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Ex. DUT-DC-009 Standing duty Primary source read

D.C. Official Code sec. 32-1103 [Not Applicable]

Duties of employer and employees

Council of the District of Columbia · District of Columbia (State)

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The record

Jurisdiction
District of Columbia
Level
State
Authority
District of Columbia Occupational Safety and Health Act of 1988, D.C. Law 7-186, sec. 4; applicability governed by sec. 26(a) (D.C. Code sec. 32-1124(a))
Issued
1989-03-16 Mar. 16, 1989
Effective
Never in effect: applies '2 years after approval of the plan by the Secretary' and 'That condition has not been met' (read as 1989-03-16)
End
standing (inoperative) (read as 2021-09-30)
In force
Standing since Mar. 16, 1989 (a statutory duty; in force throughout the six quarters)
Limitation types
Workplace rulesOther
Addressees
  • employers (inoperative provision; federal duty applies instead)
Character
workplace duty
Collection
Standing duties: District of Columbia DUT-DC

Operative words

Not Applicable.... Section 26 (a) of D.C. Law 7-186 (sec. 32-1124(a)) provided that secs. 32-1102, 32-1103, 32-1105 to 32-1123, and the repeal of Chapter 8 of Title 32 shall apply 2 years after approval of the plan by the Secretary. That condition has not been met.

Penalty

None under this section; federal OSH Act penalties, 29 U.S.C. sec. 666, apply through sec. 654

What it required

Records that the District's own general-duty provision for employers never took effect because no District occupational safety and health plan was approved by the Secretary of Labor, so that federal OSHA and the general duty clause of 29 U.S.C. sec. 654(a)(1) (Ex. DUT-DC-018) govern every private employer in the District directly.

Retrieval note

The District is a federal-OSHA jurisdiction (OSHA Region 3, Baltimore/Washington Area Office). The District supplemented the federal duty with its own COVID-19 workplace statutes, Exs. DUT-DC-010 to DUT-DC-012 and DUT-DC-014.