I write as County Attorney for Frederick County, Virginia (the "County"), the County being an employer that would be subject to the proposed regulation (the "Regulation"), Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19, 16VAC25-220.  The County has general concerns regarding the Regulation and its scope, including as to whether the Department of Labor and Industry has properly tailored the Regulation to particular circumstances, especially relative as well to potential changes in public health conditions.  In addition, the County has the following specific comments:

*Section 30 - Some of the definitions of the "exposure risk levels" do not sufficiently distinguish between levels.  For employees who are first responders, the Regulation indicates that they in the "high" risk level when services are "provided to a known or suspected COVID-19 patient, resident, or other person", but the Regulation otherwise places first responders in the "medium" risk level.  Does this mean that first responders are not in the "high" risk level until if and when they actually provide services to a known or suspected COVID-19 patient, resident, or other person?  If so, does this mean that, among otherwise identically situated employees, with the same job responsibilities, some may be in the "high" risk level and others in the "medium" risk level?

*Section 40(A)(7) - The provision is unclear regarding whether, upon notification that one of its employees has tested positive, the employer must notify all of its employees or just those having contact with the employee during the relevant time period.  The regulation refers to the "work site" in terms of notifying employees of other employers who are "present at the work site" during the period the subject employee was present, but the Regulation does not contain the same limitation for the employer of the subject employee.  Also, the Regulation does not define a "work site", in terms of whether it might just constitute a particular office suite, manufacturing area, or the entirety of a building constituting tens or hundreds of thousands of square feet, even if the subject employee was present in only one limited area of such a building.

*Section 80 - Subsection A sets out training requirements for employees with job tasks classified at the "very high" and "high" risk levels, but subsection C requires employer certification of training of employees with job tasks classified at the "very high", "high", and "medium" risk levels.  The Regulation is therefore unclear regarding training for employees with job tasks classified at the "medium" risk level.  Is training mandatory for such employees?

*The Regulation does not state deadlines by which employers must satisfy the indicated mandates.

We appreciate having had the opportunity to comment on the Regulations.

Roderick B. Williams

County Attorney

Frederick County, Virginia