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  3. DUT-MA-022

Ex. DUT-MA-022 Standing duty Primary source read

COVID-19 Order No. 33 (May 18, 2020) (library exhibit MA-017; cross-reference, not re-saved)

Order Implementing a Phased Reopening of Workplaces and Imposing Workplace Safety Measures to Address COVID-19

Governor Charles D. Baker (with DLS and DPH rules under s. 2) · Massachusetts (State)

The COVID Project

The record

Jurisdiction
Massachusetts
Level
State
Authority
St. 1950, c. 639, ss. 7, 8, 8A; DLS under G.L. c. 149, ss. 6, 6 1/2; DPH under G.L. c. 17, s. 2A and c. 111, ss. 6, 127A
Issued
2020-05-18 May 18, 2020
Effective
2020-05-18 (Phase I categories A-E); 2020-05-25 (categories F-L) (read as 2020-05-18)
End
Rescinded 12:01 a.m. May 29, 2021 by Order No. 69, with all DLS and DPH workplace safety rules (Ex. MA-048) (read as 2021-05-29)
In force
May 18, 2020 to May 29, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Business closureCapacity limitFace-covering requirementWorkplace rulesOperating condition
Addressees
  • employers; all businesses and organizations permitted to operate brick-and-mortar premises
Character
order operating condition
Collection
Standing duties: Massachusetts DUT-MA

Operative words

permitted to operate from their physical workplaces and facilities... provided they comply with all workplace safety rules and standards issued or maintained pursuant to Section 2... All businesses and other organizations in the Commonwealth that are permitted to operate brick-and-mortar premises must immediately adopt and maintain the following generally applicable COVID-19 workplace safety

Penalty

Civil fine up to $300 per violation; injunction; DLS, DPH and local boards of health enforce; self-certification required before opening

What it required

Operation was conditional on compliance with the DLS/DPH Mandatory Workplace Safety Standards and sector-specific rules ('provided they comply'); every operating business 'must immediately adopt and maintain' the generally applicable rules, including 'Require face coverings or masks for all employees'; each business self-certified and posted its attestation before opening (s. 3; DUT-MA-016); s. 6: 'No municipal or other local authority should adopt or enforce any workplace health or safety rule to address COVID-19 that is in addition to, stricter than, or otherwise in conflict with' the State rules (verb 'should').

Retrieval note

The instrument that gave the standing workplace duties (DUT-MA-013 to -015) their COVID-19 content. its four categories are recited on the compliance attestation poster (DUT-MA-016) and in the Attorney General's release (DUT-MA-003).