Virginia Adopts First-in-the-Nation Workplace Safety Standards for COVID-19 Pandemic – July 15, 2020
Governor Ralph Northam today announced the adoption of Statewide Emergency Workplace Safety Standards in response to the novel coronavirus, or COVID-19.
Reporting COVID-19 positive cases: 16 VAC 25-220.B.7.e of the Final Standard provides that “The employer shall notify the Virginia Department of Labor and Industry (DOLI) within 24 hours of the discovery of three (3) or more employees present at the place of employment within a 14-day period testing positive for SARS-CoV-2 virus during that 14-day time period.”
COVID-19 case reports must be filed through the Virginia Department of Health’s (VDH) online reporting portal. By using this portal, these case reports will ensure VDH and DOLI reporting compliance. The new online reporting portal allows employers to submit up to 10 Covid-19 positive cases.
IMPORTANT NOTICE:
Effective January 27, 2021, in accordance with the Virginia Department of Labor and Industry’s Virginia Occupational Safety and Health program Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes COVID-19, 16VAC25-220-40.B.7.d and -40.B.7.e:
Notifications to the Virginia Department of Health (VDH), 16VAC25-220-40.B.7.d
Employers shall report to VDH within 24 hours of the discovery of two or more of its own employees present at the place of employment within a 14-day period testing positive for SARS-CoV-2 virus during that 14-day time period.
After the initial report of outbreak (two or more cases), employers shall continue to report all cases to VDH until the local health department notifies the business that the outbreak has been closed.
After the outbreak is closed, subsequent identification of two or more cases of COVID-19 during a declared emergency shall be reported, as above.
Notifications to the Department of Labor and Industry (DOLI), 16VAC25-220-40.B.7.e
Employers shall report to DOLI within 24 hours of the discovery of three or more of its own employees present at the place of employment within a 14-day period testing positive for SARS-CoV-2 virus during that 14-day time period.
A reported positive SARS-CoV-2 test does not need to be reported more than once and will not be used for the purpose of identifying more than one grouping of three or more cases, or more than one 14-day period.
Safety and Health Codes Board Electronic Emergency Meeting – July 15, 2020
NEW! Final Emergency Temporary Standard (ETS) Adopted at the July 15th, 2020 Continued Emergency Meeting
The ETS incorporates the following documents by reference:
Environmental Protection Agency (EPA) List N for use against SARS-CoV-2
Biosafety in Microbiological and Biomedical Laboratories” (Dec. 2009)
NEW! Outreach, Education and Training For The COVID-19 Emergency Temporary Standard, 16VAC25-220
Safety and Health Codes Board Electronic Emergency Meeting – June 24, 2020
https://townhall.virginia.gov/L/ViewMeeting.cfm?MeetingID=31004
Recording of the June 24, 2020 Emergency Safety and Health Codes Board Meeting
Safety and Health Codes Board Continued Electronic Emergency Meeting- June 29, 2020
https://townhall.virginia.gov/
Recording of the June 29, 2020 Emergency Safety and Health Codes Board Meeting
Safety and Health Codes Board Continued Electronic Emergency Meeting- July 7, 2020
https://townhall.virginia.gov/
Recording of the July 7, 2020 Emergency Safety and Health Codes Board Meeting
Safety and Health Codes Board Continued Electronic Emergency Meeting- July 15, 2020
https://townhall.virginia.gov/
Recording of the July 15, 2020 Emergency Safety and Health Codes Board Meeting
Please note there will not be an opportunity for the public to present comments during the July 15, 2020 Safety and Health Codes Board Continued Electronic Emergency Meeting.
In accordance with Executive Order 63, Order of Public Health Emergency Five, Requirement to Wear Face Covering While Inside Buildings, the Department will be presenting to the Safety and Health Codes Board an Emergency Temporary Standard/Emergency Regulation, Infectious Disease Prevention, SARS-CoV-2 Virus That Causes COVID-19, §16 VAC 25-220, applicable to all employers and employees covered by Virginia Occupational Safety and Health (VOSH) program jurisdiction.
The text of the proposed Emergency Temporary Standard/Emergency Regulation along with the corresponding briefing package can be viewed below:
Briefing Package for Emergency Standard/Regulation with Track Change Revisions added June 23, 2020
Board Amendment Notes and Summary of COVID-19 ETS June 29, 2020 SHCB Continuation Emergency Meeting
Emergency Temporary Standard, Regulation, Infectious Disease Prevention, SARS-Virus that Causes COVID-19, 16 VAC 23-220 with Track Changes Revisions added June 23, 2020 This document will be considered at the Safety and Health Codes Board Continued Electronic Emergency Meeting on June 29, 2020.
The documents above were revised to take into consideration the comments received from the public during a 10 day comment period that took place from June 12-June 22, 2020.
On June 23, 2020, DOLI shared the followed proposed amendments to the Proposed Emergency Temporary Standard/Regulation, Infectious Disease Prevention, SARS-CoV-2 Virus that Causes COVID-19, 16 VAC 25-220 with the Safety and Healthy Codes Board. These amendments will be considered at the Safety and Health Codes Board Continued Electronic Emergency Meeting on June 29, 2020.
