Virginia Petroleum and Convenience Marketers Association www.vpcma.com is a statewide trade association founded in 1948 representing approximately 450 companies in the petroleum and convenience marketing industries.   VPCMA members operate or supply the overwhelming majority of the 3,474 gasoline and diesel sellers in Virginia, which in turn remitted $856 million in motor fuels taxes to the state last year.  The convenience store industry employs 67,560 Virginians. 13,957 additional Virginians are employed in the fuels sector including distribution, transportation and logistics, bulk storage, and home heating oil.

We appreciate the opportunity to comment on VAC 25-220, Emergency Temporary Standard/Emergency Regulation relative to COVID – 19. 

Our first comment relates to the inclusion of convenience stores in the medium exposure risk.  Page 11 #1. Within this category DOLI also includes commercial air travel, train and cruise ships, residential and on-campus college instruction, homeless shelters, airports, nursing homes, and jails.  This finding does not take into account that the average visit to a convenience store in Virginia is concluded in less than four minutes versus hours, weeks, months or in at least on instance, a lifetime for the other listed businesses.

VPCMA requests that convenience stores be removed from the medium exposure definition and be re-classified to the low category.

Under Section 40 7a  (page 18) “Mandatory requirements for employee notification” it states an employer shall notify its own employees within 24 hours of their possible exposure to COVID -19.  Our membership includes businesses with a single site up to companies that have in excess of 100 locations across Virginia.   

VPCMA requests that this language be amended to state employees “… at the same work location…”

In numerous occasions (page 21 E and G, and page 23 K) the draft regulation mandates that employers provide respiratory protection equipment.  The definitions section does not define respiratory protection equipment, nor does the regulation specify when employers are required to comply with the aforementioned supply respiratory protection equipment mandate.

VPCMA requests the draft be amended to include a definition of respiratory protection equipment, and that it be further revised to include specific guidance on where and when businesses are required to meet the mandate to provide R.P.E.

While employers are required to comply with new paperwork and workplace adjustments, this regulation provides no certainty to assure that the Department of Labor and Industry will provide timely regulatory guidance and training to employers.  VPCMA works with literally dozens of state regulatory agencies and without exception they provide guidance documents, sample compliance forms, live and electronic training well before new regulatory mandates are imposed on the petroleum and convenience marketing community.

VPCMA requests that that the regulation be amended to state that the mandatory training provisions of this regulation will become effective 45 calendar days from the date the Commissioner of Labor and Industries certifies that he has made available sample forms, compliance, and training instructions to all employers covered under this rule in an electronic and written format.  The provisions of this section shall be carried out by employers in an expedited fashion not later than the effective date.

Page 31 requires development and implementation of a written disease preparedness and response plan for employers with 11 or more employees.

VPCMA requests that this language be amended to state employees… at the same work location…

Page 34 c.

VPCMA requests clarification

Page 35 c. States that there shall be no discharge or discrimination against any employee who raises a reasonable concern about infection control.

VPCMA asks that the regulation be amended to include a definition of the word “reasonable”.  VPCMA also requests that the regulation be amended to include the following:  “If the concern is found not to be reasonable, but has been disseminated to the public through print, online, social or any other media, what form of redress will be available to employers?”

Thank you for your consideration of our comments.

Michael J. O’Connor

President/CEO