Virginia Regulatory Town Hall
Agency
Department of Labor and Industry
 
Board
Safety and Health Codes Board
 

268 comments

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7/2/21  5:24 pm
Commenter: Jonathan Bottoms, United Steelworkers Union local 12103

Vaccination discrimination
 

On behalf of my Union body, and many others who have suffered at the hand of these standards, I do not support the changes in this standard that open the door for discrimination against individuals who choose not to receive this vaccination. We, as a state  & a country, need to move forward together - without infringing on anyone's freedom to choose what is best for their own body. As someone who has contracted COVID-19 myself, I would like to know why there is no language about immunity gained from natural antibodies? Additionally, why should a non-vaccinated person be required to wear a mask while working next to someone who is vaccinated? This, in my opinion, casts doubt on the effectiveness of the vaccines all together. As is true of anything in life, we must all retain our right to form opinions & make our own decisions accordingly. These amendments will create more division & promote animosity amongst co-workers, employees, and employers. The analogy I think about here is a very simple one, comparing mask usage to wearing a seatbelt - I choose to wear my seatbelt to protect myself & my family, but I cannot & will not try to force my beliefs behind that choice on anyone else. These are decisions that people must make for themselves. The leaders of our great state have the opportunity here to restore a sense of normalcy to a population that severely needs it. I, for one, hope that we can ALL move past this pandemic, together, without divisive regulations. I was raised to shake hands & make direct eye contact with those who I respect, and that is exactly what I intend to do from here on out - regardless of my lack of the check-in-the-box that is a vaccination card.

CommentID: 99342
 

7/7/21  8:38 am
Commenter: Johnny Jacobs

Permanent Covid amendments
 

This permanent covid was way to late and made pernanent as the vaccine was rolling out to the public. My issue is it being behind with the cdc guidance. I’m fully vaccinated yet at my job everybody vaccinated or not has to wear a mask., This bit of freedom of choice should be eliminated as it comes to the vaccine. Employers should mandate their employees to be vaccinated or leave. If you gettin covid was only affecting the individual yes that’s their choice whether to get vaccinated but that’s not the case. Unvaccinated people are spreading that crap to others. U have no right to be able to do that. At the least it would be nice for the vaccinated people to have a choice to wear the mask or not. If ur unvaccinated wear the mask should be mandatory. That would maybe get more to get vaccinated if that was enforced. But I truly believe it’s an employers right to mandate this vaccine to their employees. They are the real problem and the reason the delta variant is out.,

CommentID: 99346
 

7/8/21  9:08 am
Commenter: Josh Phelps

opposition to the EPS and any and all amendments
 
Comments for proposed amendments to permanent standard July 2021:
Image
If the mission of any mitigation strategies for Covid-19 is still to limit the overwhelming of hospitals, that has been completely accomplished based on the VDH data in the graph above.  The darkest blue is current hospitalizations for CV-19 and the dotted yellow is surge capacity (not overwhelmed capacity).  As can be seen, we have never been anywhere near capacity nor in danger of overwhelming the hospital beds.  Shown is Northwest region, but all graphs show the same overall trends.  If the mission of any mitigation strategy is something other than preventing hospitals from becoming overwhelmed, then that should be explained by the DOLI board at the outset.
 
Image
The % positivity rates are also as low as they’ve ever been, even before any executive orders were implemented last year, why doesn’t that metric mean anything to DOLI?  
 
Also, we are still referencing PCR tests as the accepted measurement for infection.  However, just detecting virus using this test doesn’t equate to an infection, hospitalization, or death.  It just means the virus was detected.  The CDC spells this out here:
Image
This means just because someone submits to a PCR test and that test, run at higher than recommended cycles, finds traces of virus, that person is deemed to be a positive case.  That person may never be in need of medical care, may never have a symptom, and may never transmit enough virus to cause illness to anyone else, yet they are recorded as a positive case.  That seems like an improper way to measure the presence of a lethal virus in a population.  I’d expect that in VA, with a governor who was trained as a medical doctor, we would require a higher level of verification to declare someone as a positive case.
 
Deaths are also now at incredibly low numbers.  Ultimately that is what is trying to be reduced or prevented from a viral spread, that has happened.  In the same Northwest region, the 7-day average is 3 deaths/day.  That is less than deaths from any number of other daily activities and certainly not worthy of statewide intervention policies.
 
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Also, according to VDH data, 11,436 individuals have deaths attributed to CV-19 out of 681,599 reported cases.  That’s a death rate of .0168% or 99.9832% survivability when a positive case is identified (notwithstanding the above issues with positive case identification).  This assumes accuracy of reporting is 100% as well.  Knowing this, we are taking all these mitigation efforts?  Does anyone at DOLI do a risk/benefit analysis with respect to this public data?  If called as a witness in a legislative session, could a DOLI official explain the return on investment to a business for implementing any strategy at all for anything that has less than a 1% chance of happening??
 
