{"id":"DUT-LA-010","kind":"duty","level":"state","jurisdiction":"Louisiana","state":"LA","metro":"","industry":"","agency":"","eco":"","issuer":"Louisiana Legislature (codified in the Louisiana Revised Statutes, Title 23, Labor and Worker\u0027s Compensation)","authority":"La. Const. art. III; La. R.S. 1950 (Title 23, Chapter 1, Part I, General Provisions)","instrument":"La. R.S. 23:13 (employers\u0027 duty as to safety)","title":"Employers\u0027 duty as to safety: \u0027Every employer shall furnish employment which shall be reasonably safe for the employees therein,\u0027 shall adopt methods and processes reasonably adequate to render the place of employment safe in accordance with accepted and approved practice, \u0027and shall do every other thing reasonably necessary to protect the life, health, safety and welfare of such employees\u0027","dateIssued":"","effective":"standing throughout 2020 Q2 to 2021 Q3","end":"standing","startDate":"","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMP"],"addressees":["employers (every employer, except private domestic service and agricultural field occupations)"],"clause":"Every employer shall furnish employment which shall be reasonably safe for the employees therein. They shall furnish and use safety devices and safeguards, shall adopt and use methods and processes reasonably adequate to render such employment and the place of employment safe..., and shall do every other thing reasonably necessary to protect the life, health, safety and welfare of such employees.","enforcement":"The section states the duty; it is enforced through the Louisiana Workers\u0027 Compensation Law (R.S. 23:1021 et seq.), the intentional-act exception of R.S. 23:1032(B), and the tort standard of care; Louisiana has no State OSHA plan, so the federal general duty clause and OSHA standards (29 U.S.C. 654(a)(1), 29 U.S.C. 666) governed private workplaces directly (Exs. DUT-GA-008, DUT-FL-015)","functions":[],"notes":"Every Louisiana employer (other than private domestic service and agricultural field occupations) must keep the employment and the place of employment reasonably safe by methods and processes in accordance with accepted and approved practice in its industry and must do every other thing reasonably necessary to protect employees\u0027 life and health; during the pandemic the accepted and approved practice was the distancing, screening, sanitation and face-covering protocols the proclamations and the State Fire Marshal\u0027s guidance prescribed.","sourceUrl":"https://legis.la.gov/Legis/Law.aspx?d=83477","snapshot":"","fileExists":true,"fileBytes":245806,"grade":"primary","character":"workplace_duty","description":"","collection":"DUT-LA","url":"/library/DUT-LA-010","exhibitUrl":"/exhibit/DUT-LA-010","citation":"Louisiana Legislature (codified in the Louisiana Revised Statutes, Title 23, Labor and Worker\u0027s Compensation), La. R.S. 23:13 (employers\u0027 duty as to safety) (standing) (Ex. DUT-LA-010)","stateName":"Louisiana","related":["AGY-FED-LABOR-IMMIGRATION-015","DUT-GA-008","DUT-FL-015"]}