The COVID Project
The record
- Jurisdiction
- United States (applicable in North Dakota, a federal-OSHA jurisdiction without an approved State plan) · North Dakota
- Level
- Federal
- Authority
- 29 U.S.C. ch. 15; 29 U.S.C. 654
- Issued
- 1970-12-29 Dec. 29, 1970
- Effective
- standing (read as 1970-12-29)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Dec. 29, 1970 (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
- employers; employees (654(b))
- Character
- workplace duty
- Collection
- Standing duties: North Dakota DUT-ND
Operative words
(a) Each employer-- (1) shall furnish to each of his employees 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 to his employees; (2) shall comply with occupational safety and health standards promulgated under this chapter.
Penalty
29 U.S.C. 666 (civil penalties for serious, other-than-serious, willful and repeated violations; not in this exhibit)
What it required
Every North Dakota employer was bound throughout the six quarters to furnish a workplace free from the recognized hazard of SARS-CoV-2 transmission and to comply with OSHA standards, which from June 21, 2021 included the COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502 (Ex. SEC-04-014; ECO-B-012); OSHA's 'Guidance on Preparing Workplaces for COVID-19' (Mar. 2020; Ex. FED-088) and 'Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace' (Jan. 29, 2021; Ex. FED-089) stated the controls (distancing, barriers, face coverings, ventilation, screening, isolation of sick workers, cleaning) by which the duty was discharged.
Retrieval noteState Health Officer Order 2020-08 sec. A par. 6 recited that 'The Federal Occupational Health and Safety Administration recommends that employers encourage employees to wear face coverings at work' and exempted, in par. 4(c), workers for whom a face covering 'would create a job hazard... as determined by local, state or federal regulators or workplace safety and health standards and guidelines' (Ex. ND-061). The ND Smart Restart Standards for All Industries opened with 'Adhere to CDC Guidelines for community/organizations/businesses-employers' (Ex. ND-034).