 hours there's also additional requirements for building operators so if you operate a building that you have tenants in those building operators are going to have requirements for common areas for entrances elevators stair rails all that sort of stuff um the ventilation requirements are new in the latest draft um originally we had been told as many we've been told many things by michael wood that turned out not to be true but it's fine um we had originally been told that there would be no new requirements for hvac systems but now there are so um overall what we're trying to get is one for the division to recognize that you know doing changes to our hvac systems requires access to service providers to come and do that work for us in many cases and that's going to be become a limited resource um so recognizing sort of what we can do but in essence make sure airflow is operating at all times when employees are in the workplace um maintain and replace filters as needed make sure vents are cleaned um that sort of stuff um i know a number of us that have had sort of filters that were impacted by the fires are going to have greater needs to have service providers come out and service our equipment so that's also going to be pose a challenge um then all workplaces have to have a distancing officer that doesn't have to be anyone with any sort of special training it's just somebody who's going to be in charge of making sure that the rules get enforced it can be the business owner it can be an employee who has other responsibilities so those are the sort of general requirements on that the new thing is the exposure risk assessment in the original draft this did not apply to all employers now it does so all employers must conduct a risk assessment there's a series of questions essentially um how much will people come in contact um well what will you do about face coverings um you know there's a whole list of questions which if there are more detailed questions i will go through that whole list for you all um so osha has provided what those questions will be um employers with 10 or more employees have to have that that exposure exposure risk assessment done in writing um and the part that has given us some angst in terms of how long we think it will take for employers to be able to get an exposure risk assessment completed is the requirement that we get feedback from employees on the exposure risk assessment um i am i personally and maybe this is because i'm an employment attorney and so i always expect the worst um but i do have some concerns about what that means especially if you've got um you know labor agreements in place and how those will interact um another improvement in this rule is that originally osha was going to require all employers to provide two weeks of paid leave for medical removal needed for quarantine or isolation that paid leave element is no longer required now the way that they've written the current draft is uh we've had some poor drafting throughout this process and this is definitely one of them because they the rules talk a lot about reassignment to other duties um but in general that means that somebody needs to be working from home uh so we've put we've submitted some clarifying language about you know work from home if work from home duties are available um if the employee can still do what their job task is while working from home um if working from home is not an option then the employee is going to use unpaid leave or their existing leave banks there's also a new quarantine time loss fund that was established using cares funds so that 30 million and employees can apply directly doesn't have any interaction with the employer it's just so if if that employee has to go out on unpaid leave they could apply with the state and get their wages replaced the rule also provides that employees can return to their previous job duties we've put some clarifying language forward about to the extent those job duties still exist um because this is going to be a problem in various industries where you may have hired somebody to do one do one job but that job may be going away um that's particularly true in agriculture um something to be aware of as employers um the existing retaliation protections under oregon's oregon osha's authority is really broad um so employees could bring a claim saying i went out on leave i came back and i was reassigned or was given a lower wage or whatever and then they could bring a complaint saying that they were retaliated against so um this is an area where you're going to want to sort of tread carefully then all employers are required to post this poster that osha is developing um they will not have the poster done until the rules are done i expect we won't see it until after november 1st we've been assured that that fact means that they cannot be holding us liable for the fact that we don't have the poster posted if they don't have it done um an area of concern in the current draft is the fact that it has us posting in so many places so every entrance interior door bathroom doors break rooms common spaces um there's also a posting requirement for building operators to have it in common spaces and bathrooms um you know the more the greater number of places they tell us to post them the sort of greater administrative burden that creates and sort of room for accidental error um i've tried to get them to align this poster requirement with what is existing posting requirements which is generally speaking where employees are likely to see it you know we all put them in the break rooms or somewhere like that so we're trying to get that to be a little bit more reasonable tbd on how much that whether or not they will do that or not then um employers are required to provide training to employees on all these rules and any new policies that you may adopt in line with these rules so it's going to be the distancing requirements the face covering requirements if you're going to try and have a traffic flow control in your office or your workspaces if you're going to do staggered lunch breaks stuff like that you also need to have a process for how employees will report possible infections and this