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Ex. DUT-WV-031 Standing duty Primary source read

29 U.S.C. § 654(a) (general duty clause) (cross-reference to Ex. DUT-AL-009; not re-saved)

Each employer shall furnish a place of employment free from recognized hazards causing or likely to cause death or serious physical harm, and shall comply with OSHA standards

Congress (Occupational Safety and Health Act of 1970, § 5) · United States (applicable to West Virginia private-sector employers; West Virginia has no approved State OSHA plan for private employers) (Federal)

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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
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 note

Read 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.