Re: DOLI solicitation of public comments regarding the adoption of a permanent standard for Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19

Dear Commissioner Davenport and Members of the Safety and Health Codes Board,

The health and safety of our workforce and customers continue to be the top priority for businesses in the commonwealth during the ongoing pandemic. Thank you for taking into consideration some of our previously stated concerns regarding the emergency temporary standard and working with the business community and other stakeholders on this important topic.

Although we support clear and consistent workplace health protection protocols and the proposed permanent standard addresses some of the business communities’ concerns; we remain concerned about the impact that making the emergency temporary standard permanent might have on businesses. We continue to believe that the regulation needs to allow for maximum flexibility for businesses to respond to outbreaks and, more importantly, businesses that follow these regulations need legal protections form frivolous lawsuits. If the board decides to make the standard permanent, we encourage you to allow the permanent standard to sunset once the pandemic state of emergency is rescinded.

Lastly, we continue to believe that enforcement of these provisions should be handled with understanding and leniency. Virginia businesses, many of which have been devastated by the economic impact of this pandemic, are working hard to remain safely operational for their workforce and customers; however, the shifting regulatory landscape continues to be a significant challenge, especially for Virginia’s small businesses. As the Board considers making these standards permanent, it is our hope that they will refrain from overenforcement and not penalize businesses that have given a good faith effort in following these complicated rules that continue to change.

Thank you for your consideration.

Best regards,

Barry E. DuVal

President and CEO

Virginia Chamber of Commerce

CC:      Governor Ralph Northam

Chief of Staff to the Governor, Clark Mercer

Secretary Brian Ball

Deputy Secretary Cassidy Rasnick