With respect to placing demands on the employers of VA to mitigate this virus, the data doesn’t point to this being the proper protocol.  See this chart from VDH data where the vast majority of cases/deaths/hospitalizations are from people near or beyond retirement age (in fact most deaths are from people beyond the average expected life span).  So it really makes no sense to put controls or restrictions on businesses whose employees are in low risk age and demographic groups and contribute nothing to any risk of overwhelmed hospitals or severe disease outbreaks or deaths.
 
Image
 
Also quite curious is VDH website won’t allow me to build a chart just based on death counts alone.  It combines cases and hospitalizations.  So drilling down on the data becomes quite a chore which seems like something that should be fixed.
 
The current round of EUA vaccines on the market are just that, experimental.  There have been zero long-term tests done to know if there are any impacts 2, 5, 10 years from now on recipients.  For this reason alone, employers should not be compelling their teams to do anything with respect to this procedure unless they somehow assume the risk of any adverse events.  In VA, according to VAERS, 44,910 adverse events have been reported.  4,373,518 people in VA are fully vaccinated.  It has been widely estimated that VAERS reporting only captures anywhere from 1-10% of incidents.  Even if not, there’s a 1% chance that a recipient of this experimental intervention will have an adverse reaction and less than a 1% chance of mortality from contracting the virus.  Based on those odds alone, individuals are far better off accepting the low risk of natural disease especially when long-term impacts of the experimental drug on their life is completely unknown.  As an employer, there’s no way to ethically compel or entice employees to accept this risk.
 
There’s also no evidence to show someone who has received the experimental intervention helps anyone but themselves.  A person who receives this treatment, then has exposure to the virus, is now an asymptomatic carrier, and not masking (per these guidelines), making them far more dangerous in the workplace than before (if we assume masks have any impact at all).  If the experimental shot is truly effective, then it shouldn’t matter who wears masks and who doesn’t because the recipients of the shot are supposedly immune.  
 
To illustrate why these programs really will not work, look at the case of the first cruise to take place in North America since all of this has happened.  All crew and passengers were required to be fully vaccinated and have a negative test within 72hrs of departure.  Yet, 2 passengers tested positive for CV-19 while on the cruise.  This could equate to any business you can imagine, anywhere.  Basically, they fully complied and there were still people with the virus.  So what good did any of this do?  Why were they even testing if the vaccine requirements were supposedly enough?  Celebrity Millennium - Two passengers on first fully vaccinated cruise in North America test POSITIVE for Covid (the-sun.com)  
 
Are workers given fully informed consent when they are taking this shot?  Do they know the risks as outlined by the FDA?
Image
 
Does DOLI plan to publish these risks as part of the standard when discussing vaccinated employees versus non-vaccinated employees?
 
How can people who have had a natural interaction with the virus and survived be discounted as being any different from someone who has received the experimental shot?  Humans have developed lifelong or nearly lifelong immunity or resistance to viruses since we have existed.  Are we now ignoring millions of years of development as a species because some new virus showed up in 2020?  Can DOLI refute this?  This article spells it out quite well: Good news: Mild COVID-19 induces lasting antibody protection – Washington University School of Medicine in St. Louis (wustl.edu)
 
Should people who have recovered from COVID take a vaccine? (trialsitenews.com)
 
Many more articles and studies like that can be found quite easily.  
 
As of the date of implementation of the ETS (now EPS) in VA, there were approximately 3,200 reported deaths.  VA now stands at approximately 11,400 deaths meaning that since implementation of these mitigation strategies and other statewide mandates, deaths have tripled.  Also during this time the experimental vaccines were introduced and widely implemented.  Can DOLI or anyone at VDH explain this trend sufficiently to make us think that continuing these policies is in any way a net positive for the workers and employers and citizens of VA?
 
There are treatments available.  They have worked and are working worldwide and in the US where brave doctors have risked their careers to save lives while being suppressed by local and state authorities and definitely censored when trying to share best practices with others in their profession on the front lines.  Anyone interested can find these credible testimonies on a variety of platforms and should be appalled and the silencing of these experts.  Dr Pierre Kory, Dr Brett Weinstein, Dr Richard Bartlett, Dr Vladimir Zelenko to name a few that should be looked at.  Knowing this, the EUA should have never been allowed to move forward, that alone should give pause to officials here in VA not wanting future lawsuits for our state to have to defend using taxpayer dollars.  While this is not the role of DOLI, it is something that should be understood and investigated because there will be legal battles coming and this discussion will emerge as part of those cases.
 
In summary, while safety of the workforce appears to be the underlying motivator by DOLI, data suggests safety has not and will not be improved by any measures implemented and enforced thus far.  Data also suggests that the most vulnerable population to this particular virus is largely not in the workforce.  Asking employers to now get into the business of openly discriminating against people who choose or choose not to have an experimental drug injected into their body is really a frightening prospect after a year in which we’ve been asked to enforce state rules on our own with no training or guidance, become nurses and doctors in assessing an employee’s health, taking temperatures or daily medical surveys and also trying to remain open in the face of an economic downturn caused largely by government intervention.
 
