To begin, the Virginia Department of Labor and Industry (DOLI) should be a trusted resource in this pandemic. However, DOLI has failed to seize an important opportunity to help employers and employees of the Commonwealth navigate the new challenges brought upon us by COVID-19. Instead of spending resources assisting industry and employees with helpful guidance and best practices, the focus of DOLI has been to draft restrictions and place such standards in stone for a situation that has continually proved itself to be too fluid to warrant such action. The evidence is clear, the DOLI website COVID-19 Resources page was last updated March 15, 2020 and the outreach material did not come available until July 27, 2020. The update and dissemination of resources should be the goal of DOLI in this pandemic, not the drafting of permanent regulations to address a hopefully temporary pandemic. 

On 1/4/2021, the Proposed Permanent Standard was revised to a Final Draft, the changes were substantial enough to extend the comment period. The comments made below are referencing page numbers and sections from the original proposal. Case in point, the 1/4/2021 document added a stipulation for Employers to provide psychological and behavioral support for employee stress at no cost to employees, while it is commented as an omission, that is a substantial change from original document and needs to be properly discussed.

For a proposed permanent standard that has the reach to impact all of Virginia's workforce, please faithfully follow the Virginia Administrative Process Act as Board Members previously agreed. 

With so many changes in our understanding of this disease, it is not prudent to set a permanent standard, if action is required an extension of the current emergency temporary standard should be explored. There should also be research/data made available about the spread at workplaces in Virginia and then determine the need for additional action.

Page 4 - Former Section F - The disagreements in terms between this standard and ever-evolving Executive Order 72 (and previous EOs) need to be rectified to reduce confusion.

Page 21 - #4 - the symptoms of COVID-19 overlap many other illnesses and allergies, automatically designating employees with symptoms as "suspected to be infected with SARS-CoV-2 virus" should be reevaluated.

Page 24 - d. This section is confusing without a timeframe related to the intial outbreak (two or more confirmed cases of COVID-19).

Page 31 - #4 - a scientific explanation of why general industry observing 24-hours prior to cleaning and disinfecting should accompany this statement. This feels like it is included only for medical/hospital settings but is included for all employers.

Page 38 - #5 - This statement is too vague for standard, could be misinterpreted, more detail on what would be required from an employer is needed.

Page 48 - b. - The employers burden to balance HIPAA, anti-discrimination laws, and this infectious disease control plan on an individual basis is overbearing. Age, obesity, and pre-existing conditions are not to be discriminated against yet this could cause someone not to be able to work/perform their job duties due to pregnancy or smoker status. Putting the burden on employers in these decisions is a severe misstep. 

Thank you for considering these comments.