process also requires that you engage with employees my recommendation so there's various options about how you do this how you have this communication my recommendation would be either you have an all staff meeting or you have a safety committee meeting or several safety committee meetings where you have this conversation because that is an option then um oregon ocean so they may have bit off more than they could chew with this rule making um this is a lot of work uh trying to jam it into a relatively small period of time so organosia is drafting industry-specific appendices so most of those are tailored against our tailored are sort of after the organ health authority guidances that we've all seen um so some of those will just be incorporated into the rules into these dependencies some of them may be brand new they're not done yet i've only seen a handful of them we expect more to come out we've been told to expect them by friday um those appendices will be mandatory and will be in addition to what is in the administrative rules so if you're in the retail sector or you operate a gym or health club you're going to have different requirements that are separate and in addition to what's in the administrative roles then i have sort of left it to the healthcare folks to um do their edits and feedback on the healthcare industry rules we've definitely provided some feedback about some of our concerns about what's in them but um those are they're much more strict rules um they have a much higher burden and my concern on these rules is that there are sort of they've written rules that are generally targeted at sort of really hospital type scenarios people scenarios where people are obviously and always handling things that would be infectious but they're sort of sweeping in all sorts of industries that are healthcare but may not be at such high risk there's also the concern that you could have in a workplace that is a health care workplace and therefore labeled as exceptional risk but you could have employees who are physically separated from that risk those risk activities and we want to clarify that those employees so let's say your hospital but you have clerical staff that is in a separate area they don't interact with patients they don't interact with things that would be exceptional risk so we want to make sure that those people aren't necessarily required to meet the same standards as are required for people who are in sort of direct care settings so healthcare has to have an infection control plan they have to have much more strict requirements the hvac requirements mean that they have to have um air exchanges six times an hour at a minimum um so we're trying to get some more feedback um since i'm submitting general coalition comments uh to oregon osha so next steps um we are going to submit feedback by thursday we'll have another stakeholder meeting on the 12th and the division plans to adopt the rules by october 21st with an effective date of november first and i expect many of you will have questions all right so right so if you have your questions put them in zoom i had a question about the um face mask requirements for customers i'm in retail and we've had quite a few people you know because of the medical condition or because they just don't want to saying that they don't have to wear a face mask um i'm just going to just curious what the rules are going to be for that yeah so despite our pleas um oregon osha has taken a really hard line on this so what they've said is that the business has to enforce the requirement that people wear face face coverings you can offer a combination of curved side pickup will pick up for you schedule whatever um but that you can't allow people to come into the store without a face covering that includes if somebody has uh claims a medical issue disability or simply doesn't want to um we have explained to oregon osha repeatedly that one that puts our employees in a really bad spot um that people have lots of feelings about face coverings yeah um so that's part of why i've been pushing um for bully and osha and the governor's office to put out a really clear statement about what our obligations are and what our obligations are not um but oregon has taken a harder line on this than most states at least i i work a lot with the national retailers and they're astonished by this position but um oregon osha has been citing businesses retailers for not enfor ing um your best bet is to make sure you have a really clear sign um you might yeah i would argue put up organ osha signs to or the health authority signs um and you know don't tell anybody that you have a policy that you won't enforce gotcha yeah because right now the whole problem is just all these people with the well i have a medical condition so i don't have to when they say that can i i mean so i new rules is i'm sorry that's not not good enough excuse to be in this building you have to wear a face covering period and then i've had people come back with like well that's not the law you don't know the law and then trump and whatever um yeah i mean your response is that's what the state regulators are telling us to do you know i'm sorry but you know those are the rules just do it um and what is the punishment for like getting sighted like is it like a fine or is it a so we can sort of run the gamut um it's a usually it's a fine um if osha if the osha inspectors feel like you've taken a stance that you are not going to enforce the requirement um they can increase the fines and they can get quite hefty um sort of the baseline fine is i think around 500 but it can go all the way up to the hundreds of thousands um if they feel like you are just ignoring them thank you okay we're going to take some other questions by chat now um if everybody would do that uh first one is for businesses with multiple locations is 10 or more employee rule is this per location no it's not per location it's if you have 10 okay so okay one rule okay um what about counselors therapists who have clients that want to meet in person it's not medical not personal services will there be guidelines for that situation those would fall under the general employer