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Ex. DUT-FED-008 Standing duty Primary source read

29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)

Discrimination Against Employees Exercising Rights Under the Williams-Steiger Occupational Safety and Health Act of 1970

Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)) · United States (Federal)

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The record

Jurisdiction
United States
Level
Federal
Authority
29 U.S.C. 660(c); 29 C.F.R. part 1977, §§ 1977.9, 1977.12
Issued
1973-01-16 Jan. 16, 1973
Effective
standing (read as 1973-01-16)
End
standing (read as 2021-09-30)
In force
Standing since Jan. 16, 1973 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • all employers
Character
regulatory duty
Collection
Standing duties: Federal layer DUT-FED

Operative words

§ 1977.12(b)(2):... If the employee, with no reasonable alternative, refuses in good faith to expose himself to the dangerous condition, he would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger through resort to regular statutory enforcement channels.

Penalty

29 U.S.C. 660(c)(2)

What it required

An employer could not discipline an employee who, with no reasonable alternative, refused in good faith to work in a condition a reasonable person would consider a real danger of death or serious injury; complaints to the employer about safety are protected activity under § 1977.9(c).