Thank you for the opportunity to provide comments on the proposed Legislation for Emergency Temporary Standard/Emergency Regulation dated June 12, 2020.  We applaud the efforts of staff and legislators to provide proper guidance to protect Virginians from COVID-19; however, we believe clarification is necessary to prevent confusion or non-compliance with an element of the proposed regulation.

Definition section - "Lower" exposure risk hazards.

• "The installation of floor to ceiling physical barriers constructed of impermeable material and not subject to unintentional displacement" is the element of the regulation where clarity and guidance will assist the public.  Below are questions to help craft our desired clarification:   
  • Is this element of the regulation intended as a recommended suggestion or as a mandate? 
    • If mandatory, what alternatives are offered if the barrier prevents compliance with access requirements to meet fire codes?
  • What are the specifications to comply with the the intent of this section of the regulation?  
    • What is the minimum width of this barrier?
  • The example was provided of a convenience store where only one employee is working.
    • Can more than one person work behind that area if employing proper social distancing and the use of masks?

We believe business owners with good intentions will make what they view as reasonable and appropriate efforts to comply with the intent of this section of the regulation that may differ from the opinion of an inspecting authority or our clients.  Clarification will assist greatly.

Thank you again for your efforts to protect the public and the opportunity to comment.