Virginia Regulatory Town Hall
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Department of Labor and Industry
 
Board
Safety and Health Codes Board
 
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1/7/21  11:06 am
Commenter: Joanne Carpenter/CHEMetrics, Inc.

Permanent Draft does not address Return to Work guidelines for asymptomatic employees
 

As far as I can tell, the proposed Permanent Standard revised text for Return to Work policy on pg 26 only addresses symptomatic employees known or suspected to be infected with the SARS-CoV2 virus. Unlike the Temporary Standard, no guidance is given for asymptomatic employees, (which is what we deal with most often). There are 6 hits for the search term “asymptomatic”, so the condition is acknowledged in the Draft Permanent Standard.

Here's how the Temporary Standard handled Return to Work for asymptomatic employees, (pg 18)

The employer shall develop and implement policies and procedures for known to be infected with SARS-CoV-2 asymptomatic employees to return to work using either a time-based or test-based strategy depending on local healthcare and testing circumstances. While an employer may rely on other reasonable options, a policy that involves consultation with appropriate healthcare professionals concerning when an employee has satisfied the time based strategy requirements in §16VAC25-220-40.B.2.a will constitute compliance with the requirements of §16VAC25-220-40.B.

It is baffling why the Return to Work section of the Permanent Standard is exclusively tied to symptomatic cases. In our organization, we have been fortunate thus far with a very low (+) case rate over the 10 month period. We attribute this to our employees who have been  forthcoming in reporting possible Covid exposures. Of course these cases involve waiting (keeping the employee home) until until the +\- status is established for the suspect case and then prescribing stay a home directives from that point. Furthermore, employees who do test (+) may be allowed to return to work too soon if they have a mild case and are asymptomatic.

By not providing guidance for asymptomatic employees, a business will be more apt to allow an asymptomatic employee (under various scenarios) back into the workplace prematurely.

 

CommentID: 88702