2020 District of Columbia Code
Title 32 - Labor
Chapter 1A-i - Workplace Safety Protections During a Public Health Emergency
§ 32–141.01. Definitions

*NOTE: This section was created by temporary legislation that will expire on December 24, 2021.*

For the purposes of this chapter the term:

(1) "Active Covid-19 infection" means an infection confirmed by a diagnostic test for COVID-19 and not an antibody test.

(2) "Adverse employment action" means an action that an employer takes against an employee, including a threat, verbal warning, written warning, reduction of work hours, suspension, termination, discharge, demotion, harassment, material change in the terms or conditions of the employee's employment, or any other action that is reasonably likely to deter the employee from attempting to secure any right or protection contained in this chapter or to prevent or stop a violation of this chapter.

(3) "Attorney General" means the Attorney General for the District of Columbia, as established by § 1-204.35.

(4) "CDC" means the U.S. Centers for Disease Control.

(5) "COVID-19" means the disease caused by the novel coronavirus SARS-CoV-2.

(6) "COVID-19 symptoms" means symptoms identified by the CDC or DOH that may appear after exposure to COVID-19 and include fever, chills, cough, shortness of breath, difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion, runny nose, nausea, vomiting, conjunctivitis, a rash on skin or discoloration of fingers or toes, chest pain or pressure, loss of speech or movement, or diarrhea.

(7) "DOES" means the Department of Employment Services.

(8) "DOH" means the Department of Health.

(9) "Employee" includes any person suffered or permitted to work by an employer.

(10) "Employer" includes every individual, partnership, firm, general contractor, subcontractor, association, corporation, the legal representative of a deceased individual, or the receiver, trustee, or successor of an individual, firm, partnership, general contractor, subcontractor, association, or corporation, employing a person in the District of Columbia. The term "employer" includes the District government and its agencies and does not include the United States government or its agencies.

(12) "Mayor's Order" means an order related to the public health emergency issued by the Mayor pursuant to § 7-2304 or § 7-2304.01.

(13) "OSHA" means the U.S. Department of Labor Occupational Safety and Health Administration.

(14) "Personal protective equipment" means clothing or accessories worn as a barrier to protect against COVID-19, including face masks, disposable gloves, face shields, plexiglass barriers, or any other protective equipment required by federal or District law or regulations or Mayor's Order, required pursuant to a standard issued by OSHA, or recommended by the CDC or WHO, to make the transmission of COVID-19 between persons less likely.

(15) "PPE" means personal protective equipment.

(16) "Public health emergency" means the COVID-19 public health emergency declared on March 11, 2020, pursuant to Mayor's Order 2020-045, and all subsequent extensions.

(17) "WHO" means World Health Organization.

(18) "Workplace" means any physical structure or space, over which an employer maintains control, wherein an employee performs work for an employer. The term "workplace" does not include the home or other location where an employee teleworks that is not subject to the employer's control.

(19) "Workplace health and safety practices related to COVID-19" means a workplace health and safety practice related to an employer's compliance with federal or District law or regulations or Mayor's Orders, a standard issued by OSHA, or a recommendation by the CDC or WHO intended to make the transmission of COVID-19 between persons less likely.

(May 13, 2021, D.C. Law 24-6, § 101, 68 DCR 003198.)

For temporary (90 days) creation of this section, see § 101 of Workplace Safety During the COVID-19 Pandemic Emergency Amendment Act of 2021 (D.C. Act 24-26, Feb. 26, 2021, 68 DCR 002616).

For temporary (90 days) creation of this section, see § 101 of Protecting Businesses and Workers from COVID-19 Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-7, Feb. 1, 2021, 68 DCR 001822).

For temporary (90 days) creation of this section, see § 101 of Protecting Businesses and Workers from COVID-19 Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-483, Nov. 16, 2020, 67 DCR 13860).

For temporary (90 days) creation of this section, see § 101 of Protecting Businesses and Workers from COVID-19 Emergency Amendment Act of 2020 (D.C. Act 23-384, Aug. 13, 2020, 67 DCR 9870).

For temporary (225 days) creation of this section, see § 101 of Workplace Safety During the COVID-19 Pandemic Temporary Amendment Act of 2021 (D.C. Law 24-6, May 13, 2021, 68 DCR 003198).

For temporary (225 days) creation of this section, see § 101 of Protecting Businesses and Workers from COVID-19 Temporary Amendment Act of 2020 (D.C. Law 23-168, Dec. 23, 2020, 67 DCR 13025).