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)
U.S. Census Bureau, 2017 NAICS Structure (workbook 2017_NAICS_Structure.xlsx) (Jan. 1, 2017) (Ex. LAW-401)
U.S. Census Bureau, 2-6 digit 2017 Code File (workbook 2-6 digit_2017_Codes.xlsx) (Jan. 1, 2017) (Ex. LAW-402)
U.S. Census Bureau, 2017 NAICS Structure Summary Table (workbook 2017_NAICS_Structure_Summary_Table.xlsx) (Jan. 1, 2017) (Ex. LAW-403)
Executive Office of the President, Office of Management and Budget; published by the U.S. Census Bureau, North American Industry Classification System, United States, 2017 (the 2017 NAICS Manual) (Jan. 1, 2017) (Ex. LAW-404)
U.S. Census Bureau, Statistics of U.S. Businesses (SUSB), SUSB 2019 annual data file: U.S. & states, 6-digit NAICS (us_state_6digitnaics_2019.txt) (Feb. 11, 2022) (Ex. LAW-405)
U.S. Department of Agriculture, National Agricultural Statistics Service, 2017 Census of Agriculture, Volume 1, Chapter 1 (U.S. Summary and State Data), Table 4 (Apr. 11, 2019) (Ex. LAW-411)
U.S. Department of Labor, Occupational Safety and Health Administration, Region V (Chicago), FY 2020 Follow-up Federal Annual Monitoring Evaluation (FAME) Report, Indiana Occupational Safety and Health Administration (evaluation period Oct. 1, 2019 to Sept. 30, 2020) (Ex. DUT-IN-011)
President Joseph R. Biden, Jr, Memorandum of February 2, 2021, 86 Fed. Reg. 8281 (Feb. 5, 2021) (Feb. 2, 2021) (Ex. AGY-DEFENSE-GUARD-022)
President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)
Federal Emergency Management Agency, DHS, Notice; Major Disaster Declarations (100 percent cost share for all COVID-19 declarations) (Dec. 16, 2021) (Ex. FED-151)
Commandant, U.S. Coast Guard, Inspections and Compliance Directorate (CG-5PC), MSIB 01-20 (Jan. 24, 2020) (Ex. AGY-USCG-PORTS-001)
Maritime Administration, Office of Maritime Security, U.S. Maritime Alert 2020-002A (Jan. 24, 2020) (Ex. AGY-USCG-PORTS-041)
Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)
Secretary of HHS, Determination that a Public Health Emergency Exists (Jan. 31, 2020, effective Jan. 27, 2020) and renewals (Apr. 21, July 23, Oct. 2, 2020; Jan. 7, Apr. 15, July 19, Oct. 15, 2021) (Ex. SEC-01-019)
Under Secretary of Defense for Personnel and Readiness (Matthew P. Donovan), Force Health Protection Guidance for the Novel Coronavirus Outbreak (Jan. 30, 2020) (Ex. AGY-DEFENSE-GUARD-026)
Congress (CARES Act sec. 4021, Pub. L. 116-136, 134 Stat. 281, 489), codified at 15 U.S.C. 1681s-2(a)(1)(F), 15 U.S.C. 1681s-2(a)(1)(F) (Reporting information during COVID-19 pandemic) (Mar. 27, 2020) (Ex. SEC-13-017)
Department of State, Presidential Proclamation on Novel Coronavirus (travel.state.gov summary of the country entry suspensions, as of Mar. 14, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-066)
Commandant, U.S. Coast Guard, Inspections and Compliance Directorate, MSIB 02-20 (Feb. 2, 2020) (Ex. AGY-USCG-PORTS-002)
President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. ECO-A-001)
Acting Secretary of Homeland Security, Notification of Arrival Restrictions Applicable to Flights Carrying Persons Who Have Recently Traveled From or Were Otherwise Present Within the People's Republic of China, 85 Fed. Reg. 6044 (Feb. 4, 2020) (Ex. ECO-A-116)
Department of Homeland Security (Acting Secretary Chad F. Wolf), Notification of Arrival Restrictions Applicable to Flights Carrying Persons Who Have Recently Traveled From or Were Otherwise Present Within the People's Republic of China, 85 Fed. Reg. 6044 (Jan. 31, 2020) (Ex. ECO-C-044)
President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)
Alex M. Azar II, Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying emergency use of in vitro diagnostics, 85 Fed. Reg. 7316 (Feb. 7, 2020) (Feb. 4, 2020) (Ex. AGY-FED-HEALTH-OTHER-038)
Alex M. Azar II, Secretary of Health and Human Services, Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020) (Mar. 10, 2020) (Ex. AGY-FED-HEALTH-OTHER-040)
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)
Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)
Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)
Centers for Disease Control and Prevention, HHS (Alex M. Azar II, Secretary), Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine (requirements for airlines to collect and transmit designated passenger and crew information), 85 Fed. Reg. 7874 (Feb. 12, 2020) (Ex. AGY-FED-HEALTH-OTHER-124)
Acting Secretary of Homeland Security, Notification of Arrival Restrictions Applicable to Flights Carrying Persons Who Have Recently Traveled From or Were Otherwise Present Within the People's Republic of China (amended list of airports), 85 Fed. Reg. 7214 (Feb. 7, 2020) (Ex. ECO-A-117)
