Virginia Could Kill Its First-in-U.S. Workplace Covid-19 Measure

Source: Bloomberg Law

Virginia officials may rescind the state’s first-in-the-nation standard for protecting workers from COVID-19 infections.

The possible withdrawal of the rule has been called for by Republican Gov. Glenn Youngkin, who, immediately upon taking office on Jan. 15, set out to reverse measures approved by the prior Democratic administration. Virginia is one of 21 states federally approved to enact protections for workers at private employers and state and local governments.

Youngkin’s issuance of a first-day executive order downgrading a public school mask-wearing mandate to merely an option drew instant opposition and then a seven school system state court lawsuit. On that same first day, Youngkin ordered the state panel that oversees the writing of state occupational safety and health rules to review the workplace measure as well.

The Virginia panel that oversees the writing of state occupational safety and health rules is set to meet Feb. 7 to consider if the rule should be withdrawn. The Safety and Health Codes Board’s 14 members have 30 days to make a recommendation to Youngkin. All but two members were appointed by Democratic governors and five seats each are set aside for labor or employer representatives.

The Codes Board issued the rule in July 2020. The standard was revised in August 2021 to allow employers in many situations to follow CDC guidance in lieu of the state regulation.

During board hearings at that time, many members envisioned that the standard could be rescinded when COVID-19 was no longer an emergency.

Since the standard became enforceable, Virginia OSHA has found violations at about 50 employers. Businesses cited include car dealerships, department stores, and social service agencies, according to enforcement records.