Virginia Regulatory Town Hall
Department of Labor and Industry
Safety and Health Codes Board
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6/22/20  10:29 pm
Commenter: Shannon Horton, Horton Vineyards

Oppose new regulations

I oppose and Horton Vineyards opposes the safety regulations as it is written.  The manner in which it is written is overly burdensome for businesses.  It creates an undue burden on businesses particularly that employee becoming COVID positive is presumed to be contract at work and therefore workmen's compensation.  There is no eligibility requirements that the employee must meet in order it to be works compensation.  

A business cannot regulate the behavior of an employee outside the work place.  The employee maybe engaging in high risk behavior outside the work place that exposes them to a higher risk then the work enviroment.

Without eligibility requirements for the employee to meet the burden is solely on the business which creates an undue burden.  

The regulations also creates an undue burden by not defining what a flexible leave policy.  What is flexible? Flexible is not defined. 

The regulation talks about N95 however it does not go into detail about the yearly testing or that a PAPR is required for employees with facial hair.  

The burden should not entirely be on the employer it needs to be shared with the employee.  There needs to be requirements/eligbility requirements for an employee to meet for a COVID case to be workers compensation.

The regulation quotes and references other states but it was noticed that none of the States that have allowed COVID to be a workmens comp claim but require elements that the employee must meet were referenced.


CommentID: 83671