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  3. DUT-GA-010

Ex. DUT-GA-010 Standing duty Primary source read

O.C.G.A. section 34-7-20

Care by employer in selection of employees and in furnishing of safe machinery; employer's duty to warn

General Assembly of Georgia (Civil Code 1895, section 2611; Civil Code 1910, section 3130; Code 1933, section 66-301) · Georgia (State)

The COVID Project

The record

Jurisdiction
Georgia
Level
State
Authority
Title 34, Chapter 7 (Employer's Liability), Article 1
Effective
standing
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • employers
Character
workplace duty
Collection
Standing duties: Georgia DUT-GA

Operative words

The employer is bound to exercise ordinary care... If there are latent defects in machinery or dangers incident to an employment, which defects or dangers the employer knows or ought to know but which are unknown to the employee, then the employer shall give the employee warning with respect thereto.

Penalty

Civil liability in tort for breach of the statutory duty (subject, from August 5, 2020, to the gross-negligence condition of the Business Safety Act, Ex. DUT-GA-012, and to the exclusivity of workers' compensation where it applies)

What it required

Every employer is bound to ordinary care toward its employees and must warn them of 'dangers incident to an employment' that the employer 'knows or ought to know'; an airborne pathogen present in the workplace and in the community was such a danger from March 2020.

Retrieval note

Same volume PDF as Ex. DUT-GA-009; section text at PDF pp. 101-102.