29 chapters · 375 sections in this title.
D.C. Code § 32-1101 Definitions
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For the purposes of this chapter, the term: (1) “Authorized employee representative” means a person or persons selected and authorized by the employee or employees of a workplace to assist or represent the employee or employees in exercising their rights under the provisions of t…
D.C. Code § 32-1102 Applicability to employment in workplaces
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(a) Except as otherwise provided in this section, this chapter shall apply to employment performed in any workplace in the District. (b) This chapter shall not apply to the premises of an establishment of the United States government unless the physical premises are controlled by…
D.C. Code § 32-1103 Duties of employer and employees
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(a) Each employer shall: (1) Furnish employees with a place and conditions of employment that are free from recognized hazards that may cause or are likely to cause death or serious physical harm or illness to the employees; and (2) Comply with all occupational safety and health …
D.C. Code § 32-1104 Occupational safety and health plan
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Within 1 year from March 16, 1989, and pursuant to § 18 of the Federal Act [29 U.S.C. § 667 ], the Mayor shall adopt and submit to the Secretary an occupational safety and health plan. The plan shall be consistent with the provisions of this chapter and shall be at least as effec…
D.C. Code § 32-1105 District of Columbia Occupational Safety and Health Board
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(a) There is established within the executive branch of the District, a District of Columbia Occupational Safety and Health Board. The Board shall be composed of 7 members appointed by the Mayor, with the advice and consent of the Council from among those residents of the Distric…
D.C. Code § 32-1106 Occupational Safety and Health Commission
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(a) There is established an Occupational Safety and Health Commission. The Chairperson of the Board or a designee of the Chairperson of the Board shall serve as Chairperson of the Commission. The Chairperson of the Board, 1 labor and 1 management Board member shall serve on the C…
D.C. Code § 32-1107 Powers of administration and enforcement
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(a) Except as provided in §§ 32-1105, 32-1106, and 32-1117, the Mayor shall administer and enforce the provisions of this chapter and may, consistent with the provisions of this chapter, delegate any power or authority to a designee of the Mayor. (b) The Mayor shall, pursuant to …
D.C. Code § 32-1108 Occupational safety and health standards
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(a) Whenever an occupational safety and health standard is in effect under section 4(b)(2) [29 U.S.C. § 653(b)(2)] or section 6 [29 U.S.C. § 655] of the Federal Act, the Board may adopt the standard as the applicable standard for the District by publishing the standard as a rule …
D.C. Code § 32-1109 Emergency temporary rules
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(a) The Board may adopt an emergency temporary rule pursuant to § 2-505(c) whenever an emergency temporary rule is issued pursuant to the Federal Act or whenever the Board determines: (1) That employees are exposed to grave danger from exposure to substances or agents determined …
D.C. Code § 32-1110 Temporary variances; application for temporary order
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(a) An employer may apply to the Board for a temporary order granting a variance from a rule or a provision of a rule promulgated pursuant to this chapter. The temporary order shall be granted only if the employer files an application that meets the requirements of subsection (c)…
D.C. Code § 32-1111 Permanent variances
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(a) An affected employer may apply to the Board for a permanent variance from a rule promulgated under this chapter. The employer shall provide to affected employees notice of each application and an opportunity to participate in a hearing. The Board shall issue the requested var…
D.C. Code § 32-1112 Inspection and investigations
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(a) In order to carry out the purposes of this chapter, the Mayor, upon presenting appropriate credentials to the employer, is authorized, consistent with constitutional guidelines to: (1) Enter without delay and at reasonable times, a workplace, where work is performed by an emp…
D.C. Code § 32-1113 Recordkeeping and reporting
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(a) Each employer shall make, keep, preserve, and make available to the Mayor any records relating to this chapter that the Mayor may require, by rule, for the enforcement of this chapter or for the development of information regarding the causes and prevention of occupational ac…
D.C. Code § 32-1114 Citations
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(a) If, upon an inspection or investigation, the Mayor believes that an employer has violated a requirement of § 32-1103 or a rule or order promulgated pursuant to § 32-1108, § 32-1109, § 32-1110, or § 32-1111, the Mayor shall, after completion of the inspection or investigation,…
D.C. Code § 32-1115 Procedure for enforcement
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(a) If, within the time period following service of a citation specified in § 32-1114, the employer fails to notify the Mayor that the employer intends to contest the citation or proposed penalty and no notice is filed by an employee or representative of the employee under subsec…
D.C. Code § 32-1116 Judicial review and enforcement
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(a) Within 60 days of the issuance of a decision or order by the Commission or the issuance of a final order of the Mayor when the Commission does not review a decision or order of the Mayor, an employer, employee, or representative of an employee, suffering a legal wrong or adve…
D.C. Code § 32-1117 Nondiscrimination
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(a) No person shall discharge or discriminate against an employee because an employee has filed a complaint, instituted or caused to be instituted a proceeding pursuant to this chapter, testified or is about to testify in a proceeding, exercised a right afforded by this chapter o…
D.C. Code § 32-1118 Procedures to counteract imminent danger
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(a) The Superior Court shall, upon petition of the Mayor, restrain or enjoin conditions or practices in any place of employment which are a danger and could reasonably be expected to cause death or serious physical harm either immediately or before the imminence of danger can be …
D.C. Code § 32-1119 Confidentiality of trade secrets
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All information reported to or otherwise obtained by the Mayor or the Commission in connection with an inspection, investigation, or proceeding under this chapter which contains or which might reveal a trade secret, shall be considered confidential, except that information may be…
D.C. Code § 32-1120 Civil penalties
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(a) An employer who willfully or repeatedly violates the requirement of § 32-1103, a rule promulgated or order issued pursuant to § 32-1108, § 32-1109, § 32-1110, or § 32-1111, or any other rule promulgated pursuant to this chapter, may be assessed a civil penalty of not more tha…
D.C. Code § 32-1121 Criminal penalties
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(a) An employer who willfully violates a rule promulgated or order issued pursuant to § 32-1108, § 32-1109, § 32-1110, or § 32-1111 or any other rule promulgated pursuant to this chapter, and that violation causes death to an employee, the employer, shall, upon conviction, be sub…
D.C. Code § 32-1122 Action against District government
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(a) The provisions of §§ 32-1120 and 32-1121 shall not apply to a District government or quasi-government agency or an entity established pursuant to interstate compact, except as provided in subsection (b) of this section. (b) An affected employee of a District government or qua…
D.C. Code § 32-1123 Establishment of Office of Occupational Safety and Health; promulgation of rules and regulations
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Upon approval of the plan by the Secretary, the Mayor shall have 2 years to establish the Office of Occupational Safety and Health and to promulgate rules to carry out the provisions of this chapter. Nothing in this chapter shall affect any requirements imposed upon the Mayor by …
D.C. Code § 32-1124 Applicability
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(a) Sections 32-1102, 32-1103, 32-1105 through 32-1123, and the repeal of Subchapter I of Chapter 8 of Title 32 shall apply 2 years after approval of the plan by the Secretary. (b) Rules and standards adopted pursuant to any act repealed or superseded by this chapter shall remain…