The permanent standard is necessary to protect working people in Virginia

• COVID isn’t going away and there continue to be outbreaks

• Another wave is likely very soon

• Without permanent protections, workers will be at risk

• Airborne transmission requires the strong standard.

• Needed for all workers - no exceptions

• A strong permanent standard will be useful for future pandemics

Clear standards coming from one agency of authority simplifies things for employers and workers

• Standard requirements do not change with no notice as federal recommendations have been doing

• Based off science instead of influence from big business interference or political whims

• CDC/education exceptions makes it confusing and is impractical for employers - it should be removed

The ETS is a strong standard and should be made permanent

• The standard is effective when employers implement the protections

• Standard is based off scientific information, long-standing occupational H&S practices, and health & safety recommendations

• Protections are important for controlling airborne hazards, which SARS-CoV-2 clearly is

• The standard is a programmatic standard, so instead of being overly prescriptive, each employer is required to implement a program tailored to their workplace using scientific-based and longstanding workplace control practices

• Highlight importance of key components for all at-risk workers: risk assessment, plan, training, etc.

• Key components are based off current OSHA standards and familiar to employers and workers

• Return to work requirements align with current science.

• Ventilation requirements are in line with industry standards (ASHRAE)

• Respiratory protection is clearly defined and required for workers who are deemed at risk

• Face coverings are clearly defined and required according to previous VA mandates and helps control the spread of droplet transmission

Recommendations for improvement:

• Removing CDC exception

• 6 foot rule is not an effective control for airborne exposure - the virus travels farther. Ventilation, reduced persons and time in spaces, and other controls must be combined with distancing

• Medical removal for known infections, exposures, or when recommended by a medical or public health professional, with removal protections

  • The employer must maintain the employee's base earnings, seniority, and other rights and benefits that existed at the time of removal until cleared for return to work

• Strengthen the involvement of worker/rep involvement in the plan - the language is good, but it happens less often in practice. VOSH should ensure their educational material and enforcement efforts are clear that this must be done.

OSHA has a longstanding history of helping employers with compliance and enforcement discretion with employers who are making good faith efforts.

• A permanent standard is needed to protect all workers, as COVID isn’t going away and will help protect workers from future pandemics

• The ETS is a strong, comprehensive standard that sets clear requirements based off longstanding practices and current science and should be made permanent

• VA should move forward with the permanent standard rule-making with haste in order to ensure all workers are protected from COVID permanently