requirements um so or general expectation i would say if you want to meet in person you would just make sure that both people are wearing face coverings um because you'd be two people in a relatively small space okay um we have a question about can you send me the presentation so we can distribute it thank you okay so are there different rules for hair salons and nail salons not anymore um there were in the original draft um but those have been eliminated but they are we've been told uh working on appendices or an appendix specific to personal services so the a question i would have is around the ventilation how do you know if your building is being circulated appropriately is there a test they come in and do or we have to do um i would say that the best way to do it is call your servicer and have them just check to make sure that everything is operating according to specs um i've submitted some additional comments that say you know we just have to make sure that our hvac systems are up to manufacture recommendations okay so will osha be publishing some kind of template for the written policy not for the policy but there are a list of questions um we so the questions that they want employers to ask are written into the rules okay so is it required to complete a risk assessment for every job classification or one risk assessment for multiple job classifications one risk assessment for the workplace so all of your employees manufacturing environment one risk assessment yep okay interesting and a question about a question are the questions on the osha site now they haven't been put out yet have they no they are in the rules um which are on the osha site so readily available are you looking here i will put them in the chat that's great thank you um when the coven 19 poster becomes available will it be um will we be able to download it from osha yes okay and you can distribute so if you've got workplaces that are still working from home you can distribute it electronically so it has to go to home workplaces too yeah so okay so that's the goodies where are you going to put yours coloma you don't have to post it you just have to make sure that all employees get it okay so um just a little bit longer are you hearing a public safety job specific appendix being written for example an ambulance has two seats meaning only one person and no person caring for the patient or a police vehicle with a trainee and field training officer riding up front now they can't arrest and transport an adult into or juvenile in custody due to jail what what are they going to do about those kind of good questions yes there are public safety appendices being worked on um there's a specific exemption or language for firefighters i don't know if those have included um police and uh ambulances yet interesting other questions out there what does it mean to sanitize is that you can spray with lysol or do you have to wipe everything down um their definition is fairly general um that you just have to clean it um so you can spray it with lysol wipe it down all sorts of different options okay i'm sure there's more questions out there if two oh here's one no we already oh okay if two separate companies share the same office warehouse break room do they need to double the number of signage required not signage but they do have to um cooperate on the analysis and um sort of have general shared duties so there's a multi-employer worksite provision in the rules okay and do these rules apply to everybody or is there a cut off like if you have less than 10 employees you don't have to do these so all of the requirement the only thing that doesn't apply under 10 is that your infectious um your risk assessment analysis your exposure risk assessment only has to be only has to be written if you have 10 or more employees everyone has to do one um but all of the other distancing requirements face coverings everything applies to all workplaces regardless of size so is osha still taking comments on the rules or is that been closed off they appear to still be taking comments um so you would send them to i believe i'm gonna get that right uh oh i'm gonna put it on here uh it's tech web let me pull it up tech web at osha hold on i need to there we go t-e-c-h dot w-e-b at oregon.gov and i will copy this and paste it also thank you are there capacity limits still placed on restaurants those will be in the appendices and i do believe that they have that what we've been trying to get them to do is sort of stop with the oha guidance osha guidance overlap so while it's currently a nightmare in the osha rules the plan is to make it so the osha rules contain any oh guidance and everything is all in one place but the division is still working on those those appendix appendices so as we go along like today the governor has had another press conference i'm not sure what the announcements were but can she change things from what's in osha by having a press con conference and making a statement a rule um not not by mere statement but she could do another executive order updating replacing any number of things as long as the emergency order is still in place um and that could sort of be and that could replace um so she has the authority through the emergency powers to do just about anything she wants um [Music] or oha guidance which would then be enforced by osha could be could be released how is osha going to get to every business in oregon that can't do all this all the time right yeah i mean so i guess i would also since i've got you all here um there's a couple actually i'll get to this one question i just saw um so yes when the rules go into effect on november 1st they'll be in place for 180 days those will be the temporary rules meanwhile we'll pretty much immediately launch into permanent rulemaking around sort of a broader infectious disease control rule most of which will be modeled after these covid rules so these rules will stay in effect until around april but they will adopt the new permanent rules before the temporary rule expires um or what are they going to do so just a little bit maybe about sort of how the osha process works um because a lot of people are going to get contacted