NOTICE OF PROPOSED RULEMAKING

PUBLIC HEALTH DIVISION

FILING CAPTION: Adoption of a rule requiring masks to be worn in indoor spaces in Oregon

LAST DAY AND TIME TO OFFER COMMENT TO AGENCY: 01/24/2022 5:00 PM

The Agency requests public comment on whether other options should be considered for achieving the rule's substantive goals while reducing negative economic

impact of the rule on business.

CONTACT: COVID Response and Recovery Unit

503-945-5488

HEARING(S)

NEED FOR THE RULE(S)

The Oregon Health Authority (Authority), Public Health Division, is proposing to adopt an administrative rule under

chapter 333, division 19, pertaining to the wearing of masks, face coverings or face shields in indoor spaces to control

the spread of COVID-19. The Authority proposes that individuals be required to wear a mask, face covering or face

shield when in an indoor space, with few exceptions.

COVID-19 infection is transmitted predominately by inhalation of respiratory droplets generated when people cough,

sneeze, sing, talk, or breathe. Studies show that masks and face coverings block the release of respiratory droplets into

The burden of COVID-19 disease has fallen disproportionately onto vulnerable communities and communities of color

in Oregon. Systemic racism and historical and contemporary injustices have led to health inequities in the state and

these injustices are the root cause of COVID-19-related health inequities seen in Oregon today. Communities of color

are overrepresented in the service industry and across the nation, there has been disproportionate burden of COVID-

19 disease in this sector. By adopting this rule, the Authority seeks to reduce the disparate impact of COVID-19 on

these communities who have had inequitable outcomes from COVID-19 disease. Wearing of face coverings in indoor

spaces is an evidence-based, accessible intervention that protects all people in Oregon by slowing the spread of COVID-

19.

DOCUMENTS RELIED UPON, AND WHERE THEY ARE AVAILABLE

19HospitalCapacity/BedAvailabilitybyRegion

• COVID-19 Weekly Report (12.01.2021): https://www.oregon.gov/oha/covid19/Documents/DataReports/Weekly-

Data-COVID-19-Report-2021-12-01-FINAL.pdf

• COVID-19 Breakthrough Report (12.02.2021):

https://www.oregon.gov/oha/covid19/Documents/DataReports/Breakthrough-Report-12-02-2021.pdf

• The Science of Masking to Control COVID-19: https://www.cdc.gov/coronavirus/2019-ncov/downloads/science-of-

masking-full.pdf

• Science Brief: Community Use of Cloth Masks to Control the Spread of SARS-CoV-2:

https://www.cdc.gov/coronavirus/2019-ncov/science/science-briefs/masking-science-sars-cov2.html

• Guidance for Wearing Masks Help Slow the Spread of COVID-19: https://www.cdc.gov/coronavirus/2019-

MMWR Morb Mortal Wkly Rep 2021;70:1059-1062. DOI: http://dx.doi.org/10.15585/mmwr.mm7031e2

• Christie A, Brooks JT, Hicks LA, Sauber-Schatz EK, Yoder JS, Honein MA. Guidance for implementing COVID-19

prevention strategies in the context of varying community transmission levels and vaccination coverage. MMWR Morb

Mortal Wkly Rep 2021;70:1044–7. https://doi.org/10.15585/mmwr.mm7030e2

• Donnelly, Kale. The Diversity of Oregon’s Industries. Employment Department, State of Oregon. November 23,

2020. https://www.qualityinfo.org/-/the-diversity-of-oregon-s-industries

• Sobolik JS, Sajewski, ET, Jaykus L, Cooper DK, Lopman BA, Kraay ANM, Ryan PB, Leon JS. Controlling risk of SARS-

CoV-2 infection in essential workers of enclosed food manufacturing facilities. Food Control. 2022.

of age, by occupational sector and occupation: March through October 2020.

https://doi.org/10.1101/2021.01.21.21250266.

• 2020 Small Business Profile: Oregon. U.S. Small Business Administration, Office of Advocacy.

https://cdn.advocacy.sba.gov/wp-content/uploads/2020/06/04144149/2020-Small-Business-Economic-Profile-

OR.pdf

FISCAL AND ECONOMIC IMPACT:

The wearing of masks in indoors spaces reduces the transmission of COVID-19, and by extension, reduces

hospitalizations and deaths from this disease. Decreased hospitalizations and deaths from COVID-19 reduce costs

associated with managing and treating the disease.

related to reviewing and responding to questions and complaints about the rule and compliance complaints. State

agencies may have somewhat increased costs related to employee or customer requests for ADA accommodations, and

costs associated with providing masks if individuals who need access to state offices don’t have a mask. These same

costs may be borne by local governments.

The Authority expects minimal costs to the public; however, members of the public will bear costs associated with

purchasing masks for themselves and their families.

(2)(a)

• Generally, this rule applies to all businesses in Oregon. Businesses include an individual, organization or entity

• Employers may have administrative impacts to train staff, contractors and volunteers on complying with the rule.

(c)

• Businesses are required to post signs (and post updated signs, when applicable). Therefore, businesses may have

printing costs associated with ensuring signs are posted in visible locations at the business site(s).

DESCRIBE HOW SMALL BUSINESSES WERE INVOLVED IN THE DEVELOPMENT OF THESE RULE(S):

The Authority included small businesses and organizations representing small business on the rules advisory

committee, which met on December 2, 2021. The committee reviewed and provided feedback on the Authority’s

proposed rule text as well as on the draft Statement of Need and Fiscal Impact for the rule.

WAS AN ADMINISTRATIVE RULE ADVISORY COMMITTEE CONSULTED? YES