The COVID Project
The record
- Jurisdiction
- United States
- Level
- Federal
- Authority
- 29 U.S.C. 660(c); 29 C.F.R. part 1977, §§ 1977.9, 1977.12
- Issued
- 1973-01-16 Jan. 16, 1973
- Effective
- standing (read as 1973-01-16)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Jan. 16, 1973 (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
- Character
- regulatory duty
- Collection
- Standing duties: Federal layer DUT-FED
Operative words
§ 1977.12(b)(2):... If the employee, with no reasonable alternative, refuses in good faith to expose himself to the dangerous condition, he would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger through resort to regular statutory enforcement channels.
Penalty
What it required
An employer could not discipline an employee who, with no reasonable alternative, refused in good faith to work in a condition a reasonable person would consider a real danger of death or serious injury; complaints to the employer about safety are protected activity under § 1977.9(c).