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Ex. AGY-ST-LABOR-WORKPLACE-001 Order Primary source read

Briefing Package: Emergency Temporary Standard / Emergency Regulation, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19, 16VAC25-220 (Board meeting June 24, 2020, continued June 29 and July 15, 2020)

Emergency Temporary Standard/Emergency Regulation, Infectious Disease Prevention, SARS-CoV-2 Virus That Causes COVID-19 (briefing package, June 23, 2020)

Virginia Department of Labor and Industry for the Safety and Health Codes Board · Virginia; Safety and Health Codes Board, Department of Labor and Industry (State-plan OSHA agency, statewide) (Sector regulator)

The COVID Project

The record

Jurisdiction
Virginia; Safety and Health Codes Board, Department of Labor and Industry (State-plan OSHA agency, statewide) · Virginia
Level
Sector regulator
Authority
Va. Code §§ 40.1-22(6a), 2.2-4011; EO 63 § E
Issued
2020-06-23 June 23, 2020
Effective
n/a (rulemaking record); the standard it supported was adopted July 15, 2020 and took effect July 27, 2020 (Ex. VA-036) (read as 2020-07-15)
End
n/a; the ETS expired on adoption of the permanent standard effective Jan. 27, 2021 (Ex. VA-037); the permanent standard was revoked effective Mar. 23, 2022 (Ex. AGY-ST-LABOR-WORKPLACE-043) (read as 2021-01-27)
In force
July 15, 2020 to Jan. 27, 2021
Quarters
2020 Q32020 Q42021 Q1
Limitation types
Face-covering requirementWorkplace rulesQuarantine and isolation
Addressees
  • every employer, employee and place of employment within VOSH jurisdiction
Functions reached
  • EMP employer-directed workplace rules in every industry (exposure assessment, distancing, face coverings, sanitation, notification, return-to-work)
  • WF workforce (exclusion of symptomatic and exposed employees)
  • HR training and written infectious disease preparedness and response plans
  • OP office and administration
Collection
State labor and workplace-safety agencies AGY-ST-LABOR-WORKPLACE

Operative words

Workplace exposures to SARS-CoV-2 and COVID-19 constitute a grave danger to employees and employers in Virginia necessitating the adoption of an emergency temporary standard pursuant to Va. Code § 40.1-22(6a).

Enforcement

VOSH citations and civil penalties under Va. Code § 40.1-49.4 (recited in the standard; see Ex. VA-036)

Notes

The Board's own record of why it acted and under what power; useful to prove that the ETS was an instrument with force of law issued by an appropriate governmental authority.

Retrieval note

4.2 MB; 200-plus pages including the proposed ETS text and the Board's statutory-construction memorandum on § 40.1-22(6a).