To Whom It May Concern:

Farm Credit of the Virginias (FCV) is a member-owned cooperative providing rural communities and agriculture with reliable and consistent credit for today and tomorrow.  As a lender to agriculture and our rural communities with over $1.8 billion in financing to more than 11,000 farmers, agribusinesses and rural homeowners, FCV is headquartered in Virginia, and operates in VA, WV, and MD.

Our customer-members include the entire range of agricultural producers and agri-businesses represented in the Commonwealth, many of which could be negatively impacted by this emergency regulation, despite having already implemented health and safety protocols for their employees and customers as prescribed by the CDC, OSHA, and VDH.  

FCV is committed to the health and safety of our members and employees, however we are concerned about DOLI moving forward with these emergency regulations without extensive additional opportunity for public input and the following additional reasons. In addition to these concerns, we also align ourselves with the comments submitted by the Virginia Agribusiness Council.

• The guidance issued by OSHA, CDC, and VDH has been well-considered and provides Virginia employers with the flexibility to adapt to evolving knowledge regarding the transmission of the novel coronavirus and effective means and methods to slow or prevent transmission.
• The emergency regulations are unnecessary.  OSHA, CDC, and VDH guidance has proved effective in limiting worker exposure to COVID-19 in workplaces. To the extent any employer does not adhere to current guidelines or existing OSHA regulations, those employers are already subject to enforcement actions. 
• DOLI does not have information to assess or understand the implications this proposal will have on businesses.  As a result, stakeholder involvement is especially critical to inform the development of this program and the ten (10) days to review and comment on over 200 pages of dense regulations, as well as the utilization of an electronic meeting where no public comments will be permitted, is inadequate public transparency and participation. 
• As drafted, the regulations do not provide certainty or consistency for regulated businesses.  For example, there is no detail on the best management practices that will be required, and no standard for the development of compliance plans, mitigation plans or timeline to react to the ever-changing Federal guidance from OSHA and CDC.
• Employers, now three months into the COVID-19 pandemic, have already put into place procedures and controls pursuant to OSHA and CDC guidance that may be entirely undone by these regulations, thus, creating additional regulatory uncertainty that is impractical.
• Rather than impose redundant and conflicting regulatory requirements, VOSH should provide online consultative services for helping employers develop COVID-19 infectious disease preparedness and response plans. 

Thank you for the opportunity to provide feedback on this important issue. 

Sincerely,

Katie Frazier

Chief Marketing & External Affairs Officer

Farm Credit of the Virginias