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Virginia Regulatory Town Hall
Department of Labor and Industry
Safety and Health Codes Board
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9/25/20  11:58 pm
Commenter: Nandan Kenkeremath, Leading Edge Policy And Strategy

OPPOSE ---Part IV--Unworkable and No Record The Emergency Temporary Standards Work Now

On paper the emergency temporary standard and proposed permanent standard are unfair and unworkable on so many levels.  One factor in the law authorizing the Safety and Health Codes Board to act is the feasibility of the standards and experience gained under this and other health and safety laws.  We know that the Federal Occupational Safety and Health Board replied to Richard Trumka stating that the Federal guidelines should not be turned into regulations.  The Board obviously did not follow that recommendation.  So now we have two months of experience under the emergency temporary standard (ETS). It is imperative that DOLI and the Board assess-- how has that worked out.  The Board was in so much of a rush that there could be only 10-days of comment, no response to comment document, no regulatory impact analysis, and no regulatory flexibility analysis for small business.  Well now that the Board ignored all the things a responsible regulatory group would do-- what is the record on the program.  First, can DOLI and the Board run a survey on whether are even aware of the ETS.  Which workers have been sent home to not work due having a suspected covid symptom.  Do we have ANY case studies or surveys.  What reporting has occurred.  Who has installed a barrier?  How many have been found to fall under the suspected COVID category.  What tests have been reported by the testing system in the rule.  Where is the evaluation of this real program before seeking comments on a permanent rule.  We need another comment period, with a regulatory flexibility analysis, a regulatory impact analysis and actual data about this poorly formed program.

CommentID: 86646