2020 District of Columbia Code
Title 32 - Labor
Chapter 1A-i - Workplace Safety Protections During a Public Health Emergency
§ 32–141.04. Enforcement by the Mayor

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

(a)(1) The Mayor may enforce and administer this chapter by conducting investigations (of the Mayor's own volition or after receiving a complaint), holding hearings, and assessing penalties. The Mayor shall have the power to administer oaths and examine witnesses under oath, issue subpoenas, compel the attendance of witnesses; compel the production of papers, books, accounts, records, payrolls, documents, and testimony; and to take depositions and affidavits in any proceedings before the Mayor.

(2) A person to whom a subpoena or notice of deposition has been issued pursuant to paragraph (1) of this subsection shall have the opportunity to move to quash or modify the subpoena, or to object to the notice of deposition, in the Superior Court of the District of Columbia. In case of the failure of a person to comply with any subpoena lawfully issued under this subsection, or on the refusal of a witness to testify to any matter regarding which he or she may be lawfully interrogated, it shall be the duty of the Superior Court of the District of Columbia, or any judge thereof, upon application by the Mayor, to compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from the Court or a refusal to testify therein.

(b)(1) The Mayor may receive complaints for violations of §§ 32-141.02 and 32-141.03 through the District's 311 telephone service or portal, and through the District's Coronavirus website at https://coronavirus.dc.gov. The Mayor may also receive complaints through other means.

(2) To file a complaint, a complainant shall provide the name and location of the business or entity alleged to have committed a violation of this chapter, provide a description of the nature of the violation, and indicate the date and time of the observed violation. Paragraph (3)(A) of this subsection shall not apply if a complainant does not provide the complainant's name or contact information with the complaint.

(3)(A) Within 2 business days after receipt of a complaint, the Mayor shall confirm receipt, in writing, to the complainant (either via email or by depositing a written notice of confirmation in the United States mail). Written confirmation may include a unique case number, the date and time of receipt of the complaint, and information on how to track the complaint process.

(B) The Mayor shall begin an investigation of the violations alleged in the complaint within 5 business days after receiving the complaint.

(4)(A) The Mayor shall complete all investigations of complaints received pursuant to this section within 60 days after receipt of the complaint and issue written findings within 90 days after receipt of the complaint related to whether:

(i) The violation complained of was substantiated;

(ii) If substantiated, it is the employer's first violation or the employer is a repeat violator; and

(iii) Fines or corrective action were imposed.

(B) If the complainant provided contact information, the Mayor shall send the findings to the complainant (by email or by depositing the findings in the United States mail). Written findings may be accompanied by statements regarding an employee's right to discuss and complain of workplace safety violations without retaliation pursuant to this chapter and an employee's right to relief through a private cause of action pursuant to § 32-141.06.

(c)(1) The Mayor may impose the following civil fines for a violation of § 32-141.02 or § 32-141.03:

(A) For violations of § 32-141.02, up to $1,000 per violation per employee per day for each violation.

(B) For violations of § 32-141.03, up to $2,000 per violation.

(2) Enforcement and adjudication of fines imposed pursuant to paragraph (1) of this subsection shall be pursuant to Chapter 18 of Title 2.

(3) The penalties in this section are not preclusive of any other applicable statutory penalties.

(d) Each month, the Mayor may post on the District's Coronavirus website a summary of the complaints received pursuant to this section. The summary may include:

(1) The total number of complaints received for the month;

(2) The total number of alleged violations delineated by:

(A) Type of alleged violation; and

(B) The industry (restaurant, higher education, childcare, religious organization, social services organization, retail, etc.) in which the alleged violation occurred;

(3) The status of the investigation into each complaint, whether resolved or unresolved; and

(4) The name of each business for which a violation was found and a statement of the penalty imposed.

(e) Nothing in this subsection shall be interpreted as obligating the Mayor to impose fines on the District or a District agency for a violation of this chapter.

(May 13, 2021, D.C. Law 24-6, § 104, 68 DCR 003198.)

For temporary (90 days) creation of this section, see § 104 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 § 104 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 § 104 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 § 104 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 § 104 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 § 104 of Protecting Businesses and Workers from COVID-19 Temporary Amendment Act of 2020 (D.C. Law 23-168, Dec. 23, 2020, 67 DCR 13025).