Office of Chief Counsel, IRS, Memorandum AM 2023-007 (Oct. 18, 2023; released Nov. 3, 2023), 'Issues Related to Whether an Employer Experienced a Full or Partial Suspension... Due to Communications from the Occupational Safety and Health Administration' (Ex. GOV-004)
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 the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061)
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)
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)
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)
Occupational Safety and Health Administration, U.S. Department of Labor (with NIOSH and CPWR), OSHA, National Safety Stand-Down to Prevent Falls in Construction: Postponed due to COVID-19 (page as captured May 14, 2020, citing the OSHA Trade Release of Mar. 27, 2020) (Ex. SEC-09-GM-006)
Wisconsin Legislature (codified statute; administered by the Department of Safety and Professional Services), Wis. Stat. § 101.055 (2019-20), Public employee safety and health (standing) (Ex. DUT-WI-018)
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)
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)
Federal Railroad Administration, Administrator Ronald L. Batory, Safety Advisory 2020-01, 85 Fed. Reg. 20335 (Apr. 10, 2020) (Ex. AGY-AVIATION-SURFACE-013)
Wyoming Department of Workforce Services (Robin Sessions Cooley, Director) and Wyoming OSHA Program (WYOSHA), OSHA Division, Letter to health care providers of July 15, 2021 (File Reference RSC-21-017) on the adoption of the OSHA COVID-19 Healthcare Emergency Temporary Standard (Ex. DUT-WY-017)
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 (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)
General Assembly of South Carolina (S. 147, ratified R. 39, April 28, 2021; approved by Governor Henry McMaster April 28, 2021), Act No. 99 of 2021 (S. 147, R. 39), a Joint Resolution, the 'South Carolina COVID-19 Liability Immunity Act' (standing) (Ex. DUT-SC-009)
Nebraska Legislature (One Hundred Seventh Legislature, First Session); approved by Governor Pete Ricketts, Legislative Bill 139 (2021), the COVID-19 Liability Act (secs. 1-4) and the Health Care Crisis Protocol Act (secs. 5-9) (standing) (Ex. DUT-NE-019)
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)
Director, Department of Labor and Economic Opportunity (Susan Corbin, Acting Director), for MIOSHA, MIOSHA Emergency Rules, Coronavirus Disease 2019 (COVID-19), as amended and refiled May 24, 2021 (superseding the emergency rules filed Oct. 14, 2020 and their extension filed Apr. 13, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-062)
Occupational Safety and Health Administration (DOL), Occupational Exposure to COVID-19; Emergency Temporary Standard, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. ECO-B-012)
President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)
OSHA Parsippany Area Office; DOL Office of Public Affairs, OSHA citations of Hackensack Meridian Health Residential Care Inc., North Bergen, New Jersey (two serious, one other-than-serious; proposed penalty $28,070), announced Sept. 11, 2020 (Ex. AGY-FED-LABOR-IMMIGRATION-032)
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)
Department of Labor, Occupational Safety and Health Administration, COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502,.504,.505,.509 (June 21, 2021) (Ex. SEC-19-009)
CDC and OSHA (joint interim guidance), Interim Guidance: Meat and Poultry Processing Workers and Employers (Apr. 26, 2020) (Ex. SEC-20-002)
Occupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067)
Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069)
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)
Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066)
Kansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 60-5502, Definitions, including (j) 'public health directives' (standing) (Ex. DUT-KS-014)
Occupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007)
Arizona Legislature (Arizona Revised Statutes, title 23, ch. 2, art. 10, Arizona Occupational Safety and Health Act), Statute (standing) (Ex. DUT-AZ-008)
Montana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021, Mont. Code Ann. 27-1-1601 (SB 65 sec. 1) (Feb. 10, 2021) (Ex. DUT-MT-015)
