Coronavirus (COVID-19) Resources

NEW March 23, 2022: Frequently Asked Questions

Can employers require employees to wear face masks (FDA approved or non-approved), surgical masks or N95 respirators to mitigate the spread of COVID-19 in the workplace?

Overview

NEW! COVID-19 case reports may be voluntarily filed through the Virginia Department of Health’s (VDH) Online Reporting PortalThe new online reporting portal allows employers to submit up to 10 Covid-19 positive cases.

To report a Workplace Fatality or Severe Injury use the Serious Event Reporting form.

Voluntary Reporting of COVID-19 Positive Cases

MARCH 22, 2022

NOTE: The Virginia Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes COVID-19, 16VAC25-220, has been revoked by the Virginia Safety and Health Codes Board effective March 23, 2022.

Voluntary COVID-19 Outbreak Reporting Request

VDH requests that employers continue to report COVID-19 outbreaks to VDH on a voluntary basis 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.

After the initial outbreak report (three or more cases), VDH requests employers continue to report all cases to VDH until the local health department notifies the business that the outbreak has been closed. VDH may follow-up with the business for additional information or requests.

After the outbreak is closed, VDH requests that subsequent identification of three or more cases of COVID-19 be reported, as above.

Please note that voluntarily reported outbreak information at the employer or case level will not be shared with the Virginia Department of Labor and Industry’s Virginia Occupational Safety and Health Compliance (VOSH) Divisions. 

Statistical and other general information that does not reveal the identities of particular employers or employees may be shared with VOSH.

Be prepared to supply: Business name; names and job position of each employee affected; location and timeline of each positive case, brief explanation of the circumstances associated with the infection; contact person and phone number, etc.

COVID-19 and HIPAA: Disclosures to VOSH and VDH – OSHA and states that operate their own occupational safety and health plans, such as VOSH, are not a “covered entity” under HIPAA and are not bound by the use and disclosure requirements included in the privacy statute or implementing regulations. Additionally, the U.S. Department of Health and Human Services allows covered entities and business associates to disclose protected health information without authorization for specified public health purposes.

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