Virginia's Safety and Health Code Board took steps to establish COVID-19 health and safety rules through the regulatory process, rather than relying simply on Gov. Ralph Northam’s executive orders, which have concerned some business groups.
The board stopped short of adopting any rules, but took significant steps in a meeting that lasted more than seven hours. The board voted 9-3 to declare that the virus poses a grave danger to workers and that temporary emergency standards are necessary.
If the board adopts any rules, they would go into effect for six months.
Virginia would be the first state in the nation to take this step. The board met to address part of Northam’s Executive Order 63, which directed the Department of Labor and Industry to put rules into effect to address the pandemic.
The impact of the initial draft of the potential rules vary depending on the exposure risk level of certain job tasks, which are ranked “very high,” “high,” “medium” and “lower.” Very-high- and high-risk jobs generally include occupations in which a person works in the health care field or another field that works directly with people who have contracted COVID-19. Medium-risk jobs include those occupations in which employees have a lot of interaction with people or with tangible items or surfaces that many others will come in contact with. Lower-risk jobs are those occupations in which employees do not have a lot of such interaction.
Requirements are stricter for businesses on the higher end of the spectrum, and get progressively less strict the further down. Some of the requirements for all employees include the enforcement of social distancing when possible, providing hand sanitizing and hand washing stations, and having employees wipe down surfaces before leaving.
Very-high and high-risk jobs require the use of personal protective equipment, as do medium risk jobs in some situations. Job tasks that are medium or higher will require some level of training for employees and will be required to construct physical barriers when feasible.
Some business groups are concerned about the new mandates and provided commentary to the board to assist with making them more business friendly. Some of the concerns stems from confusion about potential conflict with current guidance, businesses potentially being fined for failing to comply with certain restrictions by mistake, and whether the state would provide guidance for training or grants to pay for additional costs incurred on employees.
Robert Melvin, the director of government affairs at the Virginia Restaurant, Lodging & Travel Association, told The Center Square that large businesses will likely be able to comply with many of these regulations, but the costs associated with constructing barriers, providing training, and potentially providing personal protective equipment could be difficult for smaller businesses to comply with.
Melvin said there has not yet been a mandate to construct barriers or provide trainings, which is an added cost to businesses. He said the state should not be imposing additional cost burdens on businesses that are already struggling to stay afloat because of COVID-19 restrictions that have been in place for months.
Some of the mandates also seem to conflict with previous guidance, according to Melvin. He said that previous guidance stated that personal protective equipment should be primarily reserved for the medical industry and that expanding some requirements onto businesses could hurt the supply chain. He also said current guidance allows businesses to provide either a hand washing station or a hand sanitizer station, but these regulations would require they supply both.
The board will consider the rules at a later meeting to decide what to adopt.