because osha has gotten a complaint which means somebody has called them has emailed them written them and said so and so store business isn't enforcing uh the mask requirement or you're gonna get employees who don't feel like social distancing is being maintained enough osha will then send a letter to the employer and say we've received this complaint that you are not doing xyz please respond you have seven days to respond now that communication from osha doesn't mean that you're in imminent danger of a citation um but please do respond within seven days because then you might then they will assume that you are conceding that you're doing this thing that you've been accused of doing the so there's that and then there's osha inspections osha occasionally will just do randomized no notice inspections um and what i've recently discovered is sometimes the osha administrator also comes along and does those inspections um so you're gonna wanna so when that happens you sort of do and the same thing you make sure you send in a response you address all the things that they've said um and you want to make sure that you're saying you for your benefit as the business it's not required necessarily that you have everything documented about how you're going to handle masks or social distancing but for your benefit i would recommend that you do have something written you have pretty clear policies or at least just a generalized safety plan or covet 19 plan um that you could then respond with and say no no this is what we do this is our policy um so um and occasionally the inspectors are going to say things sometimes to people that don't make sense um or it's a weird game of telephone of well your sign wasn't big enough well that's not a requirement or you seem to have people are telling us that you have a policy and you respond and say our policy is to enforce all the requirements of these rules and that is what we are doing um so just a couple of best practices um i've had sort of competing businesses also sometimes will file complaints i've had that happen um so just some things to be aware of so do policies need to be included in the personal policy manuals that we have no no i would recommend that they be kept separate so we we aren't reckoning because one right coven will go away that's true other questions or comments out there can you hear me this is lindsay i i was just going to share our company has received complaints so i can kind of tell you the process we've gone through as you mentioned osha is pretty darn busy right now so the first time we got a complaint it was about signs and policies and things like that so we did respond in a letter form in seven days and we took pictures of all our postings all of our policies and returned them to them so that kind of nipped that in the bud the second call was i believe a customer called and said they didn't think we were wearing our mask we do require all of our employees wear masks but they just made a phone call to us and just said hey i just want you to know we're not going to do any other follow-up so but our concern is if we get a lot of those at some point it could initiate a visit so far knock on wood it has not but if one employee is seen without a mask somebody can report that to osha so it is really important to follow it and get your employees to follow it because we feel like we've crossed every tea and dotted i and we're still getting complaints so yeah and that's just um especially in the times that we're in that's going to happen people are going to file complaints people are gonna feel like they know how to run your business better than you do um you know your best option is to keep yourself calm [Music] keep your employees calm um to try not to react to it um because it's gonna be it's frustrating um you know yes one of the other one of the other things that we have learned is you don't always necessarily want to know who made the complaint even especially was an employee because then an employee files a complaint under the whistleblower saying that we retaliated against them so if you get a complaint my my recommendation is just follow up on it don't worry about who made it yeah um i would also say any of you are welcome if if there's something specific in the rule that you'd like me to flag and you don't want to send it to them um feel free to send it to me i'm going to send janet my powerpoint that's got my email at the bottom of it on the last slide you're welcome to send me anything and i will do my best to communicate it uh we're going to try and get some coalition comments in in the next day or so there's another question in the chat then um the store currently well maybe you didn't get store currently sanitizes the store every two hours with the new rules we only have to do that every 24 hours unless they decide to do it more often i would stick with your current schedule whatever is that you're doing currently as long as it's at least every 24 hours i would stick with what you're doing right now here's another question in the chat does the ventilation requirement apply when no hvac system exists in the building wondering how you wouldn't have an hvac system um i mean if you don't have an hvac system you're gonna need to figure out i think some ways to make sure you've got some airflow um but the risk the reason why the hvac requirements are there is that the hvac system can be a way of distributing the particles and that's why they want the filters to be regularly replaced make sure things are clean so that airflow is moving so that you're not getting a situation where somebody in one part of the building may be infectious sneezes it goes into the air flows into the hvac system and then is somehow distributed to other employees um so i would say you just want to make sure that you've got good air flow if you don't have an hvac system and masks so i've got the the building with no hvac system and it is uh it is a like a manufacturing facility so there's no vents or anything like that it's just there's like a one big open room and there's a heater but it's just like a ceiling mount propane or natural gas heater that just flows into the room so there's