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  2. Standing duties: New York
  3. DUT-NY-017

Ex. DUT-NY-017 Standing duty Primary source read

29 U.S.C. § 654 (duties of employers and employees; the general duty clause), 2020 edition

Duties of employers and employees

Congress (Occupational Safety and Health Act of 1970, § 5) · United States (applies to every private employer in New York; New York's OSHA plan covers public employers only) (Federal)

The COVID Project

The record

Jurisdiction
United States (applies to every private employer in New York; New York's OSHA plan covers public employers only) · New York
Level
Federal
Authority
U.S. Const. art. I, § 8 (commerce); Pub. L. 91-596, § 5, 84 Stat. 1590, 1593 (Dec. 29, 1970)
Issued
1970-12-29 Dec. 29, 1970
Effective
standing; in force throughout March 2020 to September 2021 (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
Limitation types
Workplace rulesStanding duty
Addressees
  • employers (private sector, in every State without an approved plan covering private employers, including New York); employees
Character
workplace duty
Collection
Standing duties: New York DUT-NY

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 per violation, as adjusted for inflation; willful and repeated violations at higher amounts; criminal penalties for willful violations causing death)

What it required

Every private employer in New York to furnish a workplace free from recognized hazards likely to cause death or serious physical harm, the duty OSHA enforced against COVID-19 exposure by general duty clause citations during the six quarters (e.g., the Smithfield and JBS citations, Exs. AGY-FED-LABOR-IMMIGRATION-031 and -095), and every employee to comply with standards and orders applicable to his conduct (§ 654(b)).

Retrieval note

Government Publishing Office official PDF of the 2020 edition. Saved in the New York folder because the library holds no federal DUT exhibit of the general duty clause; the same instrument is saved in other States' Duties folders (e.g., Ex. DUT-MA-015). The OSHA Healthcare ETS, 29 C.F.R. § 1910.502 (June 21, 2021), is a federal-layer exhibit cited from the federal folder.