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Ex. DUT-MA-003 Standing duty Primary source read

Press release, 'AG Healey Announces Enhanced Resources for Workers to Report Safety Concerns As State Begins Phased Reopening' (May 20, 2020)

Attorney General's statement that the mandatory safety standards apply to all workplaces, that every business must adopt a written COVID-19 control plan before reopening and post a compliance attestation, with a Fair Labor Division complaint channel for unsafe conditions

Attorney General Maura Healey (Office of the Attorney General, Fair Labor Division) · Massachusetts (State)

The COVID Project

The record

Jurisdiction
Massachusetts
Level
State
Authority
G.L. c. 149, s. 6 (Attorney General's authority over workplace safety requirements) and c. 149 generally (Fair Labor Division enforcement); statement of the requirements of COVID-19 Order No. 33 and the DLS/DPH Mandatory Safety Standards for Workplaces
Issued
2020-05-20 May 20, 2020
Effective
2020-05-20
End
The mandatory standards it describes were rescinded 12:01 a.m. May 29, 2021 (Ex. MA-048); the release remains published (read as 2021-05-29)
In force
May 20, 2020 to May 29, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Workplace rulesStanding dutyOperating condition
Addressees
  • employers; all businesses permitted to operate brick-and-mortar premises
Character
agency position statement
Collection
Standing duties: Massachusetts DUT-MA

Operative words

All businesses in Massachusetts must develop a written plan for how they will comply with these mandatory standards before they can reopen.... In addition, employers must post a completed compliance attestation poster where employees and customers can see it.

Penalty

Enforcement by the Attorney General's Fair Labor Division of 'state wage, hour and certain workplace laws'; the underlying orders' $300 civil fine and injunction (Ex. MA-017, MA-019)

What it required

The Attorney General stated the rule as mandatory for every workplace (written control plan before reopening; posted attestation; sector-specific protocols) and opened an online complaint form and hotline for employees to report 'Cleaning/Disinfection,' 'Failure to Display Compliance Attestation Poster,' 'Hygiene,' 'Personal Protective Equipment (PPE),' 'Requiring Symptomatic Employees to Work,' 'Retaliation' and 'Social Distancing.' Character as recorded: agency_position_statement (release, FAQ, memorandum or statement; covid_workplace_rule layer).

Retrieval note

The release links the (now unpublished) DLS page for the Mandatory Safety Standards for Workplaces, the COVID-19 reopening control plan template and the compliance attestation poster (DUT-MA-016). It is the Attorney General's contemporaneous statement of the duty; it is recorded as a statement of the rule, not as an instrument that itself imposed it.