The COVID Project
The record
- Jurisdiction
- Virginia
- Level
- State
- Authority
- Va. Code Ann. section 40.1-22(6a)
- 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
- the Safety and Health Codes Board (rule-making duty); employers (bound by the resulting standard)
- Character
- workplace duty
- Collection
- Standing duties: Virginia DUT-VA
Operative words
The Board shall provide... for an emergency temporary standard to take immediate effect upon publication in a newspaper of general circulation... if it determines that employees are exposed to grave danger from exposure to substances or agents determined to be toxic physically harmful or from new hazards, and that such emergency standard is necessary to protect employees from such danger.
Penalty
Standards adopted under it are enforced through section 40.1-49.4 (Ex. DUT-VA-006)
What it required
The Safety and Health Codes Board to adopt an emergency temporary standard, effective on newspaper publication, on a finding of 'grave danger' to employees, and to proceed within six months to a permanent standard; the power EO 63 section E directed the Department to use (Ex. VA-012) and under which 16VAC25-220 was adopted July 15, 2020 and published July 27, 2020 (Ex. VA-036; Ex. DUT-VA-008).
Retrieval noteSubdivision (6a) continues: 'The emergency temporary standard shall expire within six months when superseded by a permanent standard, whichever occurs first, or when repealed by the Board.' The ETS accordingly recited expiry 'within six months of its effective date, upon expiration of the Governor's State of Emergency, or when superseded by a permanent standard' (Ex. VA-036); the permanent standard took effect January 27, 2021 (Ex. VA-037). Briefing package for the Board's adoption is Ex. AGY-ST-LABOR-WORKPLACE-001.