Michigan Occupational Safety and Health Administration (MIOSHA), Department of Labor and Economic Opportunity, MIOSHA Emergency Rules: Coronavirus Disease 2019 (COVID-19) (Oct. 14, 2020) (Ex. MI-054)
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)
Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013)
Occupational Safety and Health Administration, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19, OSHA 3990-03 2020 (cross-reference to Ex. FED-088; not re-saved) (Mar. 9, 2020) (Ex. DUT-NE-018)
Vermont Department of Labor, Vermont Occupational Safety and Health Administration (VOSHA), VOSHA Emergency Temporary Standard for the protection of healthcare workers from COVID-19 (29 C.F.R. part 1910, subpart U: 1910.502 Healthcare; 1910.504 Mini Respiratory Protection Program; 1910.505 Severability; 1910.509 Incorporation by Reference), as adopted and posted by VOSHA July 13, 2021 (Ex. DUT-VT-017)
Occupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004)
Nevada OSHA (Victoria Carreon, Administrator, Division of Industrial Relations), Nevada OSHA Memorandum: COVID-19 requirements for essential businesses (update to the April 14, 2020 guidance) (Apr. 23, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-028)
Nevada Occupational Safety and Health Administration, Division of Industrial Relations, Department of Business and Industry, Updated COVID-19 Guidance for Nevada Businesses and New OSHA COVID-19 Healthcare Emergency Temporary Standard (superseding the July 22, 2021 guidance) (July 30, 2021) (Ex. NV-060)
Occupational Safety and Health Administration, COVID-19 Healthcare ETS Frequently Asked Questions (dental questions) (June 10, 2021) (Ex. SEC-03-005)
Occupational Safety and Health Administration, OSHA Alert 3996, COVID-19 Guidance for Retail Workers (Apr. 8, 2020) (Ex. SEC-07-007)
Occupational Safety and Health Administration, OSHA Alert 4000-03R 2021, COVID-19 Guidance for Construction Workers (original alert April 2020) (Mar. 1, 2021) (Ex. SEC-09-020)
Michigan Occupational Safety and Health Administration (Department of Labor and Economic Opportunity), Director Sean Egan, MIOSHA Emergency Rules, Coronavirus Disease 2019 (COVID-19) (Oct. 14, 2020) (Ex. SEC-12-059)
OSHA, Directorate of Enforcement Programs (Patrick J. Kapust, Acting Director), to Regional Administrators and State Plan Designees, Memorandum, Temporary Enforcement Guidance - Healthcare Respiratory Protection Annual Fit-Testing for N95 Filtering Facepieces During the COVID-19 Outbreak (Mar. 14, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-015)
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)
Occupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011)
Occupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020)
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)
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)
Occupational Safety and Health Administration, Region 8 (Denver Area Office), OSHA News Release, Region 8, Sept. 11, 2020: U.S. Department of Labor Cites JBS Foods Inc. for Failing To Protect Employees from Exposure to the Coronavirus (Greeley, Colorado) (Ex. ECO-A-084)
Occupational Safety and Health Administration (DOL), COVID-19 Vaccination and Testing; Emergency Temporary Standard, 86 Fed. Reg. 61402 (Nov. 5, 2021) (Nov. 4, 2021) (Ex. ECO-B-011)
Occupational Safety and Health Administration, OSHA, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (Jan. 29, 2021) (Wayback capture) (Ex. LAW-426)
Occupational Safety and Health Administration, COVID-19 Control and Prevention: Dentistry Workers and Employers (Dec. 17, 2020) (Ex. SEC-03-004)
Occupational Safety and Health Administration, U.S. Department of Labor, DIR 2021-01 (CPL 03), National Emphasis Program - Coronavirus Disease 2019 (COVID-19) (Mar. 12, 2021) (Ex. SEC-05-001)
Occupational Safety and Health Administration, DIR 2021-03 (CPL 03), Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19) (July 7, 2021) (Ex. SEC-05-002)
Occupational Safety and Health Administration, Directive DIR 2021-01 (CPL-03), National Emphasis Program - Coronavirus Disease 2019 (COVID-19) (Mar. 12, 2021) (Ex. SEC-09-018)
