Congress of the United States (Occupational Safety and Health Act of 1970, § 5), 29 U.S.C. § 654(a)(1)-(2) (the general duty clause) (standing) (Ex. DUT-AL-009)
Congress of the United States (Occupational Safety and Health Act of 1970, Pub. L. 91-596, sec. 5), 29 U.S.C. 654, Duties of employers and employees (the general duty clause) (standing) (Ex. DUT-AR-011)
Congress (Occupational Safety and Health Act of 1970, § 5(a)); text as published in the United States Code, 2020 edition (Office of the Law Revision Counsel via GovInfo), 29 U.S.C. § 654(a)(1) (general duty clause) (standing) (Ex. DUT-CO-009)
Congress (Occupational Safety and Health Act of 1970, § 5), 29 U.S.C. § 654 (duties of employers and employees; the general duty clause) (standing) (Ex. DUT-CT-009)
Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001)
Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002)
Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), Statute: 29 U.S.C. § 654 (2020 ed.) (standing) (Ex. DUT-FL-015)
Congress (Occupational Safety and Health Act of 1970, Pub. L. 91-596, section 5, 84 Stat. 1590, 1593), 29 U.S.C. section 654 (standing) (Ex. DUT-GA-008)
Congress (Occupational Safety and Health Act of 1970, Pub. L. 91-596, s. 5), 29 U.S.C. 654(a)(1)-(2) (standing) (Ex. DUT-MA-015)
Congress (Occupational Safety and Health Act of 1970, Pub. L. 91-596, sec. 5, 84 Stat. 1593), administered by OSHA, U.S. Department of Labor (Bismarck Area Office, Region 8), 29 U.S.C. 654 (2020 ed.) (standing) (Ex. DUT-ND-008)
United States Congress; enforced in Nebraska by OSHA, U.S. Department of Labor, 29 U.S.C. § 654 (2020 ed.) (standing) (Ex. DUT-NE-017)
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)
Congress of the United States, 29 U.S.C. § 654 (OSH Act § 5), Duties of employers and employees (standing) (Ex. DUT-SC-013)
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)
Congress (Occupational Safety and Health Act of 1970, § 5), 29 U.S.C. § 654(a) (general duty clause) (cross-reference to Ex. DUT-AL-009; not re-saved) (standing) (Ex. DUT-WV-031)
Congress of the United States, 29 U.S.C. sec. 654 (Duties of employers and employees) (2020 ed.) (standing) (Ex. DUT-DC-018)
United States Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596), 29 U.S.C. § 654(a)(1) (general duty clause) and (a)(2), (b) (standing) (Ex. DUT-DE-018)
Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008)
Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003)
Occupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005)
Congress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031)
Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032)
Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033)
Occupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007)
Occupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004)
Occupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006)
Occupational Safety and Health Administration, U.S. Department of Labor (Assistant Secretary David Michaels), Final rule, Maine State Plan for State and Local Government Employers; initial approval determination, 80 Fed. Reg. 46487 (Aug. 5, 2015) (29 C.F.R. part 1956, subpart O) (standing) (Ex. DUT-ME-006)
Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025)
Food and Drug Administration, CDRH, Guidance: Enforcement Policy for Face Masks and Respirators During the Coronavirus Disease (COVID-19) Public Health Emergency (Mar. 25, 2020; revised Apr. 2020, May 2020, Sept. 2021; superseded Sept. 5, 2023) (Ex. AGY-FED-HEALTH-OTHER-044)
Centers for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063)
Federal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029)
CDC and OSHA (joint interim guidance), Interim Guidance: Meat and Poultry Processing Workers and Employers (Apr. 26, 2020) (Ex. SEC-20-002)
Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023)
Amtrak, Amtrak requirement that all customers wear facial coverings in stations, on trains and on Thruway buses beginning May 11, 2020; ticket sales limited to allow physical distancing (May 7, 2020) (Ex. AGY-AVIATION-SURFACE-078)
Director, Defense Health Agency, DHA-AI 3020.01, Return to the Workplace Staffing Plan in the COVID-19 Environment (June 4, 2020; published June 12, 2020) (Ex. AGY-DEFENSE-GUARD-029)
U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)
Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062)
CDC and OSHA, Interim Guidance: Meat and Poultry Processing Workers and Employers (updated July 9, 2020) (Ex. SEC-20-028)
Centers for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024)
U.S. Department of Labor, Occupational Safety and Health Administration, Region V (Chicago), FY 2021 Comprehensive Federal Annual Monitoring Evaluation (FAME) Report, Indiana Occupational Safety and Health Administration (evaluation period Oct. 1, 2020 to Sept. 30, 2021) (Ex. DUT-IN-010)
Federal Bureau of Prisons, Bureau to Resume Social Visitation: non-contact social visits to resume Oct. 3, 2020 under Phase Nine modifications (Sept. 30, 2020) (Ex. AGY-FED-HEALTH-OTHER-078)
Director, Defense Health Agency, DHA-AI 3020.01, Change 2 (Nov. 3, 2020) (Ex. AGY-DEFENSE-GUARD-030)
Chief Management Officer of the Department of Defense, Memorandum, COVID-19 - Move to Health Protection Condition BRAVO PLUS (HPCON B+) of the Pentagon Reservation Plan for Resilience (Nov. 24, 2020) (Ex. AGY-DEFENSE-GUARD-052)
