As we wait for a decision from the United States Supreme Court on the fate of the federal OSHA ETS, Oregon OSHA also has some decisions to make. Oregon is one of 22 states that has its own OSHA Approved State Plan. This means that the federal OSHA approves and monitors Oregon’s own OSHA programs, including a program such as the ETS.
OSHA states this on its website regarding the ETS:
“Oregon is a state with its own OSHA program. As such, Oregon OSHA has jurisdiction over workplace health and safety in the state. What a new federal standard triggers is a requirement that Oregon OSHA adopts a rule that is ‘at least as effective’ as the federal version.
To be considered ‘at least as effective’ as federal OSHA, Oregon OSHA is required to adopt the same or similar standard by January 24, 2022. Like the federal standard, the anticipated effective date of the Oregon standard would be 30 days from adoption. Oregon OSHA will once again begin discussions with stakeholders. We will continue to monitor legal actions at the federal level and evaluate their potential impacts on Oregon.”
This presents the question of what will Oregon OSHA do if the U.S. Supreme Court does not hold up the federal ETS. In that situation, Oregon could follow suit and not implement its own state plan. Oregon could also choose to adopt and implement its own plan even if the federal ETS is invalidated. For now, we are all anxiously waiting for the U.S. Supreme Court to publish its decision.
Cascade is actively monitoring this issue and will provide more information as we learn more. Please visit our COVID-19 Resource Center for more information and resources to prepare for compliance.