Emergency Temporary Standard/Emergency Regulation, Infectious Disease Prevention, SARS-CoV-2

Thank you for the opportunity to comment Department of Labor and Industry’s (DOLI) emergency temporary standard and emergency regulation to address the prevention of COVID-19 in the workplace. The Consumer Healthcare Products Association (CHPA), is the national trade organization representing the leading manufacturers of over-the-counter (OTC) medicines, dietary supplements, and consumer medical devices. Please consider our concerns with the emergency temporary standard outlined below.

Timing of Implementation

16 VAC 25-220 lacks an implementation timeline. Due to the wide scope of regulations manufacturers will be required to adhere to, CHPA requests DOLI provide companies with a six-month grace period to implement these standards since, for example, manufacturing facilities for consumer healthcare products must follow strict federal good manufacturing practice requirements, which in turn must be validated and documented before introduction into a facility.

Contradicting Federal and State Guidelines

Provision §10.G states that compliance with CDC guidelines shall be considered as compliance with this standard. However, the proposed standards outline many requirements that go beyond current CDC guidance. It should be clarified if this section is intended to apply to the entire set of standards. If it does apply to the entire set of standards, it should be clarified that these proposed standards are best practices or guidelines, and to the extent they conflict with CDC guidelines, such CDC guidelines shall govern. Also, descriptions of masks and social distancing should match CDC definitions.

Thank you for your consideration of the concerns listed above.

Respectfully submitted,

Carlos I. Gutiérrez

Vice President, State & Local Government Affairs

Consumer Healthcare Products Association