Members of the Safety and Health Code Board,

As an employer in the heavy construction industry, I strongly oppose adopting a Permanent Standard for Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19, 16VAC25-220. The proposed permanent standard has no specified end date and is based on a temporary standard for a temporary health crisis for which there are now 2 vaccines distributed to Virginia with over 90% efficacy with several more candidates nearing the end of their trials.

• Construction is an essential business performing critical  infrastructure work keeping society moving in the Commonwealth. The health and safety of all employees is the top priority of our company. A culture of safety is our primary operating principle. We implemented the CDC and OSHA COVID-19 guidelines for construction as soon as they were published and are in compliance.
• Construction works under CDC and OSHA guidelines.  Additional regulations were duplicative and unnecessary.
• The proposed permanent standard is burdensome, quickly obsolete, difficult to enforce, costly in time and money, and lacks flexibility to adapt to current science and innovation.
• The standard, if adopted, should sunset upon the expiration of the Governor’s COVID-19 State of Emergency. There is no logical or scientific justification for the continuance of a standard specifically crafted in response to an Executive Order during the COVID-19 State of Emergency.
• What metrics, scientific data, or criteria would the Safety and Health Codes Board use to continue a standard for COVID-19 after the Governor, a physician, has allowed the State of Emergency to expire and the Commissioner of Health has determined COVID-19 no longer presents a public health emergency for Virginians?
• The data has not shown a direct and immediate danger for those workers whose tasks fall into the “Low” and “Medium” categories as defined in 16VAC25-220-30, These categories should be removed from the Permanent Standard for those industries regulated by OSHA.

The standard is burdensome, obsolete, difficult to enforce, costly in time and money, and lacks flexibility to adapt to current science and innovation. I am STRONGLY OPPOSED to the adoption of a Permanent Standard, with no expiration, for what is a temporary health situation.  

I remain committed to the health and safety of my employees and thank you for the opportunity to publicly comment.  

Sincerely,

Aaron T. Myers

Executive Vice President

Allan Myers VA, Inc.