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Under the General Duty Clause of Section 5 of the Occupational Safety and Health Act, there are two responsibilities for the employer (section 5(a)). The 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 Act.

If your site has a COVID-19 outbreak, OSHA may consider whether you adhered to any ordinances in effect at the time.

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