{"id":"DUT-NY-017","kind":"duty","level":"federal","jurisdiction":"United States (applies to every private employer in New York; New York\u0027s OSHA plan covers public employers only)","state":"NY","metro":"","industry":"","agency":"","eco":"","issuer":"Congress (Occupational Safety and Health Act of 1970, § 5)","authority":"U.S. Const. art. I, § 8 (commerce); Pub. L. 91-596, § 5, 84 Stat. 1590, 1593 (Dec. 29, 1970)","instrument":"29 U.S.C. § 654 (duties of employers and employees; the general duty clause), 2020 edition","title":"Duties of employers and employees","dateIssued":"1970-12-29","effective":"standing; in force throughout March 2020 to September 2021","end":"standing","startDate":"1970-12-29","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMP"],"addressees":["employers (private sector, in every State without an approved plan covering private employers, including New York); employees"],"clause":"(a) Each employer— (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this chapter.","enforcement":"29 U.S.C. § 666 (civil penalties per violation, as adjusted for inflation; willful and repeated violations at higher amounts; criminal penalties for willful violations causing death)","functions":[],"notes":"Every private employer in New York to furnish a workplace free from recognized hazards likely to cause death or serious physical harm, the duty OSHA enforced against COVID-19 exposure by general duty clause citations during the six quarters (e.g., the Smithfield and JBS citations, Exs. AGY-FED-LABOR-IMMIGRATION-031 and -095), and every employee to comply with standards and orders applicable to his conduct (§ 654(b)).","sourceUrl":"https://www.govinfo.gov/content/pkg/USCODE-2020-title29/pdf/USCODE-2020-title29-chap15-sec654.pdf","snapshot":"","fileExists":true,"fileBytes":128162,"grade":"primary","character":"workplace_duty","description":"","collection":"DUT-NY","url":"/library/DUT-NY-017","exhibitUrl":"/exhibit/DUT-NY-017","citation":"Congress (Occupational Safety and Health Act of 1970, § 5), 29 U.S.C. § 654 (duties of employers and employees; the general duty clause), 2020 edition (standing) (Ex. DUT-NY-017)","stateName":"New York","related":["AGY-FED-LABOR-IMMIGRATION-031","DUT-MA-015","DUT-NY-013","DUT-VT-014"]}