Ladies and Gentlemen:

The purpose of these comments is to request a utility industry exemption to the Board’s latest rulemaking proposal.  Virginia’s fourteen electric cooperatives have concerns about the Board’s current rulemaking initiative.  We are concerned that this rulemaking, as applied to electric utilities, may disrupt utility operations and make electric line workers less—not more—safe.

This regulatory proposal bypasses any meaningful, normal public comment process for a regulation whose documentation spans over 200 pages.  The documents published by the Department are internally inconsistent and contain errors.  If implemented, they could disrupt utility operations.  Further, the prospect of citations being issued or litigation being initiated against a rural electric utility, or, far worse—a class action lawsuit being initiated—threatens our ability to continue to provide safe, reliable, and affordable electric service to our member-consumers. 

For decades since their founding, electric cooperatives have been the standard-bearers for safe workplace conduct, and all have comprehensive occupational safety programs at their workplaces.  While we understand the need for masks in areas with significant contact with the general public such as grocery stores and manufacturing plants, utility operational requirements justify an exemption from these requirements.  In particular:

• Masks may impede communication, between linemen, groundmen, and other operational personnel (while appropriately distanced).  As a note, we have generally asked the public to remain 10-20 feet or more away from our linemen as a coronavirus safety measure. 
• The physical demands of utility operational work (linemen, etc.) in the summer heat may be made more detrimental while donning a mask.  The overwhelming majority of line workers’ duties are performed out of doors, and research has clearly shown that the novel coronavirus (SARS-CoV-2) does not transmit as easily outdoors.  It appears that outdoor construction has been classified as a “medium” exposure risk under the proposal—if we are reading it correctly—and this does not make much sense to us.
• Masks tend to slip on the face, especially when wet with sweat or condensation, and may impair the field of vision of an employee.  Furthermore, masks can also cause fogging of safety glasses, required for almost all electric utility work.  This would create a manifestly unsafe situation and cannot be allowed. 
• Masks worn by linemen and other operational personnel, in any case, must be constructed of 100% fire retardant (“FR”) fabric.  While FR masks do exist and some utilities in Virginia have access to them, not all do, and the supply chain is in its infancy and would not support, at this time, a statewide requirement.

• Similar concerns regarding communication, field of vision, physical demands, and the necessity of FR clothing could also be attributed to other employees, garage workers, warehouse workers, supply clerks, etc., as to operational or field employees.  This is especially the case where distancing can be ordinarily maintained. 

• Power plant operators and workers have similar reasons for not wearing a mask.  Whenever an industrial or mechanical process occurs, the longstanding prior safety regimen for those tasks must be observed exclusively. 
• We have been operating safely, distancing, etc., for the past 3 months utilizing existing federal, state, and utility safety rules and procedures, which are more than sufficient for our operations.
• Any state guidance which conflicts with federal regulatory requirements, whether on masks or any other topic, will put electric utilities in an untenable situation; this should not be allowed to occur.

The bottom line is that safety is part of our culture—part of everything we do as electric cooperatives.  Our own industry safety regimen as mandated by other applicable state and federal law must take precedence over any other COVID-related requirements.  Thank you for your kind attention to this matter and consideration of these comments, and if you have any questions, please do not hesitate to contact our office.