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Changes to the Payroll Protection Program will assist with Oregon’s industry survival rate
FOR IMMEDIATE RELEASE: January 29, 2021 Contact: Jason Brandt, President & CEO, ORLA 503.302.5060 | JBrandt@OregonRLA.org Featured Industry Operator | On-Site Access: Shannon McMenamin, McMenamins 503.804.3556 | Shannonm@mcmenamins.com Wilsonville, OR– Applications continue to be submitted in real time for the next round of Paycheck Protection Program (PPP) dollars available to Oregon hospitality operators through the passage of the federal government’s $908 billion Coronavirus relief package. “The changes negotiated on behalf of our nation’s hospitality industry are considerable and will directly assist small businesses in their push to survive the prolonged nature of the COVID-19 crisis,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “Oregon’s hospitality businesses have been applying at a feverish pitch for the program in partnership with their lending institution and the benefits of round two are considerably better compared to the benefits of round one.” A number of boosts from the federal government should make a considerable difference in the number of hospitality businesses able to hold on–although hundreds if not more are still expected to permanently close their doors in Oregon alone. Recent benefits secured include:
“Local, family-owned businesses like us (McMenamins), that have grown up here in Oregon will find it increasingly difficult to stay afloat if the current relief measures are not combined with more sustainable operations,” said Shannon McMenamin who helps lead the family business of pubs, breweries and historic hotels. “We are incredibly limited in what we can do to keep our people employed in an unpredictable environment without more flexibility from Governor Brown and her professional staff. I know we can provide some indoor dining safely right now.” Brandt echoed the call for more sustainable options for the hospitality industry as the state association continues fielding calls from small businesses across the state in need of more flexibility. “Outside of PPP support the industry in Oregon continues to have considerable concerns about the path back to sustainable operations,” said Brandt. “PPP will help a significant number of small businesses fight through the coming months, but the importance of effective and efficient vaccine distribution can’t be overstated. It’s the key ingredient to helping propel statewide consumer demand and we remain hopeful that pent up demand will be our new best friend.” For more information on the efforts of the Oregon Restaurant & Lodging Association please visit OregonRLA.org. ### The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. According to the Oregon Employment Department’s December data, over 50,000 Oregonians that once had a job in hospitality do not have work available to return to. Data assessment shows a lack of correlation between economic sanctions and virus mitigation FOR IMMEDIATE RELEASE: January 26, 2021 Contact: Jason Brandt, President & CEO, ORLA 503.302.5060 | JBrandt@OregonRLA.org Featured Industry Operator / On-Site Access: Treva Gambs, Gamberetti’s Italian Restaurants 503.881.5761 | Treva@gamberettis.com Wilsonville, OR– Oregon’s restaurant and lodging industries continue to suffer greatly according to the latest data made available by the Oregon Employment Department. Leisure and hospitality businesses lost 25,500 jobs in December. An announcement today from the Governor’s office is welcome news for lottery retailers, restaurant operators with functional outdoor dining space, and Oregon’s lodging industry eager to bring amenities including indoor pools and hot tubs back online for their guests. Still, thousands of restaurant operators are not assisted by these helpful modifications if they are not lottery retailers and lack available space for outdoor dining options. “Oregonians in our industry can’t pay their monthly bills with two weeks of employment certainty at a time,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “The reality of the 2-week county risk category assessments is taking us down a dangerous path where tens of thousands of Oregonians no longer have paychecks again. The lack of continuity in operations is permanently altering too many Oregonian livelihoods. We must open some indoor dining statewide now, and we can do it safely.” Oregon’s aggressive economic restrictions on one of the state’s largest private sector employers continues to