My organization operates upstream and midstream natural gas facilities in southwestern Virginia and I am proudly responsible for the health and safety of our employees. We respectfully request the comments below be considered and our requests for further clarification be answered prior to the proposed regulations becoming effective.  

High Priority

Additional time for implementation is needed, a phased implementation may suffice. No employer with medium-level or above will have sufficient resources to respond immediately as HR Policy coordination, HSE Policy, and the creation of the Infectious Disease Control and Prevention Plan required by regulation will take time to assemble. Immediately effective regulation will set-up employers for failure.

Additionally, the supply chain has not fully rebounded from the pandemic and the disinfection supplies required will take time to procure.

HVAC certifications of office buildings and field offices need to have additional time due to rural areas lack of certified HVAC establishments. 

Rural areas have few options for healthcare providers, consider reducing return to work to timeframe-only instead of requiring additional medical consultation. Is tele-medicine an option for medical consultation prior to return to work?

Our operating counties have fewer than 120 confirmed cases as of 6/22/2020, could this regulation be more focused on high-density case areas and allow low-density case areas to get back to work?

We cannot control employee interactions outside of the workplace, having employers bare the burden of contact tracing employee interactions is a privacy and HIPAA concern.

Seeking Further Clarification

The regulations are very office/public area based. How can we determine requirements for open-atmosphere field employees and mobile crews? Can additional section be added to address mobile/field employees only?

Asymptomatic Positive needs further clarification on return to work. We cannot understand the requirement of symptom-based return to work if asymptomatic and refusing testing.

If medium level for some employees is determined, but less than 11 of those employees work in the same area or never in groups >11 employees - does Infectious Disease Plan Requirement remain valid?

Is Waterless-type hand soap a permissible option for mobile crews?

Is keeping doors of personal offices shut qualify as physical barrier?

COVID-19 symptoms are shared with many common ailments (allergies, common cold, etc.) - it is a great concern for business continuity for "suspected" COVID-19 restrictions solely based on symptoms. Possible exposure may need to be added to this definition.

The section on employee access to medical records states "related exposures" need to be available, please clarify and if this is information from a sub-contractor many HIPAA issues will need to be resolved.

A definitive measure of "moderate" is needed, Page 13 of the proposal mentions being a resident of a locality or even travelling through a locality with "moderate" transmission of COVID-19 - this cannot be open to interpretation.

Lastly, although economic feasibility is addressed, and promptly dismissed, it will remain a real-world issue and an economic impact of regulations, even temporary ones, should be required.

Thank you for your consideration.