The COVID Project
The record
- Jurisdiction
- United States
- Level
- Federal
- Authority
- 29 U.S.C. 654(a)(1), (a)(2), (b)
- Issued
- 1970-12-29 Dec. 29, 1970
- Effective
- standing (read as 1970-12-29)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Dec. 29, 1970 (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
- each employer (29 U.S.C. 652(5): a person engaged in a business affecting commerce who has employees, other than the United States or a State); in States with approved plans, the State-plan equivalent
- Character
- statutory duty
- Collection
- Standing duties: Federal layer DUT-FED
Operative words
(a) Each employer-- (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this chapter. (b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this chapter which are applicable to his own actions and conduct.
Penalty
29 U.S.C. 666: civil penalties for serious, other-than-serious, willful and repeated violations (2020-2021 maxima $13,494 per serious violation and $134,937 per willful or repeated violation, 29 C.F.R. 1903.15(d)); willful violations causing death are criminal (29 U.S.C. 666(e)).
What it required
Every employer engaged in a business affecting commerce was under a standing statutory command to furnish a workplace free from recognized hazards likely to cause death or serious physical harm and to comply with every OSHA standard. OSHA stated from March 2020 onward that SARS-CoV-2 exposure in the workplace is such a hazard, wrote the citation template for it (Exs. AGY-FED-LABOR-IMMIGRATION-020, -024) and cited employers under it in 2020 and 2021 (Exs. DUT-FED-015, -016, -017, -022, -069, -073).
Retrieval noteSame GPO text as Ex. DUT-AL-009 (identical hash). The 2020 edition of the Code is the text in force throughout the claim period.