The COVID Project
The record
- Jurisdiction
- Delaware
- Level
- State
- Authority
- 19 Del. C. ch. 1 (Department of Labor)
- Issued
- 2021-02-21 Feb. 21, 2021
- Effective
- in force throughout 2020 and 2021 (read as 2021-02-21)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Feb. 21, 2021 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesStanding duty
- Addressees
- employers; owners of places of employment
- Character
- workplace duty
- Collection
- Standing duties: Delaware DUT-DE
Operative words
The Department may make, modify and repeal rules for the prevention of accidents or of industrial or occupational diseases in every employment or place of employment or such rules for the construction, repair and maintenance of places of employment as shall render them safe. Such rules when made shall have the force and effect of law and shall be enforced in the same manner as this chapter.
Penalty
19 Del. C. § 107(b): penalty for hindering the Department or refusing admission (text in the exhibit)
What it required
The Delaware Department of Labor holds rulemaking power over 'the prevention of... industrial or occupational diseases in every employment or place of employment,' its rules have 'the force and effect of law,' and 'No employer or owner shall refuse to admit the members of the Department, or its authorized representatives, to the employer's or owner's place of employment' for inspection (§ 107(a)).
Retrieval noteDelaware has no State OSHA plan for private-sector employers; the federal general duty clause, 29 U.S.C. § 654(a)(1) (Ex. DUT-DE-018), and the federal OSHA COVID-19 guidance and enforcement memoranda already in the library (Exs. AGY-FED-LABOR-IMMIGRATION-020, -021, -024, -029, -030, -087, -088) governed Delaware workplaces directly. Delaware's own statute supplements that duty with the Department of Labor's rulemaking and inspection powers recorded here. The file-name date is the retrieval date.