In our capacity as a long-time member of the VA construction industry, we wish to register our strong opposition to VOSH adopting a Permanent Standard for Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19, 16 VAC25-220.

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 industry performing critical infrastructure work keeping our society moving in and around the Commonwealth. Health and safety for all of our employees is part of our Company value system and culture. We have implemented and complied with CDC, VOSH ETS and OSHA COVID-19 guidelines for construction since they were published and remain in compliance.
• Construction activity already operates under CDC, VOSH and OSHA Covid prevention guidelines.  We believe additional regulations are duplicative and unnecessary.
• The proposed permanent standard is burdensome, will become quickly obsolete, difficult to enforce, costly in time, money and resources, and lacks flexibility to adapt to current and emerging 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.
• We ask you: what metrics, scientific data, or criteria would the Safety and Health Codes Board use to continue a standard for COVID-19 after the Governor, who is 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 health data on Covid 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 industries regulated by VOSH.

We are therefore STRONGLY OPPOSED to the adoption of a Permanent Standard, with no expiration, for what is a temporary health emergency.  

Our Company remains sincerely committed to the health and safety of our employees through continued compliance with Best Practices, CDC, VOSH and OSHA requirements.

Thank you for the opportunity to publicly comment.