Important Update to Governor Brown’s New Face Covering Requirements for Businesses

Published Friday, June 26, 2020 4:00 pm

Earlier today, we issued an alert regarding Governor Brown’s new face covering requirements. After our earlier alert was published, the Oregon Heath Authority published new guidelines walking back portions of the previous guidelines.

To clarify, the new face mask guidelines only apply to specific businesses in Clackamas, Clatsop, Hood River, Lincoln, Marion, Multnomah, Polk and Washington counties.

The businesses covered in these new guidelines are:

Grocery stores; Fitness-related organizations; Pharmacies; 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.

Phase Two counties only: Indoor licensed swimming pools, licensed spa pools and sports court operators; Indoor entertainment facility operators; Indoor recreational sports operators for specified sports; Indoor venue operators.

To summarize, the covered businesses must require employees, contractors and volunteers to wear a mask, face shield, or face covering, unless an accommodation is required or an exemption applies. Covered businesses must also provide masks, face shields, or face coverings for employees and provide for accommodations and exemptions from the mask, face shield, or face covering requirement for employees, contractors, customers and visitors if such accommodations or exemptions are required. Moreover, covered businesses must post signs about the mask, face shield, or face covering requirements.

Covered businesses should but are not required to provide, at no cost, at least disposable face coverings for customers and visitors who do not have one; Post signs about the mask, face shields, or face coverings requirement in languages that are commonly spoken by customers and visitors; and educate employees on how to safely work and communicate with people who cannot wear masks, face shield, or face coverings and that they may need to remove a mask or face covering while communicating with an individual who needs to read lips or see facial expressions to communicate.

Please don’t hesitate to reach out if you have any questions.

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