Members of the Safety and Health Code Board,

As a Safety Manager 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.