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On, January 27, 2021, Governor Ralph Northam approved the Virginia Occupational Safety and Health (VOSH) Program’s Final Permanent Standard for Infectious Disease Prevention of the SAR-CoV-2 Virus that Causes COVID-19 without change from the standard approved by the Virginia Department of Labor and Industry’s (DOLI’s) Safety and Health Codes Board on January 13, 2021. This final standard, 16VAC25-220, largely became effective upon the Governor’s approval. However, the Infectious Disease Preparedness and Response Plan under 16VAC25-220-70 and some training requirements under 16VAC25-220-80 have an effective date of March 26, 2021.
Thursday, January 28, 2021
Last summer, we reported on Virginia’s adoption of an “Emergency Temporary Standard for Infection Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19” (the “Temporary Standard”), which made Virginia the first state to implement workplace safety and health standards for COVID-19. The Temporary Standard expired on January 26, 2021.
On January 27, 2021, Governor Ralph Northam approved the Final Permanent Standard (the “Permanent Standard”) previously adopted by the Virginia Safety and Health Codes Board (the “Board”), which provides continued protection for Virginia employees for the duration of the pandemic and supersedes the previous regulations. In addition to extending many of the employer obligations set forth in the Temporary Standard, the Permanent Standard creates new requirements and dispenses with some previous guidance.
Thursday, January 28, 2021
As we previously reported, Virginia became the first state to issue mandatory COVID-19 workplace safety rules via an emergency temporary standard (“ETS”) executed on July 15, 2020. The temporary standard expired on January 26, 2021 but the Virginia Department of Labor and Industry’s Safety and Health Codes Board (the “Board”) has recently taken steps to ensure the protection for workers will continue beyond its expiration. On January 13, 2021 in a 9-4 vote, the Board passed permanent workplace virus safety regulations that mirror but also enhance those in the ETS. The permanent regulations became effective on January 27, 2021, with announcements being made on the DOLI website, found here, and in the Richmond Times Dispatch, found here.
To embed, copy and paste the code into your website or blog:
Last summer, we reported on Virginia’s adoption of an “Emergency Temporary Standard for Infection Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19” (the “Temporary Standard”), which made Virginia the first state to implement workplace safety and health standards for COVID-19. The Temporary Standard expired on January 26, 2021.
On January 27, 2021, Governor Ralph Northam approved the Final Permanent Standard (the “Permanent Standard”) previously adopted by the Virginia Safety and Health Codes Board (the “Board”), which provides continued protection for Virginia employees for the duration of the pandemic and supersedes the previous regulations. In addition to extending many of the employer obligations set forth in the Temporary Standard, the Permanent Standard creates new requirements and dispenses with some previous guidance.
Virginia is set to permanently adopt workplace safety standards for COVID-19 prevention. Virginia’s Safety and Health Codes Board voted 9-4 last week to maintain a list of emergency workplace safety rules including businesses requiring employees who are in regular contact with the public to wear masks. The regulations were backed by worker advocacy and union organizations, but opposed by a coalition of more than 30 business organizations. The rules could be lifted if the Governor’s state of emergency is lifted.