The national labor unions and environmental organizations of the BlueGreen Alliance thank Governor Northam and the Commonwealth of Virginia’s Department for Labor and Industry for drafting 16 VAC 25-220 to prevent infectious disease caused by SARS-CoV-2. We deeply appreciate both the effort that went into the drafting of this comprehensive document and the urgency of implementing the protections it will provide. The BlueGreen Alliance (BGA) offers these 10 comments to improve and clarify what is already an excellent proposal:

1. A Standard rather than a Regulation 

Every week we learn something new about COVID-19: Asymptomatic transmission, herd immunity, the identification of super spreaders, and the variability of infection and antibody test results are among the critical public and occupational health issues that are still poorly understood. A permanent infectious disease standard can be informed by the accumulation of more science about the SARS-Co-V-2 virus over time while an emergency temporary standard protects more Virginia workers sooner. 

2. §10.B on page 4: We commend the inclusion of all employees, employers and places of employment. 

3. §10.D.2 on page 5: Factors that shall be considered in determining exposure risk level include, but are not limited to: 

We propose the addition of another factor as 2c: The number of outbreaks that have occurred in the specific employment sector in the Commonwealth of Virginia. At the present time that would include skilled nursing and assisted living facilities, poultry, meat, and seafood processing and correctional facilities, jails, and other detention facilities. 

4. §10.G on page 6: To the extent that an employer complies with requirements contained in CDC publications to mitigate SARS-CoV-2 and COVID-19 related hazards or job tasks addressed by this standard/regulation, the employer’s actions shall be considered in compliance with this standard/regulation. 

The CDC publications do not contain requirements.  Rather the CDC offers guidance and recommendations that are not enforceable. BGA proposes the complete removal of this paragraph because it undercuts all of the other provisions of the emergency standard.

5. §30 on page 10 in the definitions of exposure level.

The serious outbreaks at poultry, meat, and seafood processing and correctional facilities, jails, and other detentions centers in Virginia argue for their inclusion as high hazard operations and facilities. 

6. §30 on page 10. 1. Healthcare (physical and mental health) delivery and support services provided to a known or suspected COVID-19 patient in a hospital like setting, including field hospitals (e.g., doctors, nurses, and other hospital staff who must enter patient rooms or areas); 

Please insert cleaners so it reads “doctors, nurses, cleaners and other hospital staff.” In Wisconsin, Illinois. Pennsylvania, California, Washington and New York environmental services workers have been required to clean the rooms of known or suspected COVID patients without the adequate protections that nurses and doctors have been provided. 

7. §40.A.1.2.3 on page 16

The proper implementation of exposure assessment and determination plans requires training of all employees. When unions represent employees in workplaces they should be engaged in the development and worker engagement in these plans. 

8. §40.A.7 on page 18

Insert 7d, The local and state public health department shall also be notified. 

9. §40.I.5 on page 22

Tools, equipment and other shared devices must be cleaned and disinfected between the use of employees. The words “when feasible” should be omitted. 

10. §50.B.11 on page 26 and §60.B.1 on page 29 

Slowing the pace of the production line or the required number of patients or customers served should be added to list of social distancing options. 

Again, thank you for this important effort to protect all workers in the Commonwealth.