On behalf of the King George County Board of Supervisors, I am writing to express our strong opposition to the Virginia Occupational Safety and Health (VOSH) Proposed Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19. VOSH’s attempt to establish emergency orders as permanent policy undermines the Commonwealth’s legislative process and illegally affords a regulatory agency the ability to step outside of their authority (or lack thereof) to craft statutory policy.
In addition, the VOSH standard places both employers and employees at risk. First, it includes no prohibition on barring employees from coming to work after close contact with an individual who has tested positive for COVID-19; nor does it afford an employer the ability to install testing based return-to-work policies. Second, the permanency of the VOSH policy will deny agencies the benefit of adjusting their operating procedures to meet ever evolving CDC guidance; this rigidity will compromise an organization’s ability to take advantage of scientific discovery and recommendations regarding a novel disease. Finally, the Proposed Permanent Standard lacks “safe harbor” protections for employers that follow current CDC guidance in their attempt to maintain a safe workplace.
We ask that you reconsider this matter and afford agencies the ability to establish local policy that reflects the ground truth of each organization. This cookie cutter approach to combating the COVID-19 disease undermines our ability to safeguard the health and welfare of our employees and the community.
Respectfully,
NEIMAN C. YOUNG, PhD
County Administrator
King George County
10459 Courthouse Drive, Suite 200
King George, VA 22485
540.775.9181