lack data to substantiate the disproportionate sacrifices being endured by these small business operators. According to weekly reports by the Oregon Health Authority and a declaration from Dr. Dean Sidelinger in federal district court, Oregon’s foodservice industry accounts for less than 1 percent of all workplace outbreaks and 4.7 percent of Oregon’s overall outbreaks, respectively. Yet, Oregon’s foodservice operations continue to be shut down in the vast majority of the state. “It doesn’t make sense to me how I can have all this space to safely spread out my customers in my restaurant and have the government continue to tell me I can’t use it when I know I can do it safely,” said Treva Gambs, owner of Gamberetti’s Italian Restaurants in Salem and Albany. “The discrimination we are facing is keeping me from taking care of my employees and my customers in ways that can really help our communities get through an emotional and depressing time.” A recent analysis of December data on the status of restaurant closures across states with mask mandates shows no correlation between the number of cases and deaths and the decisions to close indoor dining. The chart below illustrates the lack of connectivity. In addition, the year 2020 included multiple press conferences highlighting the lack of data to close foodservice operations across Oregon. Governor Brown and Dr. Dean Sidelinger shared comments in press conferences on multiple occasions acknowledging the lack of connectivity to the hospitality industry during periods of the year where hospitality businesses remained open and case counts remained low.  “ORLA will continue our call for a reconvened Economic Advisory Council to solve a chronic problem we currently face – there is no formal dialogue taking place between government officials, health advisors, and industry leaders to fully understand the devastating impacts prolonged restrictions are having on all aspects of Oregon’s once thriving hospitality industry,” said Brandt. “The data above should bring us all to ask one important central question – what evidence is there to justify the crippling impacts of ongoing closures on Oregonians?”
For more information on the efforts of the Oregon Restaurant & Lodging Association, please visit OregonRLA.org. ### The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. According to the Oregon Employment Department’s December data, over 50,000 Oregonians that once had a job in hospitality do not have work available to return to. Update Jan. 15, 2021: Food Waste Policy Delayed
Effective February 1, 2021 Metro is delaying implementation of the Business Food Waste Requirement by an additional year. The policy, which requires establishment of a business food waste collection program for certain food service businesses, was originally scheduled to begin on March 30, 2020. On September 10, 2020 Metro amended associated administrative rules to delay the effective date by one year to March 30, 2021. After careful consideration of the ongoing effects of COVID-19 on the business community, implementation for the largest businesses will be delayed by an additional year--to March 30, 2022. Administrative rules will again be amended effective February 1. Read rules here. Update Aug. 25, 2020: ORLA commends Metro for taking action in response to these uncertain times by drafting rules to delay the business food waste requirement by one year. We have submitted comments to Metro asking that the implementation be delayed until all jurisdictions enter into Phase 3. To read our comments, click here. Update Sept. 21, 2018: Metro has updated draft administrative rules to guide the implementation of its business food scraps separation policy, adopted by the Metro Council on July 26. The draft administrative rules were available for public comment through Friday, Sept. 28. Read more. Portland Area Businesses to Be Subject to Food Scrap Policy As part of ORLA's ongoing engagement with Metro on the food scraps, ORLA President & CEO Jason Brandt and Director of Business Development Marla McColly recently testified at Metro’s public hearing against the proposed food scrap mandate. ORLA and our members have been involved in the past in the voluntary collection of food scraps and we testified to that fact and the fact that participants in the past have exceeded the goals set by Metro. (Read ORLA's comments) We also raised concerns about the logistics of food scrap collections across the Metro area, about the implementation dates and about issues around public health and safety if