President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)
President Joseph R. Biden, Executive Order 13991, 86 Fed. Reg. 7045 (Jan. 25, 2021) (Jan. 20, 2021) (Ex. SEC-12-007)
President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)
Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)
OMB (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, OMB Memorandum M-21-15 (Jan. 24, 2021) (Ex. SEC-12-005)
OSHA, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (Jan. 29, 2021; updated June 10 and Aug. 13, 2021) (Ex. AGY-FED-LABOR-IMMIGRATION-030)
Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010)
Centers for Disease Control and Prevention (HHS), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. ECO-B-004)
Transportation Security Administration (DHS), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. ECO-B-005)
Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)
Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)
Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)
Transportation Security Administration, DHS, Security Directive SD 1542-21-01, Security Measures - Face Masks (airports) (Jan. 31, 2021) (Ex. FED-054)
Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)
Secretary of Defense Lloyd J. Austin III, Memorandum, Use of Masks and Other Public Health Measures (Feb. 4, 2021) (Ex. AGY-DEFENSE-GUARD-112)
U.S. Department of Transportation, Office of the Secretary, Office of Aviation Consumer Protection, Notice of Enforcement Policy: Accommodation by Carriers of Persons with Disabilities Who Are Unable to Wear or Safely Wear Masks While on Commercial Aircraft (Feb. 5, 2021) (Ex. AGY-AVIATION-SURFACE-037)
U.S. Department of Transportation (Office of the Secretary), U.S. Department of Transportation COVID-19 Workplace Safety Plan (Feb. 19, 2021) (Ex. AGY-AVIATION-SURFACE-038)
Federal Railroad Administration, Emergency Order No. 32, Notice No. 1, Emergency Order No. 32, 86 Fed. Reg. 11888 (Mar. 1, 2021), Docket FRA-2021-0016 (Feb. 26, 2021) (Ex. AGY-AVIATION-SURFACE-014)
Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009)
Acting Under Secretary of Defense for Personnel and Readiness, Force Health Protection Guidance (Supplement 18), DoD Guidance for Protecting All Personnel in DoD Workplaces During the COVID-19 Pandemic (Mar. 22, 2021) (Ex. AGY-DEFENSE-GUARD-058)
Commandant, U.S. Coast Guard, Inspections and Compliance Directorate, MSIB 02-21 (Change 1) (Mar. 22, 2021) (Ex. AGY-USCG-PORTS-033)
I Corps and Joint Base Lewis-McChord, I Corps & JBLM COVID-19 Response Factsheet (as of Apr. 1, 2021) (Ex. AGY-DEFENSE-GUARD-131)
Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)
CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)
I Corps and Joint Base Lewis-McChord, I Corps & JBLM COVID-19 Response Factsheet (as of May 12, 2021) (Ex. AGY-DEFENSE-GUARD-132)
Transportation Security Administration (DHS), Security Directive SD 1582/84-21-01A (Apr. 30, 2021) (Ex. ECO-B-006)
Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)
Deputy Secretary of Defense Kathleen H. Hicks, Memorandum, Updated Mask Guidelines for Vaccinated Persons (May 13, 2021) (Ex. AGY-DEFENSE-GUARD-075)
Commanding General, 101st Airborne Division (Air Assault) and Fort Campbell, General Order - Fort Campbell Mask Policy (May 2021) (May 14, 2021) (Ex. AGY-DEFENSE-GUARD-071)
Federal Railroad Administration, Statement of FRA Enforcement Discretion Regarding Emergency Order No. 32 (June 10, 2021): FRA will not enforce EO 32's mask requirement in outdoor areas of railroad operations consistent with the CDC's June 10, 2021 amendment; the indoor and on-train requirements remain in force (Ex. AGY-AVIATION-SURFACE-075)
Occupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072)
Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)
Commandant, U.S. Coast Guard, Inspections and Compliance Directorate, MSIB 02-21 (Change 2) (June 11, 2021) (Ex. AGY-USCG-PORTS-037)
Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)
Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard (Healthcare), 29 C.F.R. part 1910, subpart U, 1910.502-1910.509 (June 21, 2021) (Ex. SEC-01-001)
Occupational Safety and Health Administration, U.S. Department of Labor, COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502 (with 1910.504, 1910.505, 1910.509) (June 21, 2021) (Ex. SEC-02-001)
Occupational Safety and Health Administration, Department of Labor, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (COVID-19 Healthcare Emergency Temporary Standard) (June 21, 2021) (Ex. SEC-04-014)
Office of the Federal Register (codification of the OSHA ETS), 29 C.F.R. 1910.502 (2021 edition, revised as of July 1, 2021) (Ex. SEC-04-023)
Under Secretary of Defense for Personnel and Readiness (Gilbert R. Cisneros, Jr. designate; signed by the Acting USD), Force Health Protection Guidance (Supplement 17) Revision 1, DoD Guidance for the Use of Masks, Personal Protective Equipment, and Non-Pharmaceutical Interventions During the COVID-19 Pandemic (June 22, 2021; posted June 23) (Ex. AGY-DEFENSE-GUARD-077)
U.S. Department of Transportation, U.S. Department of Transportation COVID-19 Workplace Safety Plan, updated June 25, 2021 (Ex. AGY-AVIATION-SURFACE-039)
National Park Service, NPS Public Health Update page (servicewide mask requirements under EO 13991; Feb. 2021 requirement, Aug. 2021 reinstatement and later updates) (Aug. 16, 2021) (Ex. AGY-FED-LANDS-SCIENCE-COURTS-054)
