{"id":"DUT-SD-012","kind":"duty","level":"federal","jurisdiction":"United States (South Dakota is a federal-OSHA State with no State plan)","state":"SD","metro":"","industry":"","agency":"","eco":"","issuer":"Congress (Occupational Safety and Health Act of 1970, § 5), administered by OSHA, U.S. Department of Labor","authority":"Pub. L. 91-596, § 5, 84 Stat. 1593 (1970)","instrument":"29 U.S.C. § 654, Duties of employers and employees (2020 edition of the United States Code)","title":"General duty clause and duty to comply with OSHA standards","dateIssued":"1970-12-29","effective":"standing","end":"standing","startDate":"1970-12-29","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMP"],"addressees":["employers (private sector; the federal Act does not reach State and local government employers, and South Dakota has no public-sector plan)"],"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":"Civil penalties under 29 U.S.C. § 666 (in 2020, up to $13,494 per serious violation and $134,937 per willful or repeated violation, 29 C.F.R. 1903.15(d)); criminal penalties for willful violations causing death (§ 666(e))","functions":[],"notes":"Every private employer in South Dakota had to furnish a workplace free from the recognized hazard of SARS-CoV-2 transmission and to comply with OSHA standards (including 29 C.F.R. 1910.132, 1910.134 and 1910.1030 and, from June 21, 2021, the Healthcare ETS, 29 C.F.R. 1910.502), the duty OSHA enforced by citing Smithfield Packaged Meats Corp. in Sioux Falls on September 10, 2020 for failing to protect employees from the coronavirus (Ex. AGY-FED-LABOR-IMMIGRATION-031).","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-SD","url":"/library/DUT-SD-012","exhibitUrl":"/exhibit/DUT-SD-012","citation":"Congress (Occupational Safety and Health Act of 1970, § 5), administered by OSHA, U.S. Department of Labor, 29 U.S.C. § 654, Duties of employers and employees (2020 edition of the United States Code) (standing) (Ex. DUT-SD-012)","stateName":"South Dakota","related":["AGY-FED-LABOR-IMMIGRATION-031","SD-009","DUT-SD-010"]}