The COVID Project
The record
- Jurisdiction
- United States
- Level
- Federal
- Authority
- Executive Order 13999, 86 Fed. Reg. 7211 (Jan. 26, 2021); 29 U.S.C. 654(a)(1)
- Issued
- 2021-01-29 Jan. 29, 2021
- Effective
- 2021-01-29
- End
- superseded June 10, 2021 (Ex. DUT-FED-072) (read as 2021-06-10)
- In force
- Jan. 29, 2021 to June 10, 2021
- Quarters
- 2021 Q12021 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Face-covering requirementWorkplace rulesQuarantine and isolation
- Addressees
- Character
- agency guidance recommendation
- Collection
- Standing duties: Federal layer DUT-FED
Operative words
This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of existing mandatory safety and health standards.... Employers should implement COVID-19 Prevention Programs in the workplace.... In addition, the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their workers with a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm.... employers still are required under the General Duty Clause, Section 5(a)(1) of the OSH Act, to...
Penalty
none in the guidance; the general duty clause and standards it describes carry 29 U.S.C. 666 penalties
What it required
Recorded as recommendation ('should'): a COVID-19 prevention program with hazard assessment, distancing, face coverings, ventilation, screening, isolation of infected workers and anti-retaliation. The compulsory element is the general duty clause the guidance restates and against which OSHA measured 'recognized hazard' and 'feasible means to abate' in every inspection (Exs. AGY-FED-LABOR-IMMIGRATION-020, -024, -025). Character as recorded: agency_guidance_recommendation (incorporating the general duty clause by reference).