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Virginia adopts permanent COVID-19 workplace safety and health standards

George Copeland Jr. | 2/4/2021, 6 p.m.
Social distancing, face masks, sanitation, infectious disease preparedness and response plans are now mandated for public and private workplaces in …
Governor Northam

Social distancing, face masks, sanitation, infectious disease preparedness and response plans are now mandated for public and private workplaces in Virginia following Gov. Ralph S. Northam’s recent approval of permanent workplace safety and health standards.

The standards, which went into effect Jan. 27, are designed to keep workers safe and stem COVID-19’s spread and align closely with the emergency temporary rules adopted in July.

Among others, the permanent standards require all employees who interact with the public to wear masks and for workplaces to have a ready supply and access to hand sanitizer and regular sanitation of work spaces.

Businesses also must develop plans to prepare for and respond to instances of infectious disease and train employees in COVID-19 safety.

Additionally, the rules include guidelines for returning to work and communicating about employees who test positive and potential exposures.

The Virginia Department of Labor and Industry will enforce the standards. “While the end of this pandemic is finally in sight, the virus is still spreading, including several highly contagious variants,” Gov. Northam said in a statement. “Now is not the time to let up on preventative measures,”

He lauded businesses that take the necessary steps to operate safely.

“These standards will reduce the risk of COVID-19 exposure and protect the health and safety of Virginia workers, consumers and communities as we move our Commonwealth forward together,” he said.

The new rules require businesses to make a report to the Virginia Department of Health if they have two or more positive COVID-19 cases among their employees.

The changes also eliminate a test-based, return-to-work requirement for employees. Instead, the rules will be consistent with current guidelines issued by the federal Centers for Disease Control and Prevention stating that an employee can return to work after 10 days, with one day free of any coronavirus symptoms. Previously, the requirement was 10 days with three symptom-free days.

These new standards were welcomed by the Virginia AFL-CIO as a needed step to protect the well-being of essential workers.

“We are proud of Virginia’s bold leadership from the Virginia Health and Safety Board to the Governor’s Office, and to all the advocacy groups on protecting workers during the pandemic, but now, more importantly, protecting them once we triumph over COVID-19,” said Virginia AFL-CIO President Doris Crouse-Mays in a statement. “Finally, the voices of workers have not just been heard, but they have been listened to, acted upon and protected.”

The Virginia Department of Labor and Industry will work to ensure a business follows safety requirements if the department receives a complaint. If there are multiple complaints, or if serious concerns are raised during fact-finding interviews, then the department will launch a formal investigation.

The department has received more than 13,000 complaints about workplace safety since the start of the pandemic, officials said. Of those, 100 complaints have led to full investigations, with 27 employers receiving citations.