Occupational Safety and Health Administration, Directive DIR 2021-03 (CPL 03), Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19) (July 7, 2021) (Ex. SEC-09-019)
Occupational Safety and Health Administration, Department of Labor, Directive DIR 2021-03 (CPL 03), Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19) (July 7, 2021) (Ex. SEC-18-003)
Occupational Safety and Health Administration, OSHA COVID-19 Healthcare Emergency Temporary Standard - Frequently Asked Questions (agency interpretation of the scope provisions, § 1910.502(a)) (June 21, 2021) (Ex. SEC-18-004)
Michigan Occupational Safety and Health Administration (Department of Labor and Economic Opportunity), MIOSHA Emergency Rules, Coronavirus Disease 2019 (COVID-19) (Oct. 14, 2020; re-issued Apr. 13, 2021; rescinded June 22, 2021), including the personal-care-services rule (Ex. SEC-18-016)
Dennis R. Schrader, Secretary of Health, MDH Notice - Face Covering Recommendation (Effective July 1, 2021) (June 30, 2021) (Ex. MD-094)
Nevada OSHA, Division of Industrial Relations, Nevada OSHA Updated Guidance for Essential Businesses and Phase 1 Businesses (supersedes the April 23, 2020 memorandum) (May 8, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-029)
Office of Governor Douglas A. Ducey with the Arizona Department of Health Services, Requirements document issued under executive order (June 17, 2020) (Ex. DUT-AZ-013)
Kansas Supreme Court, Administrative Order 2020-PR-099 (Sept. 4, 2020) (Ex. KS-068)
OSHA Denver Area Office; DOL Office of Public Affairs, OSHA citation of JBS Foods Inc. (Swift Beef Company), Greeley, Colorado, for a General Duty Clause violation and a recordkeeping violation (proposed penalties $15,615), announced Sept. 11, 2020 (Ex. AGY-FED-LABOR-IMMIGRATION-095)
Arizona Department of Health Services (Director Cara M. Christ), ADHS Emergency Measure 2021-01 (Apr. 2, 2021) (Ex. AZ-039)
Governor Douglas A. Ducey, Executive Order 2020-40 (June 17, 2020) (Ex. AZ-020)
Governor Douglas A. Ducey, Executive Order 2021-06 (Mar. 25, 2021) (Ex. AZ-037)
Superior Court of Arizona, Maricopa County (Hon. Timothy J. Thomason), Minute entry ruling (Docket Code 926) on plaintiffs' request for injunctive relief (Aug. 4, 2020) (Ex. DUT-AZ-017)
Oklahoma Legislature (Senate Bill 1946, 2d Sess., 57th Leg.; signed by Governor Stitt), 76 O.S. 111 (SB 1946, 2020) (standing) (Ex. DUT-OK-013)
Governor Steve Sisolak, Declaration of Emergency Directive 013 (Apr. 8, 2020) (Ex. NV-014)
Governor Steve Sisolak, Declaration of Emergency Directive 018 (Phase One Reopening Plan), May 7, 2020, ss. 4, 9, 10, 11, 13, 25 (Ex. NV-016)
Arizona Department of Liquor Licenses and Control, Director John Cocca, DLLC Industry Letter to Liquor Licensees on Executive Orders 2020-36 and 2020-40 (June 26, 2020) (Ex. AGY-ST-ALCOHOL-073)
Nevada Gaming Control Board (Chairwoman Sandra Douglass Morgan), Industry Notice 2020-17 (Mar. 13, 2020) (Ex. AGY-ST-GAMING-RACING-001)
Nevada OSHA, Division of Industrial Relations, Nevada OSHA Updated Guidance for Essential Businesses and Phase 1 and 2 Businesses (supersedes May 8, 2020 guidance) (May 29, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-030)
Nevada OSHA, Division of Industrial Relations, Nevada OSHA Updated Guidance for Businesses Operating in Phase 2 of Nevada United: Roadmap to Recovery Plan (face coverings under Directive 024) (June 26, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-031)
Division of Industrial Relations, Nevada OSHA, Nevada OSHA Enforcement Process during COVID-19 Pandemic (July 23, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-032)
Division of Industrial Relations, Nevada OSHA, Updated Nevada OSHA Enforcement Process during COVID-19 Pandemic (Nov. 2, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-034)
Governor Douglas A. Ducey, Executive Order 2020-36 (May 12, 2020) (Ex. AZ-019)
Governor Douglas A. Ducey, Executive Order 2021-05 (Mar. 5, 2021) (Ex. AZ-036)
Mayor Jerry L. Demings, as Director of Emergency Management, Emergency Executive Order No. 2020-51 (Dec. 4, 2020) (Ex. MET-ORL-010)
Governor Steve Sisolak, Declaration of Emergency Directive 016 (Apr. 29, 2020) (Ex. NV-015)
