Virginia jettisons COVID-19 workplace standard

by Jonathan R. Mook, DiMuroGinsberg P.C.

When the COVID-19 outbreak first began forcing workplaces to close or at least limit their operations to curb the spread of the virus, Virginia was one of the first states to adopt a specific safety standard for employers. Now that the pandemic has waned, at least in terms of hospitalizations, the state has shifted its approach.

The Virginia Safety and Health Codes Board recently voted unanimously to recognize COVID-19 no longer poses a “grave danger” to workers and urge Governor Glenn Youngkin to approve the withdrawal of the state's mandatory virus-related standard. In response, the governor applauded the board’s decision and issued the following statement: "Businesses asked us for updated workplace guidance to reflect our current COVID-19 situation in Virginia. We are pleased with the board's move and this vote signals that a return to normalcy in Virginia is not a partisan issue. We're going to continue providing greater certainty and decision-making power to businesses and workers in the Commonwealth as we move beyond the pandemic."

Although Virginia no longer has a mandatory COVID-19 standard in place, the board has issued guidance for workplaces as the state “transitions to near normalcy.” The guidance includes the following steps for employers to follow:

  • Facilitate employees getting vaccinated and boosted
  • Encourage workers with COVID-19 symptoms to stay home and seek advice on testing and treatment from their physician
  • Require all workers infected with the COVID-19 virus to stay home
  • Provide workers with face coverings, as appropriate
  • Encourage good sanitary work habits such as frequent hand washing
  • Educate workers on your COVID-19 policies and procedures
  • Operate and maintain ventilation systems in accordance with manufacturers specifications to achieve optimal performance
  • Continue to record and report COVID-19 infections and deaths, which are mandatory under Virginia Occupational Safety and Health (VOSH) regulations part 1904

Source: HRLaws