Memorandum, Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19) (Apr. 13, 2020)

Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19)

OSHA Directorate of Enforcement Programs (Patrick J. Kapust) to Regional Administrators and State Plan Designees · United States Department of Labor, OSHA (federal agency) (Federal)

Open exhibit (PDF, 447 KB)Source

The COVID Project

Jurisdiction

United States Department of Labor, OSHA (federal agency)

Level

Federal

Authority

29 U.S.C. 657, 658; Field Operations Manual (CPL 02-00-164)

Issued

2020-04-13 Apr. 13, 2020

Effective

2020-04-13

End

2020-05-26 (superseded by Ex. 024) (read as 2020-05-26)

In force

Apr. 13, 2020 to May 26, 2020

Quarters

2020 Q2

Limitation types

Health care orders Workplace rules

Addressees

OSHA Area Offices and CSHOs
all employers (inspection targets prioritized by exposure risk)

Functions reached

EMP employer-directed workplace rules: hazard assessment, PPE, respiratory protection, distancing, cleaning under threat of citation
IC
OP recordkeeping
HR

Collection

Federal labor and immigration agencies AGY-FED-LABOR-IMMIGRATION

Operative words

OSHA should investigate complaints, referrals, and employer-reported fatalities and hospitalizations to identify potentially hazardous occupational exposures and to ensure that employers take prompt actions to mitigate hazards and protect employees.... Prior to any inspection related to COVID-19, each area director (AD) should evaluate the risk level of exposure to SARS-CoV-2 at the workplace, and prioritize his or her resources in coordination with his or her regional offices to determine if an on-site inspection is necessary.... The following guidance is provided to help identify risk levels in workplace settings for purposes of prioritizing OSHA enforcement activities during the Coronavirus Disease 2019 (COVID-19) pandemic.

Enforcement

Citations under the General Duty Clause (29 U.S.C. 654(a)(1)) and 29 C.F.R. 1904.39, 1910.132, 1910.133, 1910.134, 1910.141, 1910.1030, 1910.1200, with penalties under 29 U.S.C. 666 (identified in the plan's Annex); rapid response investigations

Notes

The federal enforcement framework under which every 2020 COVID-19 citation (Ex. 032, 033, 095) issued; prioritizes healthcare, emergency response and correctional workplaces; in force in 2020 Q2.

Retrieval note

23-page render of the archived osha.gov page including the Annex of standards.

The chain

Related instruments

Download this chain (ZIP: 13 files, ~2.7 MB)

Exhibit	Instrument	Issuer	Issued	Quarters	Relation
Ex. DUT-AL-009	29 U.S.C. § 654(a)(1)-(2) (the general duty clause)Duties of employers and employees	Congress of the United States (Occupational Safety and Health Act of 1970, § 5)	Dec. 29, 1970	2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3	Cross-referenced
Ex. DUT-AR-011	29 U.S.C. 654, Duties of employers and employees (the general duty clause)29 U.S.C. 654. Duties of employers and employees	Congress of the United States (Occupational Safety and Health Act of 1970, Pub. L. 91-596, sec. 5)	Dec. 29, 1970	2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3	Cross-referenced
Ex. DUT-DC-018	29 U.S.C. sec. 654 (Duties of employers and employees) (2020 ed.)Duties of employers and employees (the general duty clause)	Congress of the United States	Dec. 29, 1970	2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3	Cross-referenced
Ex. DUT-DE-013	19 Del. C. §§ 105-107 (Powers and duties of the Department of Labor; Rules relating to accidents and industrial diseases; Inspection of records; duty to furnish information)Delaware Code, Title 19, Chapter 1: Department of Labor	Delaware General Assembly (codified statute)	Feb. 21, 2021	2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3	Cross-referenced
Ex. DUT-DE-018	29 U.S.C. § 654(a)(1) (general duty clause) and (a)(2), (b)29 U.S.C. § 654: Duties of employers and employees	United States Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596)	Dec. 29, 1970	2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3	Cross-referenced
Ex. DUT-FED-001	29 U.S.C. 654 (OSH Act § 5, the general duty clause)Duties of employers and employees	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593)	Dec. 29, 1970	2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3	Cross-referenced
Ex. DUT-FED-002	29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)Judicial review; discharge or discrimination against employee for exercise of rights	Congress (OSH Act § 11(c))	Dec. 29, 1970	2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3	Cross-referenced
Ex. DUT-FED-005	29 C.F.R. 1910.141 (sanitation)Sanitation (Subpart J)	Occupational Safety and Health Administration	June 27, 1974	2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3	Cross-referenced
Ex. DUT-FED-007	29 C.F.R. 1910.1030 (bloodborne pathogens)Bloodborne pathogens	Occupational Safety and Health Administration	Dec. 6, 1991	2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3	Cross-referenced
Ex. DUT-FED-010	Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace	Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a))	Jan. 29, 2021	2021 Q12021 Q2	Cross-referenced
Ex. DUT-FED-034	Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)	Centers for Disease Control and Prevention	Mar. 21, 2020	2020 Q2	Cross-referenced
Ex. DUT-GA-008	29 U.S.C. section 654Duties of employers and employees (the general duty clause)	Congress (Occupational Safety and Health Act of 1970, Pub. L. 91-596, section 5, 84 Stat. 1590, 1593)	Dec. 29, 1970	2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3	Cross-referenced

Memorandum, Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19) (Apr. 13, 2020)

The record

Operative words

Enforcement

Notes

Related instruments