Code of the District of Columbia

Chapter 11. Occupational Safety and Health.

§ 32–1101. Definitions.

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 this chapter.

(2) “Board” means the District of Columbia Occupational Safety and Health Board established by § 32-1105.

(3) “Commission” means the District of Columbia Occupational Safety and Health Commission established by § 32-1106.

(4) “District” means the District of Columbia.

(5) “Employee” means an individual working for an employer for a salary, wage, or other compensation or pursuant to any other contractual obligation.

(6) “Employer” means any person, firm, corporation, partnership, stock association, agent, manager, representative, foreman, or any other person having control or custody of any place of employment or of any employee. The term “employer” shall include a District government or quasi-governmental agency and an entity established pursuant to interstate compact. The term “employer” shall not include the United States government or its agencies.

(7) “Federal Act” means the Occupational Safety and Health Act of 1970, approved December 29, 1970 (84 Stat. 1590; 29 U.S.C. § 651 et seq.).

(8) “Inspection” means an examination of a workplace on a routine basis.

(9) “Investigation” means an examination of a specific hazard, accident, injury, or death.

(10) “Plan” means the occupational safety and health plan for the District provided for in § 32-1104.

(11) “Secretary” means the Secretary of the United States Department of Labor.

(12) “Standard” means an occupational safety and health standard that requires conditions or the adoption or use of 1 or more practices, means, methods, operations, or processes that are reasonably necessary or appropriate to provide safe or healthful employment and places of employment.

§ 32–1102. Applicability to employment in workplaces. [Not Applicable]

Not Applicable.

§ 32–1103. Duties of employer and employees. [Not Applicable]

Not Applicable.

§ 32–1104. Occupational safety and health plan.

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 effective in ensuring safety and healthful workplaces and conditions of employment as the agreements, contracts, standards, rules, and regulations made or promulgated pursuant to the Federal Act.

§ 32–1105. District of Columbia Occupational Safety and Health Board. [Not Applicable]

Not Applicable.

§ 32–1106. Occupational Safety and Health Commission. [Not Applicable]

Not Applicable.

§ 32–1107. Powers of administration and enforcement. [Not Applicable]

Not Applicable.

§ 32–1108. Occupational safety and health standards. [Not Applicable]

Not Applicable.

§ 32–1109. Emergency temporary rules. [Not Applicable]

Not Applicable.

§ 32–1110. Temporary variances; application for temporary order. [Not Applicable]

Not Applicable.

§ 32–1111. Permanent variances. [Not Applicable]

Not Applicable.

§ 32–1112. Inspection and investigations. [Not Applicable]

Not Applicable.

§ 32–1113. Recordkeeping and reporting. [Not Applicable]

Not Applicable.

§ 32–1114. Citations. [Not Applicable]

Not Applicable.

§ 32–1115. Procedure for enforcement. [Not Applicable]

Not Applicable.

§ 32–1116. Judicial review and enforcement. [Not Applicable]

Not Applicable.

§ 32–1117. Nondiscrimination. [Not Applicable]

Not Applicable.

§ 32–1118. Procedures to counteract imminent danger. [Not Applicable]

Not Applicable.

§ 32–1119. Confidentiality of trade secrets. [Not Applicable]

Not Applicable.

§ 32–1120. Civil penalties. [Not Applicable]

Not Applicable.

§ 32–1121. Criminal penalties. [Not Applicable]

Not Applicable.

§ 32–1122. Action against District government. [Not Applicable]

Not Applicable.

§ 32–1123. Establishment of Office of Occupational Safety and Health; promulgation of rules and regulations. [Not Applicable]

Not Applicable.

§ 32–1124. Applicability.

(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 in effect following March 16, 1989, unless replaced or repealed by rules and standards promulgated under this chapter.

(c) Nothing in this chapter shall be construed to supercede or in any manner affect any worker’s compensation law or to enlarge or diminish the common law or statutory rights, duties, or liabilities of employers and employees with respect to any injury, disease, or death of an employee arising from or in the course of employment.