Robert R. Redfield, M.D., Director, CDC, Agency Order, Collection of Certain Data Regarding Passengers and Crew Arriving From Foreign Countries by Airlines (issued Feb. 18, 2020), 85 Fed. Reg. 10439 (Feb. 24, 2020) (Ex. AGY-FED-HEALTH-OTHER-125)
Food and Drug Administration, HHS, Policy for Diagnostics Testing in Laboratories Certified To Perform High Complexity Testing Under CLIA Prior to Emergency Use Authorization for Coronavirus Disease-2019 During the Public Health Emergency; Immediately in Effect Guidance, 85 Fed. Reg. 13138 (Mar. 6, 2020) (Feb. 29, 2020) (Ex. AGY-FED-HEALTH-OTHER-032)
U.S. Department of Transportation, Office of the Assistant Secretary for Aviation and International Affairs, Notice Regarding Current Administration and Enforcement of the Essential Air Service Program (Apr. 29, 2020) (Ex. AGY-AVIATION-SURFACE-042)
President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)
Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)
CMS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (hospitals: Hospitals Without Walls; EMTALA; verbal orders; discharge planning; medical staff; physical environment; surge sites) (Mar. 30, 2020) (Ex. SEC-01-010)
CMS (Secretary of HHS), COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (Mar. 30, 2020) (Ex. SEC-02-005)
Centers for Medicare & Medicaid Services (section 1135 waiver authority), COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (LTC facilities, HHAs, hospices, ICF/IIDs) (Mar. 30, 2020) (Ex. SEC-04-015)
Centers for Medicare & Medicaid Services, CMS-1744-IFC, 85 Fed. Reg. 19230 (Apr. 6, 2020) (Ex. SEC-04-017)
Centers for Medicare & Medicaid Services, 1915(c) Home and Community-Based Services Waiver Instructions and Technical Guidance, Appendix K: Emergency Preparedness and Response (Mar. 1, 2020) (Ex. SEC-24-008)
U.S. Department of Transportation, Office of the Secretary, Office of Aviation Enforcement and Proceedings, Enforcement Notice Regarding Denying Boarding by Airlines of Individuals Suspected of Having Coronavirus (Mar. 2, 2020) (Ex. AGY-AVIATION-SURFACE-041)
Alex M. Azar II, Secretary of Health and Human Services, Emergency Use Declaration (personal respiratory protective devices), 85 Fed. Reg. 13907 (Mar. 10, 2020) (Mar. 2, 2020) (Ex. AGY-FED-HEALTH-OTHER-039)
Jacqueline A. O'Shaughnessy, Acting Chief Scientist, FDA (letter to CDC), Emergency Use Authorization: NIOSH-approved air purifying respirators for health care personnel (issued Mar. 2, 2020; reissued Mar. 28, 2020 and July 12, 2021) (Ex. AGY-FED-HEALTH-OTHER-052)
President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. ECO-A-002)
Acting Secretary of Homeland Security, Notification of Arrival Restrictions Applicable to Flights Carrying Persons Who Have Recently Traveled From or Were Otherwise Present Within the People's Republic of China or the Islamic Republic of Iran, 85 Fed. Reg. 12731 (Mar. 4, 2020) (Ex. ECO-A-118)
Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)
President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)
Securities and Exchange Commission, Release No. 34-88318, Order Under Section 36 of the Securities Exchange Act of 1934 Granting Exemptions from Specified Provisions of the Exchange Act and Certain Rules Thereunder (Mar. 4, 2020) (Ex. AGY-FED-FINANCIAL-050)
CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)
CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164)
CMS, Quality, Safety & Oversight Group, QSO-20-13-Hospitals-CAHs (REVISED) (Mar. 4, 2020) (Ex. SEC-01-006)
Office of Postsecondary Education, Electronic Announcement, Guidance for interruptions of study related to Coronavirus (COVID-19) (posted Mar. 5, 2020; updated Apr. 3, May 15 and June 16, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-084)
FFIEC (transmitted by Federal Reserve SR 20-3 / CA 20-2, OCC Bulletin 2020-13, FDIC FIL-14-2020), Interagency Statement on Pandemic Planning (SR 20-3 / CA 20-2) (Mar. 6, 2020) (Ex. AGY-FED-FINANCIAL-001)
Centers for Medicare & Medicaid Services (approval) on the application of the Pennsylvania Department of Human Services, Office of Long-Term Living, Appendix K: Emergency Preparedness and Response and COVID-19 Addendum to the Community HealthChoices and OBRA 1915(c) waivers (combined; final amendment fixing the end date) (Mar. 6, 2020) (Ex. SEC-04-078)
Federal Financial Institutions Examination Council (FRB, FDIC, NCUA, OCC, CFPB, State Liaison Committee), Interagency Statement on Pandemic Planning (Mar. 6, 2020) (Ex. SEC-13-002)
