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Ex. DUT-DE-018 Standing duty Primary source read

29 U.S.C. § 654(a)(1) (general duty clause) and (a)(2), (b)

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

United States Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596) · United States (applies directly in Delaware, a federal-OSHA State with no approved State plan) (Federal)

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The record

Jurisdiction
United States (applies directly in Delaware, a federal-OSHA State with no approved State plan) · Delaware
Level
Federal
Authority
U.S. Const. art. I, § 8; 29 U.S.C. § 651 et seq.
Issued
1970-12-29 Dec. 29, 1970
Effective
1971-04-28
End
standing (read as 2021-09-30)
In force
Standing since Apr. 28, 1971 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • employers
Character
workplace duty
Collection
Standing duties: Delaware DUT-DE

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

Penalty

29 U.S.C. § 666 civil and criminal penalties; OSHA citations (e.g., Exs. AGY-FED-LABOR-IMMIGRATION-031, -032, -095)

What it required

Every Delaware employer covered by the Act had a standing statutory duty to furnish a workplace free from recognized hazards likely to cause death or serious physical harm, the duty OSHA enforced against COVID-19 exposure through its 2020-2021 enforcement response plans and national emphasis program (Exs. AGY-FED-LABOR-IMMIGRATION-020, -024, -087, -088) and explained in its workplace guidance (Exs. AGY-FED-LABOR-IMMIGRATION-029, -030).

Retrieval note

Saved in the Delaware Duties folder because Delaware has no State plan and no State statute adopting the federal duty; other federal-OSHA States may hold the same text under their own IDs. The file-name date is the retrieval date of the U.S. Code (prelim) text.