The proposed 2020 16VAC25-220, Revised Proposed Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (December 10, 2020), in its current revision, in unreasonable and causes undue burden on employees and employers. This is immediately evident by the elimination of the test-based and time-based return to work options.

The proposed standard requires “employees known or suspected to be infected with the SARS-CoV2 virus…” not return to work until certain criteria are met, one of those criteria being a minimum of 10 days away from onset of symptoms. Unfortunatly, COVID-19 virus signs and symptoms are consistent with several other common illness or conditions; Flu, common Cold, sinus infections, migraine, allergies, food poisoning, etc.). This standard now eliminates the opportunity for an employee to prove they do not have COVID-19 and allow them return to work.  In fact, the entire standard fails to mention any use of COVID-19 testing for the benefit of employees or employers, even though it is free and widely available throughout the Commonwealth.

The burden on an employer to cover the costs for every employee, for every illness, and for almost two weeks will create a serious financial challenge. Employees, in an effort to protect their livelihood, will not report illnesses. The non-reporting of illnesses will create an even greater issue than that of the COVID-19 virus itself. This standard will create a culture of non-reporting and fear, and this will create an unsafe work environment.

The next burden this standard inflicts is the elimination of the option for employers to provide surgical/ medical procedure masks. On page 29, and other locations, the standard gives the impression that PPE for medical providers and first responders is still not readily available. As a first responder I do not agree with that impression. Requiring employer to provide only face coverings is yet another obstacle for employers to overcome and is unnecessary.

This proposed standard is a lot of seemingly good ideas and good intentions but does not appear to have one ounce of genuine understanding of current situation within the Commonwealth and has unrealistic expectations for employers. People and business are struggling. Implementing this standard as-is will create more problems then it solves. Making this a permanent standard is even more absurd.