16 VAC 25-220, Emergency Temporary Standard/Emergency Regulation
Thank you for the opportunity to comment on the Virginia Department of Labor and Industry’s recommended Emergency Temporary Standard/Emergency Regulation, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19. With a membership representing nearly six-hundred (600) construction firms in Virginia, The Associated General Contractors of Virginia (AGCVA) is committed to protecting employees and communities from exposure to COVID-19. As this crisis has developed, AGCVA members have implemented best management practices and specific controls to protect the health and safety of our industry’s greatest asset, our workforce. These practices and controls were initially implemented and have continually evolved based on the specific, real time guidance issued by the CDC, VDH and OSHA. While these regulations may have good intention, as proposed they will introduce uncertainty and inconsistency and threaten to undermine the initiatives already in place. We recognize the challenge of quickly creating a regulation that covers all industries while maintaining clear and consistent protocols and hence, rather than mandate through regulation, we encourage VOSH to provide resources, training, and guidance to help employers develop business specific COVID-19 infectious disease preparedness and response plans.
We ask that you consider the following general issues with the proposed emergency regulations:
Furthermore, specific language within these regulations will create further uncertainty and inconsistencies in the response to COVID-19. Specifically:
Accordingly, The Associated General Contractors of Virginia respectfully requests that you reconsider adoption of these regulations at this time and instead partner with Virginia’s Construction Industry in establishing sound guidance and practices to counter this pandemic. Thank you for your consideration.