food scraps are not picked up in a timely manner. In addition to ORLA there was opposition to the plan from local governments in both Sherwood and Hillsboro, citing the lack of analysis on the costs to implement the new mandate and the ability of local governments (especially in Washington County) to efficiently dispose of food waste. Despite ORLA’s efforts and those of local governments, Metro Council voted in favor of the staff recommendation for a food scrap mandate on a 7-0 vote. The mandate is scheduled to start on March 1, 2020 and will be implemented based on the amount of food waste generated by businesses. ORLA will continue to monitor the implementation of this program and provide information to our members. As the program is rolled out, if you experience problems or have concerns, please share those with Greg Astley, ORLA Director of Government Affairs, at Astley@oregonrla.org so we can keep Metro informed as to the effectiveness and success of their mandate. In the news
[Announcement 2.2.21] - Oregon OSHA proposes permanent rule addressing COVID-19 in all workplaces Oregon OSHA is proposing a permanent rule that largely maintains – with some improvements – the risk-reducing measures required by the current temporary emergency rule. It would replace the temporary rule, which expires on May 4. The proposed permanent rule will receive virtual public hearings later this month and in early March. Although the rule must be adopted as a permanent rule because the law does not allow a temporary rule to be extended, Oregon OSHA expects to repeal the permanent rule once it is no longer needed to address the coronavirus pandemic. Read more. Virtual public hearings will be held at 10 a.m. on Feb. 23 and Feb. 26, and at 5 p.m. on March 3 and March 4. ORLA encourages industry members to sign up for the hearings or for commenting on the proposed rule to share your experiences and perspectives. The comment period will close on April 2. Visit the OSHA website for details. [Update as of 1.11.21] - OSHA Puts Pause on Rulemaking ORLA, in collaboration with other business groups urged Oregon OSHA to make the temporary Infectious Disease rules permanent (read letter). Given how much time and resources businesses put into complying with the rules, now is not the time to make drastic changes. These temporary rules have only been in place since mid-November, and businesses need time to adjust before adding new regulatory burdens. On January 11, OSHA backed down and said they will not pursue new changes to rules for COVID. The temporary rules will be the permanent rules until we get through the pandemic and then OSHA will rescind the permanent rule at that time and revisit.
[Update as of 12.8.20] - Oregon OSHA Rule Updates: Grace Period Extended, Training Offered Grace Period OR-OSHA will grant a 3-week extension to restaurants, gyms and other businesses impacted by the freeze/the new county risk levels. All other businesses are granted a 1-week enforcement grace period IF they are actively working to comply. Read memo from OR-0SHA. Training Materials OR-OSHA has released an online interactive education course designed to help employers meet four of the 10 training requirements found in their COVID-19 rules. The 1-hour course begins with an explanation of the dangers of COVID-19 and why the temporary rules were adopted. The course is then divided into four modules: Introduction; Signs, Symptoms and Transmission; Control Measures; and Conclusion. The course is available in both English and Spanish and should be incorporated with your other training planned under the rules. Find English Course and Spanish Course. You can also download the presentation as a PowerPoint (scroll to bottom of page). While not required, OR-OSHA also included a model ‘training verification form’ for employees. OR-OSHA also released completed Exposure Risk Assessment and Infection Control Plans over the weekend:
Important Timelines to Remember:
*Reminder you do not need to submit your Exposure Risk Assessment or Infection Control Plan to OR-OSHA for review. Your Infection Control Plan (if you have more than 10 employees or are an “Exceptional Risk Workplace”) needs to be available in writing to your employees at the workplace. Helpful tools to-date:
[Update as of 11.6.20]
The final OSHA Temporary Rule addressing COVID-19 has been released. As a reminder, as Temporary Rules these are allowed to be in effect for 180-days. A discussion about making them permanent (possibly expanded/revised) is expected to begin in the coming weeks.
