The Hampton Roads Chamber is a premier pro-business organization serving over 2,000 members. The Chamber supports public policies that strengthen free enterprise and regional collaboration efforts that promote economic development and conditions for businesses to succeed.

On behalf of the Hampton Roads Chamber, we respectfully ask that you reject the proposed emergency regulations. Instead, we encourage the Department of Labor and Industry to continue their current approach to investigate claims, notify businesses of complaints, work with businesses to ensure they are following proper procedures and issue fair fines when appropriate. 

There are broad issues with the proposed emergency regulations. They are as follows: the issue has already been adjudicated on the Federal level, the existing OSHA standards are enough and enforceable, the "one-size fits all" regulations reduce flexibility to respond to the pandemic, and the proposal creates uncertainty and goes beyond OSHA recommendations. 

We ask the Board to reject any proposed amendments presented at the meeting on June 24^th that do the following:

1. Change Virginia’s unemployment insurance laws to clarify that workers have good cause to quit -- and therefore should be eligible for unemployment insurance benefits -- if their employer requires them to work under conditions that they believe would threaten their health and safety.
2. Change Virginia’s Workers Compensation laws to create a presumption that a worker who contracts COVID-19 is presumed to have an occupational disease arising out of and in the course of employment.
3. Impose additional enforcement mechanisms beyond what is currently available to the Department or claimants such stop-work orders or business closures, enhanced fines, filing a private civil action, and awarding attorney fees.  

While facing devastating economic conditions Virginia’s businesses continue to keep the safety and health of their employees as their top priority as they reopen and increase their business operations.  Again, we respectfully request you reject the proposed emergency regulations.  We believe the Department has sufficient authority and enforcement powers to address the concerns of unsafe work environments.  This action will give Virginia’s small businesses an opportunity to rebuild their businesses, restore their customer base and rehire their employees.

Thank you,

Emily Hasty

Executive Director of Governmental Affairs