July 31, 2021
Submitted Electronically
Jay Withrow, Director
Division of Legal Support, ORA, OPPPI, and OWP
Virginia Department of Labor and Industry
600 E. Main Street, Suite 207
Richmond, VA 23219
RE: Comments of the Richmond Area Municipal Contractors Association (RAMCA) and the Precast Concrete Association of Virginia (PCAV): Safety and Health Codes Board intent to amend Permanent Standard for Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19, 16VAC25-220
Dear Safety and Health Codes Board Members:
On behalf of the Richmond Area Municipal Contractors Association (RAMCA) and the Precast Concrete Association of Virginia (PCAV), I respectfully request a full repeal of the Permanent Standard for Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19, 16VAC25-220 standard. If the Safety and Health Codes Board is unable to support a full repeal of the Final Permanent Standard, the Board should adopt Governor Northam’s substitute language for 16VAC25-220-10(E):
E. To the extent that an employer actually complies with a recommendation contained in CDC guidelines, whether mandatory or nonmandatory, to mitigate SARS-CoV-2 virus and COVID-19 disease related hazards or job tasks addressed by this standard, the employer's actions shall be considered in compliance with the related provisions of this standard. An employer's actual compliance with a recommendation contained in CDC guidelines, whether mandatory or non-mandatory, to mitigate SARS-CoV-2 and COVID-19 related hazards or job tasks addressed by a provision of this standard shall be considered evidence of good faith in any enforcement proceeding related to this standard. The Commissioner of Labor and Industry shall consult with the State Health Commissioner for advice and technical aid before making a determination related to compliance with CDC guidelines.
Thank you for the opportunity to comment.
Vanessa L Patterson
Executive Director RAMCA
Executive Director PCAV