The COVID Project
The record
- Jurisdiction
- United States (applicable to West Virginia private-sector employers; West Virginia has no approved State OSHA plan for private employers) · West Virginia
- Level
- Federal
- Authority
- 29 U.S.C. § 654(a)(1)-(2) (2020 ed.)
- Issued
- 1970-12-29 Dec. 29, 1970
- Effective
- In force throughout 2020 Q2 to 2021 Q3 (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 (private sector, in every industry, in West Virginia)
- Character
- workplace duty
- Collection
- Standing duties: West Virginia DUT-WV
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
Civil penalties under 29 U.S.C. § 666; criminal penalties for willful violations causing death
What it required
Every West Virginia private-sector employer to abate the recognized hazard of SARS-CoV-2 transmission in the workplace and to comply with the applicable OSHA standards (respiratory protection, PPE, sanitation, recordkeeping and, from June 21, 2021, the Healthcare ETS, 29 C.F.R. § 1910.502).
Retrieval noteRead together with W. Va. Code § 21-3-1 (Ex. DUT-WV-011): the State duty is broader on its face ('sanitation and hygiene... for the protection of... employees or the public'); the federal duty supplies the enforcement machinery for private workplaces. West Virginia's own OSHA statute for public employers (W. Va. Code ch. 21, art. 3A) is not relied on here.