The COVID Project
The record
- Jurisdiction
- Indiana
- Level
- State
- Authority
- Ind. Code 22-8-1.1-2 (general duty); 620 IAC 1-1-1 (adopted federal standards, 29 C.F.R. Part 1910 Subpart I); section 5(a)(1) of the OSH Act as restated by IDOL
- Issued
- 2020-05-29 May 29, 2020
- Effective
- 2020 Q2 through 2021 Q3 (read as 2020-05-29)
- End
- Standing web page during the period (read as 2021-09-30)
- In force
- Standing since May 29, 2020 (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
- Character
- agency position statement
- Collection
- Standing duties: Indiana DUT-IN
Operative words
We will continue to accept and process safety and health complaints related to the COVID-19 pandemic through our IOSHA nonformal complaint form... The General Duty Clause... which requires employers to furnish to each worker "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."
Penalty
Complaint-driven enforcement under Ind. Code 22-8-1.1-27.1 (Ex. DUT-IN-005)
What it required
IDOL's contemporaneous statement, under the heading 'OSHA Standards and Directives Applying to COVID-19,' that 'Some existing OSHA requirements may apply to preventing occupational exposure,' naming the PPE standards ('29 CFR 1910 Subpart I, which require using gloves, eye and face protection, and respiratory protection') and the General Duty Clause; it lists OSHA's Guidance on Preparing Workplaces for COVID-19, the Interim Enforcement Response Plan and the good-faith enforcement discretion memorandum, and relays the CDC's prevention measures (six feet, cloth face coverings, hand hygiene) as 'The CDC recommends' (recorded as recommendation). Character as recorded: agency_position_statement (web page).
Retrieval noteThe page restates the federal general duty clause; Indiana's own clause, Ind. Code 22-8-1.1-2 (Ex. DUT-IN-005), is the provision IOSHA cites in its citations (Exs. DUT-IN-010, DUT-IN-011). The CDC prevention measures on the page carry the verb 'recommends'; the PPE standards carry 'require'; the complaint statement carries 'will continue to accept and process.' Each verb recorded as written.