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Ex. DUT-CA-012 Standing duty Primary source read

Agency news release No. 2020-63, 'Cal/OSHA Urges Employers to Follow the State's Guidance on Protecting Workers from COVID-19'

Cal/OSHA Release 2020-63 (July 16, 2020): existing regulations require employers to protect employees from recognized health hazards such as COVID-19; employers must modify work for six-foot distancing, provide disinfection time and supplies, provide face coverings, screen workers for symptoms and keep ill workers home; employers that interact with the public must follow the latest public health orders

Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA) · California (State)

The COVID Project

The record

Jurisdiction
California
Level
State
Authority
Labor Code sections 6400-6407 and 8 C.C.R. section 3203 ('Existing regulations require employers to implement effective measures to protect employees from worksite hazards'); the State Public Health Officer orders ('the latest public health orders')
Issued
2020-07-16 July 16, 2020
Effective
2020-07-16 (statement of standing duties) (read as 2020-07-16)
End
standing (statement of duties that continued in force) (read as 2021-09-30)
In force
Standing since July 16, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Face-covering requirementWorkplace rulesStanding duty
Addressees
  • employers (all employers in California; businesses that interact with the public)
Character
agency position statement
Collection
Standing duties: California DUT-CA

Operative words

Existing regulations require employers to implement effective measures to protect employees from worksite hazards, including recognized health hazards such as COVID-19. Employers must take steps to: Modify work or the worksite to allow people to be at least six feet apart... Employers in businesses that interact with the public must follow the latest public health orders

Penalty

Cal/OSHA citations and civil penalties (Labor Code sections 6427-6429) and misdemeanor liability (section 6423) for violation of the underlying regulations (DUT-CA-010).

What it required

Stated, as the enforcing agency's own reading of the Labor Code and Title 8 duties, that distancing modifications, disinfection, face coverings, symptom screening and exclusion of ill workers were what 'existing regulations require' of every employer, and that employers interacting with the public 'must follow the latest public health orders', including the July 13, 2020 statewide indoor-closure order (CA-010). Character as recorded: agency_position_statement (news release; 'urges').

Retrieval note

Rendered from the Wayback Machine's capture of Aug. 7, 2020 of the agency's own release page (the live page remains on dir.ca.gov). The release attributes to Cal/OSHA Chief Doug Parker: 'Protecting employees from workplace hazards is not only required by law, it is also the right thing to do'. Cal/OSHA's 'Interim General Guidelines on Protecting Workers from COVID-19' (May 14, 2020; dir.ca.gov/dosh/coronavirus/General-Industry.html) could not be rendered from its archived page and is described by category only; the release is the agency's contemporaneous statement of the same duties.