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Ex. DUT-CT-009 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 (2020 edition)

Congress (Occupational Safety and Health Act of 1970, § 5) · United States (applicable to every private-sector employer in Connecticut) (Federal)

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The record

Jurisdiction
United States (applicable to every private-sector employer in Connecticut) · Connecticut
Level
Federal
Authority
Pub. L. 91-596, § 5, 84 Stat. 1593 (Dec. 29, 1970); Commerce Clause
Issued
1970-12-29 Dec. 29, 1970
Effective
standing; in force throughout March 2020 to September 2021 (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 (every private-sector employer in Connecticut; 29 U.S.C. § 652(5)); employees (§ 654(b))
Character
workplace duty
Collection
Standing duties: Connecticut DUT-CT

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

29 U.S.C. § 666 (not in the exhibit): civil penalties for serious, other-than-serious, wilful and repeated violations, adjusted annually (in 2020-2021 up to $13,494 per serious violation and $134,937 per wilful or repeated violation, 29 C.F.R. § 1903.15(d))

What it required

Every private employer in Connecticut to furnish a workplace free from recognized hazards likely to cause death or serious physical harm (SARS-CoV-2 being such a hazard by the terms of OSHA's own guidance and, for health care, of the June 2021 ETS) and to comply with every applicable standard, including the PPE, respiratory-protection, sanitation and recordkeeping standards OSHA enforced against COVID-19 exposures.

Retrieval note

Saved in the Connecticut Duties folder because Connecticut is a federal-OSHA State for the private sector (Exs. DUT-CT-005, DUT-CT-014). OSHA's COVID-19 guidance is in the library: OSHA 3990, Guidance on Preparing Workplaces for COVID-19 (Mar. 2020) (Ex. FED-088) and Protecting Workers (Jan. 29, 2021) (Ex. FED-089), each advisory by its own terms and each stating that existing standards and the general duty clause apply; the Healthcare ETS, 86 Fed. Reg. 32376 (June 21, 2021), 29 C.F.R. § 1910.502, is mandatory (Ex. ECO-B-012). Penalty amounts stated from 29 C.F.R. § 1903.15(d) as adjusted for 2020-2021 (verified_secondary; not in the exhibit).