The COVID Project
The record
- Jurisdiction
- Virginia
- Level
- Sector regulator
- Authority
- Va. Code § 40.1-22(6a)
- Issued
- 2021-01-13 Jan. 13, 2021
- Effective
- 2021-01-27 (16VAC25-220-70 plan and -80 training requirements effective Mar. 26, 2021) (read as 2021-01-27)
- End
- Amended effective Sept. 8, 2021 (VA-038); in force throughout 2021 Q3 (read as 2021-09-08)
- In force
- Jan. 27, 2021 to Sept. 8, 2021
- Quarters
- 2021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
- Addressees
- every employer, employee and place of employment within VOSH jurisdiction
- Functions reached
- HR
- OP
- WF
- PF
- WH
- JS
- SF
- DR
- SL
- DR drivers (shared vehicles)
- SB subcontractors
- all workplace functions
- Collection
- Virginia VA
Operative words
16VAC25-220-40. Mandatory requirements for all employers. A. Employers shall ensure compliance with the requirements in this section to protect employees in all exposure risk levels from workplace exposure to the SARS-CoV-2 virus that causes the COVID-19 disease. B.... 1. Employers shall assess their workplace for hazards and job tasks that can potentially expose employees to the SARS-CoV-2 virus or COVID-19 disease.... [Employers shall not permit employees known or suspected to be infected to report to or remain at work or engage in work at a customer or client location until cleared for return to work]... Subcontractors shall not allow their employees known or suspected to be infected with the SARS-CoV-2 virus to report to or be allowed to remain at work or on a job site until cleared for return to work.... [notify] The employer's own employees who may have been exposed, within 24 hours of discovery of the employees' possible exposure... C. Return to work. Employers shall develop and implement policies and procedures for employees known or suspected to be infected with the SARS-CoV-2 virus to return to work.... F. When multiple employees are occupying a vehicle for work purposes, employers shall use the hierarchy of hazard controls... 16VAC25-220-70.... Medium with 11 or more employees shall develop and implement a written Infectious Disease Preparedness and Response Plan.... 16VAC25-220-90. Discrimination against an employee for exercising rights under this standard is prohibited.
Enforcement
VOSH citations and civil penalties under Va. Code § 40.1-49.4; § 16VAC25-220-90 anti-discrimination; the Secretary of Commerce and Trade may exercise discretion as to PPE-supply failures
Notes
Binding on every Virginia employer through the third quarter of 2021; § 16VAC25-220-20.C required the Board to meet within 14 days of the emergency's expiration to decide whether the standard should continue (it continued). Register Vol. 37, Iss. 13 (Feb. 15, 2021).
Retrieval noteBoard adoption date Jan. 13, 2021 taken from the Register's summary; the exclusion clause in brackets is paraphrased from subsection B and should be quoted from the exhibit.