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Ex. DUT-FED-073 Standing duty Primary source read

Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)

Decision and Order, OSHRC Docket No. 21-0432 (Liberty Tax Service, Lynn, Massachusetts)

Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney · United States (Occupational Safety and Health Review Commission) (Court)

The COVID Project

The record

Jurisdiction
United States (Occupational Safety and Health Review Commission)
Level
Court
Authority
29 U.S.C. 654(a)(1), 659(c), 661(j)
Issued
2022-06-06 June 6, 2022
Effective
2022-06-06
End
final order absent Commission review
In force
June 6, 2022 (no end date recorded; counted as in force for 120 days)
Quarters
2021 Q12021 Q2
Limitation types
Face-covering requirementWorkplace rules
Addressees
  • the respondent; precedential within the Commission
Character
adjudication
Collection
Standing duties: Federal layer DUT-FED

Operative words

As a result of the inspection OSHA issued a Citation and Notification of Penalty (Citation) on April 8, 2021, for an alleged willful violation of section 5(a)(1) (general duty clause) of the OSH Act with a proposed penalty of $136,532. The Citation alleged Respondent had not protected its employees from the recognized hazard of SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), the virus that causes COVID-19.... For the reasons set forth below, the undersigned affirms the willful violation of the General Duty Clause and assesses a penalty of $95,500.... As set forth above, the Secretary has proved Respondent violated section 5(a)(1) of the Act... ORDER... Citation 1, Item 1, alleging a Willful violation of section 5 (a)(1) of the OSH Act is AFFIRMED and a penalty of $95,500 is ASSESSED.

Penalty

$95,500 assessed (of $136,532 proposed)

What it required

Adjudicated confirmation that the general duty clause required a small tax-preparation office (an ordinary retail-service employer) to protect employees from SARS-CoV-2 by face coverings, distancing and ventilation in 2021Q1, and that refusing to do so was a willful violation. OSHA's Boston release of April 13, 2021 states that the owner 'prohibited employees and customers from wearing face coverings' and 'required employees to work within 6 feet of each other and customers for multiple hours while not wearing face coverings' (release read; its rendering as an exhibit failed and it is described from the text). Character as recorded: adjudication (general duty clause applied to SARS-CoV-2).

Retrieval note

Enforcement-table row: 'Ariana Murrell- LYNN MA 1520204 4/8/2021 $136,532 OSH ACT of 1970 Section (5)(a)(1)' (Ex. AGY-FED-LABOR-IMMIGRATION-033).