DOLI Reverses Workplace Mandates Related to COVID

On March 21, 2022, the Virginia Department of Labor and Industry’s Safety and Health Codes Board (DOLI) held a final hearing and vote on whether to revoke the Department’s Permanent COVID-19 Regulation (Standard).  This has been a see-saw issue for businesses as they tried to predict what an unpredictable Governor’s appointed board of citizens tried to determine how Virginia should manage a pandemic. 
 
With Governor Youngkin’s appointments on the board, the meeting went as expected, and, effective as of March 23, 2022, the Standard and its penalties are no longer in effect. While the Standard has been withdrawn, DOLI did issue a “Guidance for Employers to Mitigate the Risk of COVID-19 to Workers” (Guidance). The Guidance is attached here. It will be sent out for a 30-day notice and comment period before it becomes final. The Guidance provides the following points: 

• DOLI continues to believe that all fully approved COVID-19 vaccines and boosters mitigate against the risks of COVID-19 and encourage all citizens of Virginia to consider the benefits of the vaccines and boosters. 
• DOLI continues to support the right of all employees to individually determine whether to wear or not wear masks and employers may not discriminate/retaliate against employees for exercising such decisions. 
• While not mandating vaccinations, DOLI believes that employers should engage with their employees to mitigate COVID-19 transmissions by taking the following steps: 
  • Facilitate employees getting vaccinated and boosted. 
  • Encourage symptomatic employees to stay at home from work and seek advice on testing and treatment from their physicians. 
  • Requiring all infected workers to stay at home in accordance with CDC guidelines. 
  • Where appropriate provide employees with face masks and/or coverings. 
  • Encourage good sanitary work habits such as frequent handwashing. 
  • Educate workers on the employer’s COVID-19 policies and procedures using accessible formats and in languages that the employees understand. 
  • Operate and maintain ventilation systems in accordance with manufacturers specifications. 
  • Record and report COVID-19 infections and deaths which are mandatory under VOSH regulation's part 1904; and 
  • Follow all other applicable VOSH standards that remain in place, including respiratory protection, sanitation, protection from blood borne pathogens, employees’ access to medical and exposure records and the General Duty Clause. 

VTCA encourages members to continue to follow CDC Guidelines as it relates to COVID.