Gov. Brown's Announcements

Per Brown's announcement on May 7, counties can apply to re-open as early as May 15. As of Mar. 13, 33 of Oregon's 36 counties have applied to re-open (Clackamas, Multnomah and Washington Counties excluded). The Oregon Health Authority (OHA) has finalized a statewide testing and tracing strategy as well as a list of pre-requisites that counties must meet in order to be approved for re-opening, including:

• A decline in the prevalence of COVID-19: counties must show a decline in cases for 14 consistent days and have lower ER visits than the historic flu average. • Minimum testing regimen: health regions must be able to test at a rate of 30 per 10,000 per week and a plan that prioritizes symptomatic people and direct contact tracing. • Contact tracing: counties must have a minimum of 15 contact tracers for every 100,000 people, and be prepared to trace 95% of all new cases within 24 hours. • Quarantining: counties must have dedicated shelters for people who can't self-quarantine. • Worker guidelines: industries must adhere to OHA sector-specific guidelines. • Health care capacity: health regions must be able to handle a 20% increase in COVID hospitalizations in addition to normal operations. • PPE supply: regional hospitals must attest to a 30-day supply of PPE, and rural A+B hospitals need a 14 day supply.

For counties that meet these prerequisites, the following sectors can re-open following specific guidelines outlined by OHA:

• Restaurants/bars/tasting rooms: social distancing measures and face coverings will be required for all staff. Only sit down service is allowed and face coverings are encouraged for customers while eating. No temperature monitoring or contact tracing is required. • Personal care (salons, barbers, gyms): increased sanitation is required. Salons will be by appointment only. • Retail: businesses must have one way flow through aisles and tape markings at check out.

In approved counties, crowds of 25 or smaller will be allowed to gather with social distancing requirements still in place. Large gatherings (concerts, festivals, and conferences) are prohibited until at least September, or when “reliable treatment or prevention is available.”

Counties that have been re-opened will be monitored for 21 days. If there is not an uptick in cases they can move to the Phase Two opening which is still being finalized.

On April 14, Governor Kate Brown offered her “framework” for how she will make decisions on when and how Oregon will start reopening businesses. It is the intent to make decisions in collaboration with Washington Governor and California , as part of a tri-state pact announced April 13. She gave no timeline for when the reopening would occur but noted that it will be “slower than anyone wants.” It was also said her decisions will be based on “science and facts”, relying on input from public health and medical experts. Gov. Brown’s next step is to begin meeting with local leaders across the state. She also will work with health care professionals and industry leaders in effected industries to discuss best practices for a business reopening plan.

Governor Kate Brown extended the duration of Executive Order NO. 20-07 (Prohibiting on-premise consumption of food or drink) on April 7.

• This Executive Order (NO. 20-14) remains in effect until terminated by the Governor. The Governor will continue assessing the ongoing public health emergency and will modify or rescind provisions of this Executive Order, as appropriate.

Governor Kate Brown this morning, Mar. 23, issued a new Executive Order with more stringent “Stay in Home” requirements. Unlike other states leaders, Brown chose not to identify “essential” businesses that can continue to operate by allowing employees to go to the workplace, but rather listed business types that must close. In general, those businesses, mostly retail, promote larger gatherings or close contact with customers (e.g.: indoor/outdoor malls, hair salons, gyms, museums). The order preempts local governments from enacting their own measures.

No wine industry function is on this closure list, either vineyard activity or processing at a winery. The Governor’s previous order about winery tasting rooms still stands, which means sales can occur, but no alcohol consumption is allowed.

Some other key provisions:

• Other businesses are not allowed to open “unless the business designates an employee or officer to establish, implement and enforce social distancing policies, consistent with guidance from the Oregon Health Authority.” Industry members will need to do this immediately for their vineyard and winery operations. The Oregon Farm Bureau has developed guidance for agricultural employers. • Employers must “facilitate telework and work-from-home by employees, to the maximum extent possible.” If telework or work-from-home is not available, then a

business again “must designate an employee or officer to establish, implement and enforce social distancing policies.” • The order directs all individuals to minimize travel, except for essential things such as going to workplaces, obtaining food, healthcare, emergency services, caring for family, or other essential services. • A best practice is to give all employees who will report to work a letter confirming that they are employees of the company, which is an “essential business” authorized to continue business. This sort of letter may be especially comforting to employees concerned about police profiling or selective immigration enforcement.

On Mar. 17 Governor Kate Brown announces social distancing measures to flatten the curve of coronavirus transmission in Oregon. These measures are effective until April 28.

• Restaurants, bars, and other establishments that offer food or beverages for sale are restricted to carry-out and delivery only with no on-site consumption permitted. This applies to winery tasting rooms.

• A statewide cancellation of all events and gatherings regardless of size — exempting essential locations like workplaces, grocery stores, pharmacies, and retail stores.

• The Governor has not mandated shelter-in-place, but rather tightens restrictions in the Stay Home, Save Lives edict. However, it is under consideration. California is now under a statewide shelter-in-place mandate. OWA is monitoring this situation closely and working in concert with the business and agriculture communities to provide input to the Governor on language to include vineyard and winery activities as exempt “essential services” in any forthcoming action. The Governor’s office has been given the following language:

o Agriculture, including farming, livestock, fishing and all commercial activities in conjunction with cultivation that are necessary for the production, processing, sale and transportation of agriculture products. o Food and beverage production, processing, packaging, distribution, transportation, storage, warehousing and delivery services. o Restaurants and other facilities, including schools, that prepare and serve food and beverage, but only for delivery, carry out or drive-through. o Businesses that ship or deliver groceries, food, goods or services directly to residences.