The proposal, as revised, continues to be deeply flawed. The two most glaring issues:

1) It places an unreasonable burden on businesses both in terms of monitoring, placing demand on employers to create two classes of workers; essentially requiring employers disclose employees medical choices to all employees. Could that then trigger A.D.A. violation claims? Would the potential for employees feeling harassed by the employer and/or other employees as "The problem around here", make them feel vulnerable to harassment, bias? Would it place "undue emotional stress" creating a "perception of the employer creating a hostile, unsafe work environment? Could that be viewed, ironically as a violation of OSHA's General Duty Clause. 

2) The standard implies that COVID-19 is a workplace hazard; it is not. It is an airborne virus, It can be contracted anywhere. There is no way to determine  an employee caught COVID-19 at the workplace. Period. It is not a workplace hazard that can mitigated  like a chemical, or tripping hazard, etc.

As Governor Northam has stated, the focus needs to be on vaccinating the population. It will not be fixed by more legislation that is disconnected from any practical understanding of how businesses actually operate in the real world. Businesses across the Commonwealth, already traumatized by the events of the past year don't need or want this.  We want our employees, customers, and the public at large to get vaccinated.