December 23, 2020 3:35 a.m. 

The Oregon Occupational Safety and Health Division is reminding employers that they are not allowed to retaliate against any employees who need to quarantine or isolate due to the COVID-19 pandemic.

A release from the Oregon Department of Consumer & Business Services said the Temporary Rule Addressing COVID-19 Workplace Risks is intended to curb the spread of coronavirus in all workplaces by requiring employers to implement a comprehensive set of risk-reducing measures. The rule is expected to remain in effect until May of 2021.

Michael Wood, administrator of Oregon OSHA said, “If employees have been told or need to quarantine or isolate due to COVID-19, they must be allowed to do so”. Wood said their employer may not penalize them for doing so. If employers do so, Wood said the consequences could be costly.

The release said the potential penalties for violation of the temporary rule is between $100 and $12,750 for a violation that is not willful, and between $8,900 and nearly $125,000 for a willful violation.

Some important aspects of the temporary rule include:

*Whenever the Oregon Health Authority, a local public health agency, or a medical provider recommends that an employee be restricted from work due to quarantine or isolation for COVID-19, the employee must be directed to isolate at home and away from non-quarantined people.

*If an employee must quarantine or isolate, the employer must allow the employee to work at home if suitable work is available and the employee’s condition does not prevent it.

*Employees who quarantine or isolate must be allowed to return to their previous job duties if they are still available and without any adverse reaction.

*Decisions about testing and returning to work after an employee has been in quarantine or isolation must be made in accordance to applicable public health guidance and be consistent with guidance from the employee’s medical provider.

Resources to comply with the rule are available at: https://osha.oregon.gov/rules/advisory/infectiousdisease/Pages/default.aspx