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Ex. DUT-NE-018 Standing duty Primary source read

Guidance on Preparing Workplaces for COVID-19, OSHA 3990-03 2020 (cross-reference to Ex. FED-088; not re-saved)

Guidance on Preparing Workplaces for COVID-19

Occupational Safety and Health Administration, U.S. Department of Labor · United States (all employers) (Federal)

The COVID Project

The record

Jurisdiction
United States (all employers) · Nebraska
Level
Federal
Authority
OSH Act § 5(a)(1) (the guidance's stated relationship to the general duty clause)
Issued
2020-03-09 Mar. 9, 2020
Effective
guidance; no compliance date (read as 2020-03-09)
In force
Mar. 9, 2020 to Jan. 29, 2021
Quarters
2020 Q22020 Q32020 Q4
Limitation types
Workplace rules
Addressees
  • employers
Character
recommendation only
Collection
Standing duties: Nebraska DUT-NE

Operative words

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of mandatory safety and health standards. The recommendations are advisory in nature, informational in content, and are intended to assist employers in providing a safe and healthful workplace.

Penalty

None of its own; the general duty clause and standards carry the penalties

What it required

Recommended engineering, administrative and PPE controls and a hazard assessment; recorded as a recommendation because its text so states. Its legal effect for a Nebraska employer came from two incorporating instruments: the general duty clause and OSHA standards it describes (DUT-NE-017), and, from May 26, 2021, the COVID-19 Liability Act, under which 'substantial compliance' with OSHA guidance is the condition of immunity (DUT-NE-019, DUT-NE-020).

Retrieval note

Disclaimer text confirmed in the saved FED-088 file.