The COVID Project
The record
- Jurisdiction
- United States (applies to every private employer in Florida; Florida has no OSHA-approved State plan) · Florida
- Level
- Federal
- Authority
- U.S. Const. art. I, § 8 (commerce clause); 29 U.S.C. ch. 15
- Issued
- 1970-12-29 Dec. 29, 1970
- Effective
- In force throughout 2020 Q2 through 2021 Q3 (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
- employers (private-sector employers in Florida; State and local government employers are outside the Act's definition of 'employer,' 29 U.S.C. § 652(5), and Florida has no State plan covering them)
- Character
- workplace duty
- Collection
- Standing duties: Florida DUT-FL
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.
Penalty
Civil penalties under 29 U.S.C. § 666 (as adjusted annually under 28 C.F.R. § 85.5); willful violations causing death, criminal penalties under § 666(e)
What it required
Every private employer in Florida was bound in every quarter to furnish a workplace 'free from recognized hazards that are causing or are likely to cause death or serious physical harm,' the duty OSHA enforced against COVID-19 exposure through its 2020-2021 enforcement memoranda and its Healthcare ETS (Exs. AGY-FED-LABOR-IMMIGRATION-015 to -033, -087, -088; 29 C.F.R. § 1910.502 from June 21, 2021).
Retrieval noteSaved in the Florida Duties folder because Florida has no State occupational-safety statute for private employers: Title XXXI of the 2020 Florida Statutes (Labor) runs from chapter 435 to chapter 452 with no chapter 442, the former Florida Occupational Safety and Health Act having been repealed before the period (the Legislature's 2020 title index was checked on Sept. 28, 2026). EOs 20-112 § 2.A.1 and § 4.A and 20-123 § 1.B (Exs. FL-022, FL-027) incorporated 'the safety guidelines issued by the CDC and OSHA' as conditions of reopening. LAW-304 holds 29 U.S.C. § 655 (emergency temporary standards).