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New Oregon “Stay in Place” Order Permits Construction Industry Work Under Distancing Policies



On Monday, March 23rd, Governor Kate Brown issued a new executive order for the state, further limiting personal interactions. It appears that construction industry businesses are not subject to the order so long as the business designates “an employee or officer to establish, implement, and enforce social distancing polices.”

The executive order is available here.

The press release accompanying the order states, in part:

“Following this order will save lives, while still allowing businesses to function if they can protect employees and customers through social distancing. There are other businesses that make robust plans to meet social distancing requirements—and enforce those requirements—may remain in operation, preserving jobs while ensuring health.

This distinction from closing all businesses except for those categorized as essential as mandated in other states, aims to minimize unintended consequences and add clarity for businesses who can adjust their business models to accommodate vital social distancing measures.

Other retail businesses will not be able to continue to operate unless they can implement strict social distancing measures and designate an employee or officer charged with ensuring compliance.”

We generally encourage businesses to specifically, in writing, designate a person at each project site who is authorized to implement and enforce your company’s social distancing policies, as stated above. Keeping a record of compliance with this order is important to make it effective and to establish a record for your company.

This post is not legal advice, but simply an effort to inform you of current events. We are happy to discuss this with you and provide legal advice—contact any member of our Construction team for more information.

Click here for more information on Miller Nash Graham & Dunn's COVID-19 coverage, resources, and continuing operations.

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