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Ex. DUT-SC-015 Standing duty Primary source read

SC OSHA FastFact, 'Employers play an important role in controlling the spread of COVID-19 - March 2020' (created March 28, 2020)

Employers play an important role in controlling the spread of COVID-19: infectious disease safety strategies, social distancing, workplace posters, guidance on preparing workplaces

South Carolina Department of Labor, Licensing and Regulation, Office of Occupational Safety and Health (SC OSHA) · South Carolina (State)

The COVID Project

The record

Jurisdiction
South Carolina
Level
State
Authority
SC OSHA, Employers Fact Sheet (Mar. 28, 2020)
Issued
2020-03-28 Mar. 28, 2020
Effective
2020-03-28
End
standing guidance through 2021 Q3 (still posted) (read as 2021-09-30)
In force
Standing since Mar. 28, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rules
Addressees
  • employers (all)
Character
recommendation only
Collection
Standing duties: South Carolina DUT-SC

Operative words

Employers should start taking steps now, and should be using all resources necessary to prepare for and respond to the outbreak. In addition to normal hazard-prevention strategies, like engineering controls or personal protective equipment for specific hazards, all employers should now develop and implement infectious disease safety strategies

Penalty

none; a recommendation whose legal effect arises from Act No. 99 § 3(5) and § 4 (SC OSHA guidance is 'public health guidance'; immunity requires reasonable adherence) and from the general duty of § 41-15-80 as SC OSHA stated it three weeks later in mandatory terms (Ex. DUT-SC-014)

What it required

Recommends (verb 'should') that every employer implement worksite-specific social distancing including worker and customer interactions, post educational posters, encourage sick employees to stay home, promote handwashing, encourage respiratory etiquette, discourage sharing of utensils, desks, phones and tools, and maintain housekeeping and disinfection.

Retrieval note

Recorded as a recommendation because its verbs are 'should', 'encourage', 'promote' and 'discourage'. It is the first SC OSHA COVID-19 instrument (March 28, 2020), issued between the dine-in suspension of March 18 (Ex. SC-003) and the closure orders of March 31 and April 3, 2020 (Exs. SC-010, SC-011).