Effective Date: November 16, 2020 to May 4, 2021
Delayed Effective Dates:
Several resources are now available online under “Documents,” with more on the way in the weeks to come. OSHA also offers consultation services and technical specialists to help employers comply with the requirements. View the entire Temporary Rule here: https://osha.oregon.gov/OSHARules/div1/437-001-0744.pdf View workplace chart for application here: https://osha.oregon.gov/rules/advisory/infectiousdisease/Documents/Overview-Table-for-Oregon-OSHA-COVID-19-Temporary-Rule.pdf OR-OSHA also released a fillable Exposure Risk Assessment to download – for use by employers in their compliance. We expect additional training tools to be released in the coming weeks including, model Infection Control Plans, videos for use in employee training and a sample/model Employee Notification Policy. Update as of 10.28.20 There is a lot going on right now at the Oregon Occupational Safety and Health Administration (OSHA) and we wanted to provide a direct update to summarize all the activity. There are 3 separate public processes occurring at Oregon OSHA. Please take a look below and click through on any link if the issue is one you wish to provide comment on. If you’re interested in ORLA's perspective on each item, see the “ORLA Notes” with each paragraph below. (1) COVID-19 Temporary Rulemaking Oregon OSHA has initiated a process to create an infectious disease control standard temporary rule for all workplaces in Oregon. The process has included taking Phase 2 guidelines for our industry from the Oregon Health Authority and housing them at Oregon OSHA in a temporary rule format. By law, temporary rules can last no longer than 180 days.
(2) Penalties – Increasing Minimum and Maximum Penalties At the same time – and completely unrelated to the COVID-19 pandemic or the COVID-19 temporary rulemaking, Oregon OSHA is coming to the end of an eight-month period of public comment on changes to the existing penalty rules, including an increase in the maximum penalties that align Oregon penalties with federal OSHA as directed by both Congress and the Oregon Legislative Assembly.
(3) Employer Knowledge/Employer Responsibility The Employer Knowledge rulemaking has been on a similar time frame as the Penalties Rulemaking, but they are actually two distinct rulemaking proposals. In this rulemaking, Oregon OSHA proposes to add two definitions and a paragraph to the Division 1 rules. The Oregon Supreme Court in CBI Services v. Oregon OSHA determined that Oregon OSHA needs to more clearly define how “reasonable diligence” and “unpreventable employee misconduct” are interpreted and applied in enforcement activities and Oregon OSHA believes that such guidance is most appropriately provided through an administrative rule. The proposed additions to the rules are to clarify in general how Oregon OSHA assesses an employer’s reasonable diligence, what constitutes unpreventable employee misconduct, how Oregon OSHA assesses an employer’s knowledge of a violation, and when an employer is and is not responsible for a violation that has occurred on its worksite. After spending several years developing the proposal, Oregon OSHA is coming to the end of an eight-month period of public comment on these proposed changes.
Please take action and make a difference if you can.  Why, Where to Begin, and Current Resources
"The really important thing is that we be vulnerable with ourselves and with our teams in asking why Oregon doesn’t look like the rest of the country. We need to understand how we are influenced and make decisions based on biases that we have been conditioned with our entire lives. Recognizing the environment in which we live and operate can at times be a hard pill to swallow. But unless we are willing to challenge our status quo, we will be unable to evolve… and if we aren’t evolving, we are dying off….” Ken Henson, Director of Restaurant Operations, Pelican Brewing Company & Kiwanda Ken’s comment is so powerful to me. Being vulnerable and realizing that many of us lack the perspective and experience necessary to plan, create, and implement programs that encourage representation and participation of diverse groups in our organizations may feel daunting. And, though many of us have the desire, creating welcoming environments that are inclusive also of all guests’ needs is similarly challenging when we recognize that unconscious bias is a reality. What resources are available to help understand these challenges? I asked a few industry colleagues, who have been invested in diversity, equity and inclusion (DEI) work for quite some time, for recommendations and I’m including several of their favorites below. I will be posting more soon on the Foundation’s webpages. ACKNOWLEDGING THE NEED FOR STRATEGIC DIRECTION AND INVESTMENT Oregon history: why do we find ourselves where we are? Dawnielle Tehama, executive director of the Willamette Valley Visitor’s Association recommends this article to help everyone understand the history behind and the extent of bias which