The COVID Project
The record
- Jurisdiction
- United States
- Level
- Federal
- Authority
- 29 U.S.C. 660(c)(1)-(2)
- 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
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesStanding duty
- Addressees
- any person, including every employer
- Character
- statutory duty
- Collection
- Standing duties: Federal layer DUT-FED
Operative words
No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this chapter.
Penalty
29 U.S.C. 660(c)(2): Secretary's suit in district court for reinstatement with back pay and 'all appropriate relief'
What it required
Employers could not discipline, discharge or reduce the hours or pay of an employee who complained of COVID-19 hazards to OSHA or the employer, or who refused in good faith to face an imminent danger (29 C.F.R. 1977.12(b)(2), Ex. DUT-FED-008). OSHA's April 8, 2020 release restated the rule for the pandemic (Ex. DUT-FED-066), and the April 13, 2020 enforcement plan directs inspectors to inform workers of the protection (Ex. AGY-FED-LABOR-IMMIGRATION-020).