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. 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)
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)
Library of Congress (Librarian Carla Hayden), Closure notice of Mar. 12, 2020 carried in press release PRN 20-020 (revised Mar. 12, 2020): Library closed to the public until Apr. 1, 2020; all public programs postponed or cancelled (Ex. AGY-FED-LANDS-SCIENCE-COURTS-097)
National Archives and Records Administration (Archivist David S. Ferriero), Press release nr20-47, 'National Archives Research Rooms and Presidential Libraries Nationwide to Close March 14' (Mar. 13, 2020) (Ex. AGY-FED-LANDS-SCIENCE-COURTS-090)
Centers for Disease Control and Prevention (Director Robert R. Redfield), No Sail Order and Suspension of Further Embarkation, 85 Fed. Reg. 16628 (Mar. 14, 2020) (Ex. ECO-C-138)
Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)
Centers for Disease Control and Prevention, Department of Health and Human Services, No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020), published 85 Fed. Reg. 16628 (Mar. 24, 2020) (Ex. SEC-06-001)
Superintendent Cassius Cash, News release, 'Park Modifies Operations to Implement Latest Health Guidance' (campgrounds, pavilions, church and special-use permits) (Mar. 18, 2020) (Ex. AGY-FED-LANDS-SCIENCE-COURTS-049)
96th Test Wing, Eglin AFB (published on eglin.af.mil), COVID-19: Service reductions, closures, cancellations, updates (running notice, published Apr. 16, 2020; first posted Mar. 20, 2020) (Ex. AGY-DEFENSE-GUARD-103)
Department of Veterans Affairs, National Cemetery Administration, VA announcement of Mar. 20, 2020: committal services and military funeral honors discontinued at all national cemeteries effective Mar. 23, 2020; witnesses limited to immediate family of no more than ten (Ex. AGY-FED-HEALTH-OTHER-065)
37th Training Wing Public Affairs, JBSA, FAQ: COVID-19 Impacts to Basic Military Training and Technical Training (Mar. 24, 2020) (Ex. AGY-DEFENSE-GUARD-142)
U.S. Army Corps of Engineers with HHS, USACE Alternate Care Sites (ACS) program page and implementation materials (as archived Mar. 27, 2020) (Ex. AGY-DEFENSE-GUARD-101)
U.S. Northern Command (DoD News), Army Transforms Event Center Into Hospital for COVID-19 Response (Mar. 30, 2020) (Ex. AGY-DEFENSE-GUARD-102)
USACE Fort Worth District, Release, Fort Worth District Evaluates Sites for Use as Alternate Care Facilities (Mar. 29, 2020) (Ex. AGY-DEFENSE-GUARD-160)
I Corps and Joint Base Lewis-McChord, I Corps & JBLM COVID-19 Response Factsheet, Update 6 (as of Mar. 31, 2020) (Ex. AGY-DEFENSE-GUARD-126)
Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)
CDC, HHS, No Sail Order and Other Measures Related to Operations; Modification and Extension (signed Apr. 9, 2020), 85 Fed. Reg. 21004 (Apr. 15, 2020) (Ex. SEC-06-002)
The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)
Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159)
Commanding General, Marine Corps Installations West / MCB Camp Pendleton (G-4), Letter, Exclusive Shopping Hours for Specific Patron Categories at Camp Pendleton Commissaries During the COVID-19 Crisis (Apr. 20, 2020) (Ex. AGY-DEFENSE-GUARD-153)
Federal Maritime Commission (Commissioner Louis E. Sola designated Fact Finding Officer), COVID-19 Impact on Cruise Industry; Order, Fact Finding No. 30, 85 Fed. Reg. 26978 (May 6, 2020) (Ex. AGY-USCG-PORTS-047)
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)
Superintendent Cam Sholly; Secretary of the Interior David Bernhardt (quoted), News release, 'Yellowstone will begin first phase of reopening on May 18' (May 13, 2020) (Ex. AGY-FED-LANDS-SCIENCE-COURTS-038)
CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)
Secretary of Defense Mark T. Esper, Memorandum, Guidance for Commanders on Risk-Based Changing of Health Protection Condition Levels During the Coronavirus Disease 2019 Pandemic (May 19, 2020) (Ex. AGY-DEFENSE-GUARD-044)
Chief Management Officer of the Department of Defense (Lisa W. Hershman), Pentagon Reservation Plan for Resilience and Aligning with National Guidelines for Opening Up America Again (May 26, 2020) (Ex. AGY-DEFENSE-GUARD-048)
Centers for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064)
National Archives and Records Administration, Press release nr20-56, 'Public Programs, Special Events at All Facilities Cancelled Through August 31' (June 1, 2020) (Ex. AGY-FED-LANDS-SCIENCE-COURTS-091)
Commandant, U.S. Coast Guard, Waterways Policies and Activities Division (CG-WWM-1), MSIB 17-20 (June 3, 2020) (Ex. AGY-USCG-PORTS-023)
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)
USCIS, USCIS alert, USCIS Preparing to Resume Public Services on June 4 (May 27, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-056)
Great Smoky Mountains National Park, News release, 'Park Restores Limited Campground and Visitor Center Services' (June 5, 2020) (Ex. AGY-FED-LANDS-SCIENCE-COURTS-045)
