{"id":"DUT-FED-073","kind":"duty","level":"court","jurisdiction":"United States (Occupational Safety and Health Review Commission)","state":"","metro":"","industry":"","agency":"","eco":"","issuer":"Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney","authority":"29 U.S.C. 654(a)(1), 659(c), 661(j)","instrument":"Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)","title":"Decision and Order, OSHRC Docket No. 21-0432 (Liberty Tax Service, Lynn, Massachusetts)","dateIssued":"2022-06-06","effective":"2022-06-06","end":"final order absent Commission review","startDate":"2022-06-06","endDate":"","quarters":["2021Q1","2021Q2"],"types":["EMP","MASK"],"addressees":["the respondent; precedential within the Commission"],"clause":"As a result of the inspection OSHA issued a Citation and Notification of Penalty (Citation) on April 8, 2021, for an alleged willful violation of section 5(a)(1) (general duty clause) of the OSH Act with a proposed penalty of $136,532. The Citation alleged Respondent had not protected its employees from the recognized hazard of SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), the virus that causes COVID-19.... For the reasons set forth below, the undersigned affirms the willful violation of the General Duty Clause and assesses a penalty of $95,500.... As set forth above, the Secretary has proved Respondent violated section 5(a)(1) of the Act... ORDER... Citation 1, Item 1, alleging a Willful violation of section 5 (a)(1) of the OSH Act is AFFIRMED and a penalty of $95,500 is ASSESSED.","enforcement":"$95,500 assessed (of $136,532 proposed)","functions":[],"notes":"Adjudicated confirmation that the general duty clause required a small tax-preparation office (an ordinary retail-service employer) to protect employees from SARS-CoV-2 by face coverings, distancing and ventilation in 2021Q1, and that refusing to do so was a willful violation. OSHA\u0027s Boston release of April 13, 2021 states that the owner \u0027prohibited employees and customers from wearing face coverings\u0027 and \u0027required employees to work within 6 feet of each other and customers for multiple hours while not wearing face coverings\u0027 (release read; its rendering as an exhibit failed and it is described from the text). Character as recorded: adjudication (general duty clause applied to SARS-CoV-2).","sourceUrl":"https://www.oshrc.gov/wp-content/uploads/REDACTED-21-0432-Decision-Order-Word.html","snapshot":"","fileExists":true,"fileBytes":840145,"grade":"primary","character":"adjudication","description":"","collection":"DUT-FED","url":"/library/DUT-FED-073","exhibitUrl":"/exhibit/DUT-FED-073","citation":"Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073)","stateName":"","related":["AGY-FED-LABOR-IMMIGRATION-033"]}