Virginia Rolls Back COVID-19 Standard and Issues Guidance

Nearly two years after enacting its first-in-the-nation regulation on COVID-19, Virginia has repealed it. On March 21, 2022, the Virginia Department of Labor and Industry’s Safety and Health Codes Board (DOLI) held a public hearing and voted to revoke the Department’s Permanent COVID-19 Regulation. Even though the COVID-19 standard has been rescinded, the Virginia Occupational Safety & Health Administration (VOSH) can continue to inspect and cite employers for COVID-19-related safety concerns under existing regulations.

In lieu of the regulation, DOLI indicated that guidance containing the following recommendations and statements, will be issued:

• Fully approved COVID-19 vaccines and boosters mitigate against the risks of COVID-19 and all citizens of Virginia are encouraged to consider the benefits of the vaccines and boosters.
• Supports the right of all employees to individually determine whether to wear masks and employers may not discriminate or retaliate against employees for their choice.
• While not mandating vaccinations, 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 Centers for Disease Control and Prevention guidelines.
  • Where appropriate, provide employees with face masks and/or coverings.
  • Encourage good sanitary work habits such as frequent hand washing.
  • 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 the manufacturers' specifications.
  • Record and report COVID-19 infections and deaths which are mandatory under VOSH regulation's part 1904.
  • Follow all other applicable VOSH standards that are in place, including respiratory protection, sanitation, protection from blood borne pathogens, employees’ access to medical and exposure records and the General Duty Clause.

VOSH may still inspect and may cite employers for violations related to respiratory protection, sanitation, personal protective equipment, and the General Duty Clause, which requires employers to provide a place of employment “free from recognized hazards that are causing or are likely to cause death or serious physical harm.”

PRINTING United Alliance seeks to keep the industry updated on workplace requirements related to COVID-19 workplace safety requirements. For more information, or if you have questions on this or any other state regulatory program, please contact Marci Kinter, mkinter@printing.org; Gary Jones, gjones@printing.org, or Adriane Harrison, aharisson@printing.org.