continues to present challenges in our state: https://bit.ly/RHofPDX. “Oregon is often touted as the most liberal State in the union, but the state continues to crawl from its deeply racist history…. In 1844, the provisional government of the territory passed a law banning slavery…. Any black person remaining would be flogged publicly every six months until he left. Five years later, another law was passed that forbade free African Americans from entering into Oregon.” Even as recently as 2016, “Portland is the whitest big city in America, with a population that is 72.2 percent white and only 6.3 percent African American… Because Oregon, and specifically Portland, its biggest city, are not very diverse, many white people may not even begin to think about, let alone understand, the inequalities.” Understanding unconscious bias – This exercise, a free online tool from Harvard’s Project Implicit®, can help team members understand the term and how, despite best intention, most of us do have unconscious bias which affects the way we perceive, approach, and respond to those who are different than us. The surprising results of these tests often convince participants about their own need for training assistance and may help create buy in: Implicit.harvard.edu/implicit/takeatest. SUCCESSFUL MODELS Company culture first – As the Director of People & Culture for Kimpton’s Portland properties, Alex Thompson is intrigued with successful DEI hiring, mentoring, and company culture models. He notes “While Slack is about as far away from hospitality as you can get and this article is a few years old, the principles are exactly the same. Key points include, ‘…the absence of a single diversity leader seems to signal that diversity and inclusion aren’t standalone missions, to be shunted off to a designated specialist, but are rather intertwined with the company's overall strategy.’” https://bit.ly/TAslackdiversity Alex says he also appreciates this article, https://wapo.st/3g4nb95, which notes, “DEI-forced training appears to have the opposite of the intended effect, companies need to find more organic ways to communicate values and expectations and influence outcomes.” Intention and result – Ken Henson shared the following with me, “Doing the right thing and wanting equality and inclusion for all isn’t enough. There are studies, such as this article in the Harvard Business Review (https://hbr.org/2001/04/race-matters), which document how and why even the best-intentioned recruiting policies often fail from lack of insight and proper support.” RESOURCES The Multicultural Foodservice and Hospitality Alliance (MFHA), whose mission is to “bring the economic benefits of diversity and inclusion to the food and hospitality industry by building bridges and delivering solutions,” offers a myriad of resources. These include free webinars ranging from ‘Moving Beyond Unconscious Bias with Cultural Intelligence’ to ‘Insights for Building Effective Multicultural Teams during COVID-19.’ Find out more including podcasts, Town Hall meetings, and speakers for hire at mfha.net/category/news/webinars. The American Hotel & Lodging Educational Institute collaborated with MFHA to create a five-part interactive training suite for employees that focuses on unconscious bias with topics that include Understanding Bias, The Impact of Bias at Work, and Dealing with Bias: Ours and Others.’ A Manager’s Training Edition is also available, visit ahlei.org/program/unconscious-bias. Recommended Reading - On Dawnielle Tehama’s extensive list of recommended reading resources she includes this article https://bit.ly/3qmH9AG, written in 2017 and updated July 2020. Topic groups include Talking About Racism, Anti-Racist Facilitation, and The Role of White People in Anti-Racist Work. The Oregon Hospitality Foundation is exploring opportunities to collaborate with statewide hospitality partners, as well as our counterparts in other states, with the intent to create an unconscious bias video training toolkit for Oregon’s frontline hospitality service staff. We will provide updates as we make progress with identifying funding for this project. “Everyone thinks of changing the world, but no one thinks of changing himself.” - Leo Tolstoy In the meantime, I would love to hear of your own favorite resources on these topics, so please feel free to drop me a line! | Wendy Popkin, Oregon Hospitality Foundation About Wendy Popkin is the Executive Director of the Oregon Hospitality Foundation, a nonprofit 501c3 dedicated to providing educational, training, and philanthropic support to Oregon’s restaurant, lodging, and tourism industry. Wendy is a 35-year career veteran who describes herself as “fanatically enthusiastic about helping others enjoy the same type of fabulous career opportunities I have enjoyed in the hospitality industry.” OregonHospitalityFoundation.org |
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8565 SW Salish Lane Suite 120 | Wilsonville, OR 97070-9633 | 503.682.4422 | 800.462.0619 | Info@OregonRLA.org
Site Map | Accessibility | Privacy Policy