Thank you for the opportunity to comment on the adoption of a permanent standard pertaining to COVID-19. The Delmarva Chicken Association is the 1,600-member trade association representing the chicken growers, companies and allied businesses in Delaware, the Eastern Shore of Maryland and the Eastern Shore of Virginia. In particular, we have two chicken company members in Accomack county that employ thousands of Virginia residents and contract with more than 60 growers. Our comments reflect the views of DCA and do not constitute a statement of admission on behalf of individual members of DCA.

To be clear, employee health and safety has been the number one priority of the Delmarva chicken companies, followed closely by providing an abundant food supply during this crisis. And the efforts that have been made have worked – prior to any regulations, emergency or permanent, being implemented. According to data shared by the Virginia Department of Health (VDH), about 90 percent of cases among poultry and meat processing workers occurred in April and May, with a dramatic decline after that, even as Virginia cases have and continue to increase. This can clearly be due to the industry’s implementation of OSHA, CDC and VDH guidance – not regulations.

DCA continues to have many of the same concerns with the permanent standard as we did with the emergency temporary standards and urges the Virginia Department of Labor and Industry (DOLI) not to promulgate the proposed permanent standard because the regulations are not necessary and will not allow for flexibility as more is learned about this virus. Virginia should not be making permanent regulations that are specific to a temporary virus – which we all believe COVID is.

Our specific concerns with the latest proposed regulations include:

• A static regulation is inappropriate given the ever-changing science and understanding of not only COVID-19, but the vaccine that is now being administered
• There seems to be no sunset for this permanent standard, which is concerning as we have said many times, this pandemic is temporary
• The proposed permanent standard that was published for the 30 day public comment changed the day before the public hearing, making it very difficult to know which draft will be voted upon by the Virginia Safety & Health Codes Board next week – this makes the public process feel less than genuine
• The economic impact analysis that is required for all regulations to deterring the costs to small businesses will not be provided until the day before the Board meeting. This is unacceptable for both the Board members as well as the regulated small business
• VOSH already has the ability under OSHA general duty clause to cite a business that fails to take actions to protect its workers from COVID-19, as recommended by OSHA or CDC

Both the United States Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control and Prevention (CDC) have issued guidance, updated with regularity as new information is learned about the disease, to employers regarding preventative actions that can be taken to protect worker health and safety and mitigate against transmission of the disease at workplaces.

DCA would urge DOLI to not adopt a permanent standard and at most, consider a sunset method that allows any on-going COVID-19 regulatory standards to expire immediately when the state’s emergency order has ended. This makes the most sense rather than setting a precedent of a permanent standard on a temporary issue.