Proposed Amendments to Emergency Temporary Standard/Regulation introduced by Board Member Malveaux
Proposed Amendments to Emergency Temporary Standard/Regulation introduced by Board Member Parsons
Proposed Amendments to Emergency Temporary Standard/Regulation introduced by Board Member Rodriguez
Proposed Amendments to Emergency Temporary Standard/Regulation introduced by Board Member Thurston
Proposed Amendments to Emergency Temporary Standard/Regulation introduced by Board Member Flammia
If you wish to view the public comments received regarding the proposed regulation/standard, please see the public forum comment here at: VA Townhall Forum.
If you wish to view the comments sent directly to the Department, see all the documents listed in the “Public Comments Listing” appearing below.
Public Comments Listing – For all other comments received, see here: VA Townhall Forum
Virginia Poultry Federation – Comments to proposed Virginia COVID-19 Regulation – 5.21.2020
Monogram Foods – Comments to proposed Virginia COVID-19 Regulation – 6.4.2020
Senate of Virginia, Comments concerning 16VAC 25-20 06.05.2020
Metis Holding Company – Comments to proposed Virginia COVID-19 Regulation – 06.17.2020
Virginia Dental Association – Comments to proposed COVID-19 regulations – 6.18.2020
Blue Ridge Bread. Inc. – Comments to proposed COVID-19 regulation – 6.18.2020
DuPont – Comments to proposed COVID-19 regulation – 6.19.22
City Council of Harrisonburg Resolution – Comments to proposed COVID-19 regulation – 6.18.20
Virginia Automotive Association – Comments to proposed COVID-19 regulation – 6.19.22
Delmarva Poultry Industry, Inc – Comments to proposed COVID-19 regulation – 6.20.22
Glasshouse Winery – Comments to proposed COVID-19 regulation – 6.20.20
Virginia Business Coalition – Comments to proposed COVID-19 regulation – 6.22.22
Virginia Poultry Federation– Comments to proposed COVID-19 regulation – 6.22.22
AFLCIO – Comments to proposed COVID-19 regulation – 6.22.22
Airlines for America – Comments to proposed COVID-19 regulation – 6.22.22
Columbia Gas of Virginia – Comments to proposed COVID-19 regulation – 6.22.22
Communications Workers of America – Comments to proposed COVID-19 regulation – 6.22.22
Culpepper County – Comments to proposed COVID-19 regulation – 6.22.22
Harrisonburg-Rockingham Chamber of Commerce – Comments to proposed COVID-19 regulation – 6.22.22
Health Research Group – Comments to proposed COVID-19 regulation – 6.22.22
Joint-Chamber – Comments to proposed COVID-19 regulation – 6.22.22
Medical Society of Virginia – Comments to proposed COVID-19 regulation – 6.22.22o
Mellette PC Attorneys at Law – Comments to proposed COVID-19 regulation – 6.22.22
MountainRose Vinyards – Comments to proposed COVID-19 regulation – 6.22.22
NFIB VA – Comments to proposed COVID-19 regulation – 6.22.22
Northern Virginia Chamber of Commerce – Comments to proposed COVID-19 regulation – 6.22.22
ORCHSE Strategies, LLC – Comments to proposed COVID-19 regulation – 6.22.22
Precast Concrete Association of Virginia – Comments to proposed COVID-19 regulation – 6.22.22
Richmond Area Municipal Contractors Association – Comments to proposed COVID-19 regulation – 6.22.22
Robert Scott VA OSHA ETS – Comments to proposed COVID-19 regulation – 6.22.22
SEIU VA 512 – Comments to proposed COVID-19 regulation – 6.22.22
Senator Obenshain – Comments to proposed COVID-19 regulation – 6.22.22
Utility Workers Union of America – Comments to proposed COVID-19 regulation – 6.22.22
VA Business Coalition Addendum – Comments to proposed COVID-19 regulation – 6.22.22
VA Chamber – Comments to proposed COVID-19 regulation – 6.22.22
VDA – Comments to proposed COVID-19 regulation – 6.22.22
Virginia AFL-CIO – Comments to proposed COVID-19 regulation – 6.22.22
Virginia Agribusiness Council – Comments to proposed COVID-19 regulation – 6.22.22
Virginia Farm Bureau – Comments to proposed COVID-19 regulation – 6.22.22
Virginia Food Industry Association – Comments to proposed COVID-19 regulation – 6.22.22
Virginia Forestry Association – Comments to proposed COVID-19 regulation – 6.22.22
Virginia Manufacturers Assn – Comments to proposed COVID-19 regulation – 6.22.22
Virginia Transportation Construction Alliance – Comments to proposed COVID-19 regulation – 6.22.22
Virginia Trucking Assn – Comments to proposed COVID-19 regulation – 6.22.22
Washington Gas – Comments to proposed COVID-19 regulation – 6.22.22