It is completely reasonable to assume that the legal requirements of Code of VA (CoV) 40.22-4 were disregarded in the execution of this standard. CoV 40.1-22 requires that the Safety and Health Codes Board (SHCB) "study and investigate all phases of safety in business establishments" as it relates to the standard. Certainly many other occupational laws have required many years of investigative research, composition, feedback by stakeholders, rewriting based on stakeholder feedback and passage into law. It is inconceivable that this requirement of VA law could be executed by the SHCB in the short 45-90 days it took execute this standard. This duty is owned to VA taxpayers by the State of Virginia.

There were several significant and onerous changes, and numerous other changes included in the 7/15/20 final version of the standard that were not included in the 6/23/20 draft version of the standard that was available for public comment under the provision of 6VAC25-60-170, Public Participation in the Adoption of Standards, that now must be executed and burdened by employers as of 8/26/20. Specifically the final language added to 16VAC25-220-40.A.8(c)-(e) creates the potential for inflated positive test case rate recording, thus allowing a catalyst to slow the full "reopening of Virginia", causing further financial hardships. 16VAC25-220-80.G.1 substantially complicates and burdens employers in their execution of employee training by summarizing 35 pages of standard into understandable layperson terms.

For these reasons, as well as many others that cant be presented in 3000 words, the VA Business Coalition should seek a Declarative Judgement and Temporary Injunction of the entire standard allowed by CoV 40.1-22.7.