The COVID Project
The record
- Jurisdiction
- Virginia
- Level
- State
- Authority
- Va. Code Ann. section 40.1-51.1(A)
- Effective
- standing throughout 2020 Q2 to 2021 Q3
- End
- standing (read as 2021-09-30)
- In force
- Standing (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesStanding duty
- Addressees
- employers (every employer within VOSH jurisdiction, which in Virginia covers private-sector and State and local government employment)
- Character
- workplace duty
- Collection
- Standing duties: Virginia DUT-VA
Operative words
It shall be the duty of every employer to furnish to each of his employees safe employment and a place of employment that is free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees and to comply with all applicable occupational safety and health rules and regulations promulgated under this title.
Penalty
Enforced through section 40.1-49.4 (Ex. DUT-VA-006): citation, abatement order, civil penalties, injunction, criminal punishment for willful violation causing death
What it required
Every employer to furnish safe employment and a workplace free from recognized hazards likely to cause death or serious physical harm, and to comply with every VOSH rule and regulation, including 16VAC25-220 from July 27, 2020; EO 72 named this section as the Department of Labor and Industry's authority to enforce the business restrictions of the order (Ex. VA-016).
Retrieval noteVirginia operates an OSHA-approved State plan (VOSH) covering private employers; the federal general duty clause, 29 U.S.C. 654(a)(1), is not the operative duty for Virginia private employers, whose duty is this section. Subsection D also requires reports to the Department within eight hours of a work-related fatality and within 24 hours of certain injuries.