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  3. DUT-AR-011

Ex. DUT-AR-011 Standing duty Primary source read

29 U.S.C. 654, Duties of employers and employees (the general duty clause)

29 U.S.C. 654. Duties of employers and employees

Congress of the United States (Occupational Safety and Health Act of 1970, Pub. L. 91-596, sec. 5) · United States (applies in Arkansas, which has no OSHA-approved State plan) (Federal)

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The record

Jurisdiction
United States (applies in Arkansas, which has no OSHA-approved State plan) · Arkansas
Level
Federal
Authority
U.S. Const. art. I, sec. 8 (Commerce Clause); 29 U.S.C. 651 et seq.
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
Limitation types
Workplace rulesStanding duty
Addressees
  • employers engaged in a business affecting commerce (every private Arkansas employer); employees (subsec. (b))
Character
workplace duty
Collection
Standing duties: Arkansas DUT-AR

Operative words

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 (serious, other-than-serious, willful and repeated violations); criminal penalties for willful violations causing death

What it required

Requires every private employer in Arkansas to furnish a place of employment free from recognized hazards likely to cause death or serious physical harm and to comply with OSHA standards; OSHA enforced the clause against COVID-19 exposure in 2020 (Smithfield and JBS citations, Ex. AGY-FED-LABOR-IMMIGRATION-031, -095) and issued the COVID-19 guidance and enforcement instruments already in the library (Ex. AGY-FED-LABOR-IMMIGRATION-020, -024, -025, -026, -028, -029, -030, -087, -088).

Retrieval note

The library holds 29 U.S.C. 655 as LAW-304 but had no exhibit of 654.