Sec. 4. Occupational safety or health hazard exemption
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The Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq.) is amended— in section 9 ( 29 U.S.C. 658 )— subsection (a), by striking If, upon inspection and inserting Except as provided in subsection (d), if, upon inspection ; and by adding at the end the following new subsection: 19 exemption For the period specified in paragraph (3), the Secretary may not exercise authority pursuant to subsection
(a)to issue a citation with respect to a violation related to the spread or possible transmission of SARS–COV–2 in the workplace if the Secretary determines that the employer acted in good faith. The term good faith has the meaning given such term in section 2(d) of the Get America Back to Work Act. The period specified in this paragraph is the period beginning on January 1, 2020, and ending on the date that is 18 months after the end of the emergency period (as defined in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) )). ; and in section 17 ( 29 U.S.C. 666 )— in subsection (a), by striking Any employer who willfully and inserting Except as provided in subsection (m), any employer who willfully ; in subsection (e), by striking Any employer who willfully and inserting Except as provided in subsection (m), any employer who willfully ; and by adding at the end the following new subsection: 19 exemption For the period specified in section 9(d)(3), with respect to the spread or possible transmission of SARS–COV–2 in the workplace, no employer who acted in good faith (as defined in section 2(d) of the Get America Back to Work Act) shall be subject to penalties under subsection
(a)or subsection (e). .
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- 42 USC 1320b–5(g)(1)(B)
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Sec. 4
Occupational safety or health hazard exemption
Cite42 USC 1320b–5(g)(1)(B)
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