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  3. DUT-VA-008

Ex. DUT-VA-008 Standing duty Primary source read

DOLI, 'Coronavirus (COVID-19) ETS FAQs' page: Frequently Asked Questions on 16VAC25-220, with the Department's notices of the standard's effective dates and of the 24-hour outbreak-reporting duties under 16VAC25-220-40.B.7.d and.e (page as captured February 1, 2021)

Coronavirus (COVID-19) ETS FAQs, 16 VAC 25-220, Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19

Virginia Department of Labor and Industry, Virginia Occupational Safety and Health (VOSH) program · Virginia (State)

The COVID Project

The record

Jurisdiction
Virginia
Level
State
Authority
Va. Dep't of Labor & Indus., Coronavirus (COVID-19) ETS FAQs (as of Feb. 1, 2021)
Issued
2020-07-27 July 27, 2020
Effective
2020-07-27 (ETS); training Aug. 26 and Sept. 25, 2020; plans Sept. 25, 2020; permanent standard Jan. 27, 2021 (read as 2020-07-27)
End
Standard revoked Mar. 23, 2022 (Ex. AGY-ST-LABOR-WORKPLACE-043); FAQ archived Sept. 2021 (read as 2022-03-23)
In force
July 27, 2020 to Mar. 23, 2022
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesQuarantine and isolationStanding duty
Addressees
  • employers (every employer within VOSH jurisdiction)
Character
guidance incorporated
Collection
Standing duties: Virginia DUT-VA

Operative words

Employers shall report to VDH within 24 hours of the discovery of two or more of its own employees present at the place of employment within a 14-day period testing positive for SARS-CoV-2 virus during that 14-day time period.... Employers shall report to DOLI within 24 hours of the discovery of three or more of its own employees

Penalty

Violations of the standard cited and penalized under section 40.1-49.4 (Ex. DUT-VA-006)

What it required

The Department's own statement, addressed to every employer, of when the ETS took effect ('published in the Richmond Times Dispatch on July 27, 2020 and takes effect on the same day'), when the training and written-plan duties began (August 26 and September 25, 2020), and the mandatory outbreak-reporting duties to VDH and DOLI within 24 hours under the permanent standard; the page also indexes the Department's answers on coverage ('what industries and employers are covered'), on whether CDC-guidance compliance substitutes for the standard, and on whether the ETS supersedes the Governor's orders.

Retrieval note

The rendered capture shows the Department's notices, the effective-date statements and the full list of FAQ questions organized by standard section (10 Purpose, scope and applicability; 20 Dates; 30 Definitions; 40 Mandatory requirements for employers in all exposure risk levels; and following); the answers sit in collapsed accordion panels and are not in the rendered text, so the quotation above is taken from the notices, which are visible. The standard's own text is Exs. VA-036 and VA-037. The Department's later 'Final COVID-19 Standard Frequently Asked Questions' page (Feb. 2021) and its archived successor (Sept. 2021) were not saved.