The COVID Project
The record
- Jurisdiction
- Virginia
- Level
- State
- Authority
- Va. Code Ann. section 40.1-49.4
- 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
- Character
- workplace duty
- Collection
- Standing duties: Virginia DUT-VA
Operative words
If the Commissioner has reasonable cause to believe that an employer has violated any safety or health provision of Title 40.1 or any standard, rule or regulation adopted pursuant thereto, he shall with reasonable promptness issue a citation to the employer.... such violation is determined to be a serious violation shall be assessed a civil penalty of up to $12,471
Penalty
Civil penalties of up to $12,471 (non-serious; serious; per day of failure to abate) and $124,709 (willful or repeated), as adjusted under subsection P; criminal fine of up to $70,000 or six months for a willful violation causing death (up to $140,000 or one year on a second conviction); injunction in circuit court
What it required
Gives the Commissioner of Labor and Industry the citation, abatement-order, penalty and injunction powers that made section 40.1-51.1 and 16VAC25-220 enforceable against every employer: civil penalty of up to $12,471 for a non-serious violation (G), a mandatory civil penalty of up to $12,471 for a serious violation (H), up to $12,471 per day for failure to abate (I), up to $124,709 for a willful or repeated violation (J), and, for a willful violation causing an employee's death, a fine of up to $70,000 or imprisonment of up to six months, or both, doubled for a second conviction (K).
Retrieval noteSubsection H: a serious violation 'shall be assessed a civil penalty of up to $12,471.' The dollar figures are the statutory baselines 'as such amount may be adjusted as provided in subsection P' (annual inflation adjustment); the figures actually assessed in 2020 and 2021 were the adjusted amounts published by the Department. 16VAC25-220 recited this section as its enforcement mechanism (Exs. VA-036, VA-037).