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Ex. DUT-VA-017 Standing duty Primary source read

Frequently Asked Questions Regarding Executive Order Fifty-Three

Frequently Asked Questions Regarding Executive Order Fifty-Three

Office of the Governor (document hosted by the Virginia Department of Labor and Industry) · Virginia (State)

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The record

Jurisdiction
Virginia
Level
State
Authority
Office of the Governor, Frequently Asked Questions Regarding Executive Order Fifty-Three (Mar. 2020) (as posted by the Va. Dep't of Labor & Indus.)
Issued
2020-04-13 Apr. 13, 2020
Effective
2020-03-24 11:59 p.m. (EO 53), 'until Thursday, April 23 at 11:59 PM' as the FAQ states, later extended to May 14, 2020 (read as 2020-03-24)
End
2020-05-14 (EO 53 closures; Exs. VA-007, VA-009) (read as 2020-05-14)
In force
Mar. 24, 2020 to May 14, 2020
Quarters
2020 Q2
Limitation types
Business closureTelework mandateCapacity limitGathering capWorkplace rules
Addressees
  • specified businesses (recreation and entertainment; restaurants and beverage; non-essential retail); employers generally (professional services; essential businesses)
Character
guidance incorporated
Collection
Standing duties: Virginia DUT-VA

Operative words

Non-essential retail businesses must limit their operations to ten patrons or less with adequate social distancing. If they cannot limit their operations to 10 patrons or less with adequate social distancing, then they must close.... Where telework is not feasible, such businesses must adhere to social distancing recommendations, enhanced sanitizing practices on common surfaces

Penalty

Class 1 misdemeanor under section 44-146.17 (EO 53 paragraphs 1, 3, 4 and 6)

What it required

The Commonwealth's own explanation of EO 53's duties on every business class: recreational and entertainment businesses 'must close to the public'; restaurants 'must close their dining and congregation areas'; non-essential retail 'must limit their operations to ten patrons or less with adequate social distancing' or 'must close'; other businesses 'should utilize teleworking as much as possible' and, where telework is not feasible, 'must adhere to social distancing recommendations, enhanced sanitizing practices'; essential businesses 'must, to the extent possible, practice social distancing, increase sanitizing of common surfaces'; employees concerned that an employer was not following the guidance were directed to 'contact OSHA or the Virginia Department of Labor and Industry'; 'Businesses in violation of this order may be charged with a Class 1 misdemeanor.'

Retrieval note

Retrieved as the Wayback Machine's raw capture of April 13, 2020 from the Department of Labor and Industry's site, which posted the Governor's FAQ beside EO 53 and EO 55 for employers. The FAQ's verbs track the order's exactly: 'must' for closures and the 10-patron rule, 'should' for telework, 'must adhere' for distancing and sanitizing where telework is not feasible (compare Ex. VA-004 paragraphs 6 to 8).