Currently, PCAV’s businesses must follow existing OSHA statutes and regulations to assess their workplaces and determine the existence of hazards and provide necessary PPE to workers including respirators and eye and face protection.  They must maintain proper sanitation for their facilities.  And, most importantly, they have a general duty under the Occupational Safety and Health Act and Virginia law to keep their workplaces free from recognized hazards that cause or are likely to cause death or serious physical harm (the general duty clause).

These regulations and statutes are clear and enforceable even in these unprecedented times.  In fact, on May 19, 2020, OSHA released updated guidance on enforcing workplace safety regulations pertaining to COVID-19.  In the updated guidance, OSHA stated that it would be

enforcing and applying several existing standards—including PPE, recordkeeping, and reporting,

sanitation, and access to medical records—as well as the general duty clause, in ensuring worker safety related to COVID-19.

Additionally, OSHA stated that if an existing regulation does not address a specific deficiency related to COVID-19, OSHA compliance officers are to consider whether the employer has violated the general duty clause.  Also, OSHA clarified an employer’s failure to follow CDC guidance may result in a general duty clause violation.

If one of our members failed to take action to protect its workers from COVID-19, as

recommended by OSHA or the CDC, DOLI’s Occupational Safety and Health Compliance

Program (VOSH) could cite the company for violation of the general duty clause or another

existing regulation.

The lack of additional regulations does not hamper the Commonwealth’s ability to enforce COVID-19 related safety measures; the Commonwealth already possesses the power to take action against non-compliance businesses.