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Ex. DUT-ND-008 Standing duty Primary source read

29 U.S.C. 654 (2020 ed.)

Duties of employers and employees (the general duty clause)

Congress (Occupational Safety and Health Act of 1970, Pub. L. 91-596, sec. 5, 84 Stat. 1593), administered by OSHA, U.S. Department of Labor (Bismarck Area Office, Region 8) · United States (applicable in North Dakota, a federal-OSHA jurisdiction without an approved State plan) (Federal)

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The record

Jurisdiction
United States (applicable in North Dakota, a federal-OSHA jurisdiction without an approved State plan) · North Dakota
Level
Federal
Authority
29 U.S.C. ch. 15; 29 U.S.C. 654
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
Limitation types
Workplace rulesStanding duty
Addressees
  • employers; employees (654(b))
Character
workplace duty
Collection
Standing duties: North Dakota DUT-ND

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

29 U.S.C. 666 (civil penalties for serious, other-than-serious, willful and repeated violations; not in this exhibit)

What it required

Every North Dakota employer was bound throughout the six quarters to furnish a workplace free from the recognized hazard of SARS-CoV-2 transmission and to comply with OSHA standards, which from June 21, 2021 included the COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502 (Ex. SEC-04-014; ECO-B-012); OSHA's 'Guidance on Preparing Workplaces for COVID-19' (Mar. 2020; Ex. FED-088) and 'Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace' (Jan. 29, 2021; Ex. FED-089) stated the controls (distancing, barriers, face coverings, ventilation, screening, isolation of sick workers, cleaning) by which the duty was discharged.

Retrieval note

State Health Officer Order 2020-08 sec. A par. 6 recited that 'The Federal Occupational Health and Safety Administration recommends that employers encourage employees to wear face coverings at work' and exempted, in par. 4(c), workers for whom a face covering 'would create a job hazard... as determined by local, state or federal regulators or workplace safety and health standards and guidelines' (Ex. ND-061). The ND Smart Restart Standards for All Industries opened with 'Adhere to CDC Guidelines for community/organizations/businesses-employers' (Ex. ND-034).