not really like there's no air that's being circulated from one place to the next is that yeah and i think in that case um you're fine because you don't have an hvac system um i would make sure once you're in the position of you've written you've done your sort of exposure risk analysis um i would just make sure that employees feel good about that um if not you may want to we're pretty low risk we have three to four people working in over 6 000 square foot space so they're really spread out um and then there's high ceilings so i think the risk is exceptionally low compared to some facilities yeah so in that situation um i would say as long as each individual has sort of a 35 square feet around them 150 square feet around yeah you're fine yeah okay all right um can i tag one more question on there can you still use like a a physical barrier if you have areas where a six foot can't be maintained like can you use the uh plastic sheeting or something no under the new rules um somebody would have you'd have to wear masks okay you couldn't like if you had like we have an entrance to a hallway that has you kind of gotta walk past one desk to get there you can't just like partition that desk off to make it they've taken out all of the language related to barriers i think they felt like it was too confusing and too much room for error okay um and so they've just said if six feet is impossible masks or face coverings okay all right sounds good thank you yeah other comments i don't see any more coming up do you have final oh wait is there language saying that face shields are okay instead of mass yes face shields are okay they fit under the definition of face covering um they have very they have specific sort of they have to go under the chin and around the side of the face so they're specific so question about should they take the barriers that are up down no those i would leave them in place but just recognize that face coverings the expectation is that face coverings are required um from the chin um i think the concern is there are some face covering some face shields um that don't come around the side o the face that are very just very front focused and that osha does not think that those are compliant but there's a very clear definition in the rule of what is a compliant face shield um that was me that asked me sorry janet can i ask you it was me that aspect i've seen i'm at the carousel and so sometimes we have people who come in with the face shield that comes up from the bottom of the face and it's this tiny little thing barely covers the nose and i that would not be complaint okay because i've seen a lot of people wearing them and i've told my staff that those are not compliant but i just wanted to confirm that that is true yeah okay thank you i've seen those a lot in nail and hair salons too so lisa does say they mentioned physical barriers in the risk assessment in engineering controls yeah they're just not a replacement in the original draft rule you could use physical barriers as sort of a replacement for physical distancing or masks and now those can be engineering controls but they can't be replacements for face coverings everybody's got to wear a face covering is what i'm hearing essentially okay here's one i've seen lace and curtains or hankies at large retailers do the new rules address the material of face coverings they do to a certain degree they address sort of what can if the material is such that that a droplet could travel through it so lace that would not be compliant but the little disposable masks are fine the paper ones are fine okay so if somebody comes to your business wearing something like the half half shield plastic or or the lacy or whatever you again you can't let them into your business yeah i would recommend handing them over a paper mask i know it's great information so thank you you'll be sending us the powerpoint and we'll get it out to everybody that's been on this call and i know it's been recorded too if somebody wants that recording we can get that out to you um yes did you answer the question about the 180 days yeah so the temporary rule will be in place for 180 days but it will be replaced by a permanent rule um [Music] if you're here there's a couple more now okay uh so let's see i assume by your own office you mean that you're the only person in it um as long as you are in your own office space um and you're the only one in it you don't have to wear a face covering while you're in that mat in your office you would have to wear one in common areas um and then let's see is there another one i thought there was if you were in an open space do you have to visibly mark the six foot distance it doesn't say that you have to visibly but i would probably unless if it's so clear that everyone has 35 square feet around them um i would mark six feet if if if the risk is that people are going to come closer than six feet you would i would suggest marking it it doesn't say specifically so okay and does the distancing apply to cubicles yeah um so they haven't been terribly specific about the cubicles um in general i would say if if somebody is within a cubicle and that cubicle has 35 square feet you're probably good um and there's not another person closer to them than that or if the walls are of a certain height if the walls are shorter walls and you've got two people relatively close to one another that's gonna be challenging and you're probably gonna want face covering um it's a great crazy world yeah um i would say um i don't think you need to keep your door closed if you're in your own office you can have your door open um i do when i'm in my office um i just if somebody comes to my doorway i put on my mask and they know to have on on a mask when they're walking down the hall towards my office we've gotten to all of them everybody's just telling you thank you paloma thank you very very much so um we'll get the information out your email your email will be on there so you might be bombarded with more questions that's fine thank you for defending business with osha too it's greatly appreciated thank you i'm happy to do it all right all right everybody we'll um see you at the next one thanks