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  3. DUT-DE-013

Ex. DUT-DE-013 Standing duty Primary source read

19 Del. C. §§ 105-107 (Powers and duties of the Department of Labor; Rules relating to accidents and industrial diseases; Inspection of records; duty to furnish information)

Delaware Code, Title 19, Chapter 1: Department of Labor

Delaware General Assembly (codified statute) · Delaware (State)

The COVID Project

The record

Jurisdiction
Delaware
Level
State
Authority
19 Del. C. ch. 1 (Department of Labor)
Issued
2021-02-21 Feb. 21, 2021
Effective
in force throughout 2020 and 2021 (read as 2021-02-21)
End
standing (read as 2021-09-30)
In force
Standing since Feb. 21, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • employers; owners of places of employment
Character
workplace duty
Collection
Standing duties: Delaware DUT-DE

Operative words

The Department may make, modify and repeal rules for the prevention of accidents or of industrial or occupational diseases in every employment or place of employment or such rules for the construction, repair and maintenance of places of employment as shall render them safe. Such rules when made shall have the force and effect of law and shall be enforced in the same manner as this chapter.

Penalty

19 Del. C. § 107(b): penalty for hindering the Department or refusing admission (text in the exhibit)

What it required

The Delaware Department of Labor holds rulemaking power over 'the prevention of... industrial or occupational diseases in every employment or place of employment,' its rules have 'the force and effect of law,' and 'No employer or owner shall refuse to admit the members of the Department, or its authorized representatives, to the employer's or owner's place of employment' for inspection (§ 107(a)).

Retrieval note

Delaware has no State OSHA plan for private-sector employers; the federal general duty clause, 29 U.S.C. § 654(a)(1) (Ex. DUT-DE-018), and the federal OSHA COVID-19 guidance and enforcement memoranda already in the library (Exs. AGY-FED-LABOR-IMMIGRATION-020, -021, -024, -029, -030, -087, -088) governed Delaware workplaces directly. Delaware's own statute supplements that duty with the Department of Labor's rulemaking and inspection powers recorded here. The file-name date is the retrieval date.