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

SDCL 60-2-1 and 60-2-3, Indemnification of employee by employer; employer to indemnify for own negligence

Employer's obligation to indemnify employees for losses caused by the employer's want of ordinary care

South Dakota Legislature (codified statute) · South Dakota (State)

The COVID Project

The record

Jurisdiction
South Dakota
Level
State
Authority
S.D. Codified Laws title 60 (Labor and Employment), ch. 60-2 (Obligations of Employer and Employee)
Issued
2026-09-29 Sept. 29, 2026
Effective
standing (read as 2026-09-29)
End
standing
In force
Standing since Sept. 29, 2026 (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: South Dakota DUT-SD

Operative words

An employer shall in all cases indemnify an employee for losses caused by the employer's want of ordinary care.

Penalty

Civil indemnity to the employee; read with SDCL 20-9-1 (Ex. DUT-SD-011) and, for exposure claims from Jan. 1, 2020, the intent-based bar of SDCL 21-68-2 and -3 (Ex. DUT-SD-013)

What it required

Every South Dakota employer owes every employee ordinary care and must make good 'in all cases' the losses its want of ordinary care causes (60-2-3), a standing civil duty whose content in 2020 and 2021 was fixed by the governmental directives on distancing, sanitation, screening and exclusion of the ill that defined what care was ordinary in a workplace during the pandemic.

Retrieval note

South Dakota has no State occupational safety and health act for private employers and no OSHA State plan; chapter 60-11 (Wages, Hours and Conditions of Employment) contains no general safety duty (read in full on 2026-09-29). The statutory workplace-safety duty is federal (Ex. DUT-SD-012); HB 1046 § 6(3) provides that 'COVID-19 is not an occupational disease under state law' (Ex. DUT-SD-013).