The COVID Project
The record
- Jurisdiction
- United States (South Dakota is a federal-OSHA State with no State plan) · South Dakota
- Level
- Federal
- Authority
- Pub. L. 91-596, § 5, 84 Stat. 1593 (1970)
- 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
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesStanding duty
- Addressees
- employers (private sector; the federal Act does not reach State and local government employers, and South Dakota has no public-sector plan)
- Character
- workplace duty
- Collection
- Standing duties: South Dakota DUT-SD
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
Civil penalties under 29 U.S.C. § 666 (in 2020, up to $13,494 per serious violation and $134,937 per willful or repeated violation, 29 C.F.R. 1903.15(d)); criminal penalties for willful violations causing death (§ 666(e))
What it required
Every private employer in South Dakota had to furnish a workplace free from the recognized hazard of SARS-CoV-2 transmission and to comply with OSHA standards (including 29 C.F.R. 1910.132, 1910.134 and 1910.1030 and, from June 21, 2021, the Healthcare ETS, 29 C.F.R. 1910.502), the duty OSHA enforced by citing Smithfield Packaged Meats Corp. in Sioux Falls on September 10, 2020 for failing to protect employees from the coronavirus (Ex. AGY-FED-LABOR-IMMIGRATION-031).
Retrieval noteThe guidance documents state that they are advisory, and their legal effect in South Dakota comes from § 654(a)(1) as enforced (Ex. AGY-FED-LABOR-IMMIGRATION-031) and from EO 2020-12 par. 6's command to 'implement the recommended CDC hygiene practices' (Ex. SD-009).