Acting Superintendent Cicely Muldoon, News release, 'Yosemite National Park Continues a Phased Reopening on Thursday, June 11, 2020' (temporary day-use reservation system) (June 8, 2020) (Ex. AGY-FED-LANDS-SCIENCE-COURTS-041)
Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013)
I Corps and Joint Base Lewis-McChord, I Corps & JBLM COVID-19 Response Factsheet, Update 21 (as of June 26, 2020) (Ex. AGY-DEFENSE-GUARD-128)
Department of State, Bureau of Consular Affairs, Phased Resumption of Routine Visa Services (July 14, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-061)
Centers for Disease Control and Prevention, HHS, No Sail Order; Second Modification and Extension (July 16, 2020) (Ex. FED-029)
CDC, HHS, No Sail Order and Suspension of Further Embarkation; Second Modification and Extension (July 16, 2020), 85 Fed. Reg. 44085 (July 21, 2020) (Ex. SEC-06-003)
Superintendent, Statue of Liberty National Monument, News release, 'Liberty Island to Reopen Grounds Only on July 20' (Island Reopening Plan Revised to Align with NY Phase 4 Reopening Modifications) (July 17, 2020) (Ex. AGY-FED-LANDS-SCIENCE-COURTS-052)
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)
Centers for Disease Control and Prevention, No Sail Order and Suspension of Further Embarkation; Third Modification and Extension, 85 Fed. Reg. 62732 (Sept. 30, 2020) (Ex. ECO-C-139)
Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)
CDC, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020), 85 Fed. Reg. 62732 (Oct. 5, 2020) (Ex. SEC-06-004)
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)
Centers for Disease Control and Prevention, Framework for Conditional Sailing and Initial Phase COVID-19 Testing Requirements for Protection of Crew, 85 Fed. Reg. 70153 (Oct. 30, 2020) (Ex. ECO-C-140)
Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)
CDC, HHS, Framework for Conditional Sailing and Initial Phase COVID-19 Testing Requirements for Protection of Crew (Oct. 30, 2020), 85 Fed. Reg. 70153 (Nov. 4, 2020) (Ex. SEC-06-005)
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)
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)
Superintendent, Yosemite National Park, News release, 'Yosemite National Park to require day-use reservations starting February 8' (Jan. 29, 2021) (Ex. AGY-FED-LANDS-SCIENCE-COURTS-042)
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)
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)
I Corps and Joint Base Lewis-McChord, I Corps & JBLM COVID-19 Response Factsheet (as of Apr. 1, 2021) (Ex. AGY-DEFENSE-GUARD-131)
Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)
CDC, HHS, Notice of availability: Framework for Conditional Sailing Order Technical Instructions and Operations Manual, 86 Fed. Reg. 24865 (May 10, 2021) (May 5, 2021) (Ex. SEC-06-006)
I Corps and Joint Base Lewis-McChord, I Corps & JBLM COVID-19 Response Factsheet (as of May 12, 2021) (Ex. AGY-DEFENSE-GUARD-132)
Superintendent, Yosemite National Park, News release, 'Yosemite National Park to Re-Implement a Day-Use Reservation System Beginning on Friday, May 21, 2021' (Apr. 8, 2021) (Ex. AGY-FED-LANDS-SCIENCE-COURTS-043)
OMB, OPM and GSA (Acting Director Shalanda Young; Acting Director Kathleen McGettigan; Acting Administrator Katy Kale), OMB Memorandum M-21-25 (June 10, 2021) (Ex. SEC-12-006)
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)
U.S. Department of Transportation, U.S. Department of Transportation COVID-19 Workplace Safety Plan, updated June 25, 2021 (Ex. AGY-AVIATION-SURFACE-039)
I Corps and Joint Base Lewis-McChord, I Corps & JBLM COVID-19 Response Factsheet (as of July 30, 2021) (Ex. AGY-DEFENSE-GUARD-133)
Director of Administration and Management (Michael B. Donley), Memorandum, Coronavirus Disease 2019 - Transition to Health Protection Condition Bravo on the Pentagon Reservation (July 30, 2021) (Ex. AGY-DEFENSE-GUARD-083)
Joint Base Lewis-McChord (I Corps; 62d Airlift Wing memorandum of Aug. 12, 2021 for Team McChord), JBLM COVID-19 Response Factsheet (as of Aug. 18, 2021) (Ex. AGY-DEFENSE-GUARD-134)
Director of Administration and Management, Memorandum, Coronavirus Disease 2019 - Transition to Health Protection Condition Bravo Plus on the Pentagon Reservation (Sept. 7, 2021) (Ex. AGY-DEFENSE-GUARD-115)
Centers for Disease Control and Prevention, Temporary Extension and Modification of Framework for Conditional Sailing Order (CSO) for Cruise Ships Operating or Intending To Operate in U.S. Waters, 86 Fed. Reg. 59720 (Oct. 28, 2021) (Oct. 25, 2021) (Ex. ECO-C-141)
Centers for Disease Control and Prevention, HHS, Temporary Extension and Modification of the Framework for Conditional Sailing Order (Oct. 25, 2021) (Ex. FED-033)
CDC, HHS, Temporary Extension and Modification of Framework for Conditional Sailing Order (Oct. 25, 2021), 86 Fed. Reg. 59720 (Oct. 28, 2021) (Ex. SEC-06-007)
