The COVID Project
The record
- Jurisdiction
- United States (Occupational Safety and Health Review Commission)
- Level
- Court
- Authority
- 29 U.S.C. 654(a)(1), 659(c), 661(j)
- Issued
- 2022-06-06 June 6, 2022
- Effective
- 2022-06-06
- End
- final order absent Commission review
- In force
- June 6, 2022 (no end date recorded; counted as in force for 120 days)
- Quarters
- 2021 Q12021 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Face-covering requirementWorkplace rules
- Addressees
- the respondent; precedential within the Commission
- Character
- adjudication
- Collection
- Standing duties: Federal layer DUT-FED
Operative words
As a result of the inspection OSHA issued a Citation and Notification of Penalty (Citation) on April 8, 2021, for an alleged willful violation of section 5(a)(1) (general duty clause) of the OSH Act with a proposed penalty of $136,532. The Citation alleged Respondent had not protected its employees from the recognized hazard of SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), the virus that causes COVID-19.... For the reasons set forth below, the undersigned affirms the willful violation of the General Duty Clause and assesses a penalty of $95,500.... As set forth above, the Secretary has proved Respondent violated section 5(a)(1) of the Act... ORDER... Citation 1, Item 1, alleging a Willful violation of section 5 (a)(1) of the OSH Act is AFFIRMED and a penalty of $95,500 is ASSESSED.
Penalty
$95,500 assessed (of $136,532 proposed)
What it required
Adjudicated confirmation that the general duty clause required a small tax-preparation office (an ordinary retail-service employer) to protect employees from SARS-CoV-2 by face coverings, distancing and ventilation in 2021Q1, and that refusing to do so was a willful violation. OSHA's Boston release of April 13, 2021 states that the owner 'prohibited employees and customers from wearing face coverings' and 'required employees to work within 6 feet of each other and customers for multiple hours while not wearing face coverings' (release read; its rendering as an exhibit failed and it is described from the text). Character as recorded: adjudication (general duty clause applied to SARS-CoV-2).
Retrieval noteEnforcement-table row: 'Ariana Murrell- LYNN MA 1520204 4/8/2021 $136,532 OSH ACT of 1970 Section (5)(a)(1)' (Ex. AGY-FED-LABOR-IMMIGRATION-033).