BREAKING NEWS: First Step Taken to Revoke Virginia's COVID-19 Workplace Standard

The Virginia Safety and Health Codes Board, a subset of the Virginia Department of Labor & Industry, today took the first step toward revoking its COVID-19 Emergency Standards for Virginia's workplaces. In January 2021, the Virginia Department of Labor and Industry (DOLI) enacted its Permanent Standard (which replaced an Emergency Temporary Standard), requiring employers to develop and train employees on their plan for limiting the spread of COVID-19. 

The Standard included return-to-work guidance after a COVID exposure or positive test, when employers must have physical barriers or engage in disinfecting, and addressed masking and other PPE in the workplace, etc.

Staff at the state Department of Labor and Industry recommended the Safety and Health Codes Board find that there is no longer a continued need for the Virginia Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes COVID- 19, 16VAC25-220, based on emerging scientific and medical evidence that the current widespread variants of the virus no longer constitute a grave danger to employees in the workplace under Va. Code §40.1-22(6a), and as discussed in the U. S. Supreme Court’s decision in National Federation of Independent Businesses, et al., Applicants v. Department of Labor, Occupational Safety and Health Administration, et al.295

The Board adopted that recommendation, opening a 30-day written comment period on revoking the Standard. The Board must also hold a public hearing prior to any final vote to revoke the standard. The Department also recommended that the Board state in any motion it may make to revoke this regulation that it will receive, consider and respond to petitions by any interested person at any time with respect to reconsideration or revision of this or any other regulation.

The Virginia Safety and Health Codes Board today took the first step toward revoking its COVID-19 Emergency Standards for Virginia's workplaces. In January 2021, the Virginia Department of Labor and Industry (DOLI) enacted its Permanent Standard (which replaced an Emergency Temporary Standard), requiring employers to develop and train employees on their plan for limiting the spread of COVID-19.

The Standard included return-to-work guidance after a COVID exposure or positive test, when employers must have physical barriers or engage in disinfecting, and addressed masking and other PPE in the workplace, etc.

Staff at the state Department of Labor and Industry recommended the Safety and Health Codes Board find that there is no longer a continued need for the Virginia Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes COVID- 19, 16VAC25-220, based on emerging scientific and medical evidence that the current widespread variants of the virus no longer constitute a grave danger to employees in the workplace under Va. Code §40.1-22(6a), and as discussed in the U. S. Supreme Court’s decision in National Federation of Independent Businesses, et al., Applicants v. Department of Labor, Occupational Safety and Health Administration, et al.295

The Board adopted that recommendation, opening a 30-day written comment period on revoking the Standard. The Board must also hold a public hearing prior to any final vote to revoke the standard. The Department also recommended that the Board state in any motion it may make to revoke this regulation that it will receive, consider and respond to petitions by any interested person at any time with respect to reconsideration or revision of this or any other regulation.

During the five-hour hearing attended by League staff, DOLI staff was careful to note that other laws in Virginia governing workplace safety were still in effect -- covering employers and employees alike -- and the hearing was limited to the permanent COVID standard.