Archive of the Virginia Standard for Infectious Disease Prevention of COVID-19 Adopted August 26, 2021

NEW! On March 21, 2022, the Virginia Safety and Health Codes Board adopted the final revocation of the Virginia Standard 16VAC25-220 for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (“Virginia Standard”). The revocation will be effective upon publication in the Richmond Times-Dispatch, which is currently scheduled for March 23, 2022.

NOTE: Violations of the Virginia Standard, 16VAC25-220, remain subject to citation for VOSH inspections opened on or prior to March 22, 2022.

On February 25, 2022, the Centers for Disease Control (CDC) announced a new tool to help communities decide what prevention steps to protect the general public from COVID-19. These prevention steps are based on the COVID-19 Community Level in your area. Levels can be low, medium, or high and are determined by looking at hospital beds being used, hospital admissions, and the total number of new COVID-19 cases in an area.  The new CDC guidelines are currently under review by the Virginia Department of Labor and Industry in collaboration with the Virginia Department of Health. The Department will be issuing an FAQ regarding how the new CDC guidance will impact enforcement of the VOSH Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes COVID-19 upon completion of our review.

NEW! On February 16, 2022, the Virginia Safety and Health Codes Board adopted a proposed revocation of the Virginia Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19, 16VAC25-220, and further directed that such proposal be the subject of a thirty day written comment period and public hearing prior to any final vote to revoke the standard.

The public may register its comments on the proposed revocation of the Virginia Standard as adopted by the Board by using the comment forum, link provided below. The forum will be open for thirty (30) days, from February 17, 2022 to March 19, 2022. The link to the public comment forum can be found here: https://townhall.virginia.gov/L/ViewNotice.cfm?gnid=2373

 VOSH Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus

 Outreach, Education And Training For Virginia Standard For Infectious Disease Prevention Of COVID-19, 16VAC25-220

Regulatory History of the Amendments to the VS in Reverse Chronological Order

The Governor reviewed the standard and returned to DOLI with no suggested changes on September 2, 2021

The revised amendments to the VOSH Standard were sent to the Governor for his review on August 30, 2021.

VOSH Standard as adopted by SHCB 08.26.21 Draft – For Governors Review

PLEASE NOTE THAT BEFORE THESE REVISIONS TO THE VOSH STANDARD (CHAPTER 220) CAN BECOME EFFECTIVE, IT HAS TO UNDERGO A REVIEW BY THE GOVERNOR in accordance with the language in 16VAC25-220-20.A  which states:

1. This chapter shall take effect upon review by the Governor, and if no revisions are requested, filing with the Registrar of Regulations and publication in a newspaper of general circulation published in the City of Richmond, Virginia.

2. If the Governor’s review results in one or more requested revisions to the chapter, the Safety and Health Codes Board shall reconvene to approve, amend, or reject the requested revisions.

3. If the Safety and Health Codes Board approves the requested revisions to the chapter as submitted, the chapter shall take effect upon filing with the Registrar of Regulations and publication in a newspaper of general circulation published in the City of Richmond, Virginia.

4. Should the Governor fail to review the chapter under A1 of this section within thirty days of its approval by the Safety and Health Codes Board, the Board will not need to reconvene to take further action, and the chapter shall take effect upon filing with the Registrar of Regulations and publication in a newspaper of general circulation published in the City of Richmond, Virginia.

On August 26, 2021 the SHCB held a meeting and adopted the Proposed Amendments to the VS, to include the Revisions to the Proposed Amendments recommended by DOLI. For more information on this meeting, including all the documents the SHCB considered at the meeting, see the notice posted on Regulatory Townhall.

Recording of SHCB Emergency Electronic Meeting held August 26, 2021

Economic Impact Analysis (EIA)

Department Addendum to Economic Impact Analysis (EIA)

The Department of Labor and Industry (DOLI) consulted with the Virginia Department of Health (VDH) about whether REVISIONS should be recommended to the Board’s Proposed Amendments to the VS originally adopted on June 29, 2021, in response to the CDC’s Updated Guidance for Fully Vaccinated People issued on July 27, 2021 (requirement in certain situations for fully vaccinated employees to wear face coverings in areas of substantial or high transmission).

DOLI and VDH agreed that some REVISIONS should be recommended to the Board along with the Governor’s amendment to 16VAC25-220-10.E.

To view a summary of Governor Ralph S. Northam’s review of the proposed amendments, please see:
Summary of Governor Northam’s Review of Proposed Amendments to 16VAC25-220, 7/1/2021

To View the Revised Proposed Amendments to the VS, please see: Revisions to Proposed Amendments to the VS, 16 VAC25-220 

The Department invited the public to register its comments on the Revised Proposed Amendments to the VS by using the Townhall Comment Forum here. The forum was open for 7 days from August 16, 2021 to August 23, 2021.

The SHCB held a public hearing regarding the Adopted Proposed Amendments to the VS on August 5, 2021. The public hearing was noticed on Regulatory Townhall.

Recording of the Public Hearing on 16VAC25-220, Proposed Amendments to VOSH Permanent Standard   *Please note, there was an audio malfunction for the first 7 minutes and 28 seconds of this hearing (07:28). The malfunction was fixed and the recording is normal beginning at minute 07:29. At the end of the hearing, Vice Chair Stiff re-read the pertinent regulatory information that could not be heard at the beginning of the hearing.

DOLI held a comment forum for 30 days, from July 1, 2021 to July 31, 2021. To view these comments, see Comment Forum.

For comments that were sent to DOLI directly, see the public comment “Public Comments Regarding Proposed Amendments to the VOSH Permanent Standard” section at the bottom of this page.

The SHCB held an Emergency Electronic Board meeting on June 29, 2021. For information on the meeting, including all the documents considered during the meeting, please see the Townhall Meeting Notice page.

To view the proposed amendments to the FPS as adopted by the SHCB on June 29, 2021, please see: Proposed Amendments to the the VOSH Standard for Infectious Disease Prevention for the Virus that Causes COVID-19, 16VAC25-220 as Adopted 6/29/2021

Recording of SHCB Emergency Electronic Meeting held June 29, 2021