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

Protecting High-Risk Individuals: Recommendations for the Workplace (Utah Labor Commission, May 2020)

Protecting High-Risk Individuals -- Recommendations for the Workplace

Utah Labor Commission (with the Utah Occupational Safety and Health Division, WCF Insurance and the Utah Department of Health) · Utah (State)

The COVID Project

The record

Jurisdiction
Utah
Level
State
Authority
Utah Code section 34A-6-104 (Commission's powers) and section 34A-6-201 (employer duty); the document itself recites the CDC guidelines and the Utah Leads Together 2.0 Plan as the sources of its criteria
Issued
2020-05-24 May 24, 2020
Effective
2020-05 (recommendations; no effective date) (read as 2020-05-24)
End
recommendation (no termination date) (read as 2021-09-30)
In force
May 24, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rules
Addressees
  • employers (all workplaces; industry-specific sections)
Character
recommendation only
Collection
Standing duties: Utah DUT-UT

Operative words

For the purposes of these recommendations, high-risk individuals would include all people in the workforce who meet any of the following criteria as outlined in CDC guidelines and the Utah Leads Together 2.0 Plan.... Protective Measures Employers Should Implement for ALL Employees... All individuals should wear masks or cloth face coverings in public spaces

Penalty

None of its own; recorded as a recommendation

What it required

Recommended ('should'), for every workplace and for listed industries, the hierarchy-of-controls measures, face coverings in public spaces, cleaning of common areas, training of all employees on COVID-19 exposure and prevention, and specific protections for the employees the document identifies as vulnerable; the document imposes no duty of its own, and its legal effect ran through the employer's general duty under section 34A-6-201 (Ex. DUT-UT-011) and through the Governor's Phased Guidelines orders, which incorporated the Utah Leads Together plan's protections for those employees (Exs. UT-012, UT-013).

Retrieval note

Honesty rule applied: every operative verb in this document is 'should' or 'recommend'; it is pleaded as a recommendation. The Commission's release (Wayback capture of May 27, 2020, read but not saved) states that 'the Utah Labor Commission issued recommendations to reduce the risk of infection' and that 'UOSH personnel are available to answer questions and provide guidance to employers in implementing these precautions.' The State's workplace FAQ (Ex. DUT-UT-020) links this document under 'Protecting High-Risk Individuals' and states that 'high-risk individuals and the companies that employ them should follow instructions issued by the Utah Department of Health.'.