DOLI has not had proper public testimony from expert witnesses on any of the topics spelled out in the standard.  Myriad states in the USA have done little to no intervention and had similar or better outcomes with no negative impact on their economies or business freedoms, and those states have recovered faster and are seeing an influx of residents and businesses.  Yet DOLI and VA ignore all of this and just keep making policy.  
 
There are things that are not known.  We really do not know if face coverings do any good or not.  We really do not know if social distancing does any good or not.  We really do not know if constant sanitizing does any good or not.  We really do not know if asymptomatic spread is real or not.  We really do not know if assuming everyone has a virus is a good idea or not.  We really do not know if natural immunity is as effective as that obtained by the various experimental drugs available.  We really do not know if there are long term effects of these drugs.  We really do not know if there have been outbreaks prevented by the measures set out in this standard since last fall.  We really do not know far too many things to implement any policy ethically, or morally here in the commonwealth.  Given the above, I am opposed to the continuation of this standard or any regulation not supported by validated data and public, expert testimony and on the record votes by elected officials.  

 

CommentID: 99360
 

7/9/21  11:50 am
Commenter: Chris Cook

Opposition to Continuation of the Emergency
 

Continuation of the Emergency standard, with or without, the proposed changes, will create a burden on most employers and employees, as well ruin the credibility of the Virginia Department of Labor and Industry.

1) On May 28th, Governor Northam, said the following at a press conference: "Today, we mark a tremendous milestone in our fight against COVID-19. As of 12:01 this morning, for the first time since March 2020, there are no limits on capacity or distancing in Virginia's restaurants, business, offices, or other venues." (Virginian-Pilot/Pilotonline, May 28th 2021 10:27 AM; similarly reported by all major media.)

At that moment, in the mind of the citizens of Virginia, the Governor ostensibly, invalidated the Emergency Permanent Standard by proclamation in virtually all settings.

2) Since then, employees, both vaccinated and unvaccinated, have been going to public events, going out to dinner, shopping, attending church, etc  without becoming ill from COVID. As no requirement for proof of vaccination is required for the mask rules, it is impossible to say whether they are following that CDC guidance at all times. 

With the exception of healthcare professions, where actively ill patients may be injured, or hospitalized, any reasonable person could presume that continuing the proposed restrictions, specifically on a subset of employees, who have chosen to not be vaccinated, nor required to provide proof one way or the other in their daily lives, will view attempted enforcement of these regulations on them in the workplace as a form of intimidation and harassment. 

 

CommentID: 99363
 

7/13/21  3:52 pm
Commenter: Anonymous

COVID19 Permanent Standard Proposed Updates
 

Dear Members of the Safety and Health Codes Board:

 

I write to you today in regard to the proposed changes to the COVID-19 permanent workplace standard. 

 

The termination of Governor Northam’s state of emergency has created confusion in the business community due to the many conflicting sources of ongoing health regulations.  While many may look at the expiration of our state of emergency as welcome news that the pandemic is coming to an end, business owners still operate under regulations that are now outdated due to vaccinations and evolving federal guidelines.  With capacity limits and mask mandates eliminated but a strict COVID-19 standard still in place, many Virginia business owners don’t know which regulatory framework they should follow.

 

To eliminate such confusion (and burden) on businesses and their employees as they seek to recover, it makes the most sense to rescind the standard as has been done with Virginia’s state of emergency.  

 

If—and only if—it is the will of the Safety and Health Codes Board to keep a standard in place, it should mirror Center for Disease Control (CDC) guidelines so business owners need not worry about conflicting information from our state and federal governments.  The CDC has long asked us to follow the science and a less burdensome approach to COVID-19 mitigation will allow for a speedier recovery while still keeping employees safe.

 

Our businesses are committed to the safety and welfare of our customers, employees, and community.  Please help ensure a speedy economic recovery by eliminating burdensome regulations on our businesses. 

CommentID: 99371
 

7/13/21  4:01 pm
Commenter: Kathleen Washburn, NVUS, LLC

COVID-19 permanent workplace standard
 
Dear Members of the Safety and Health Codes Board:
 
I write to you today in regard to the proposed changes to the COVID-19 permanent workplace standard. 
 
The termination of Governor Northam’s state of emergency has created confusion in the business community due to the many conflicting sources of ongoing health regulations.  While many may look at the expiration of our state of emergency as welcome news that the pandemic is coming to an end, business owners still operate under regulations that are now outdated due to vaccinations and evolving federal guidelines.  With capacity limits and mask mandates eliminated but a strict COVID-19 standard still in place, many Virginia business owners don’t know which regulatory framework they should follow.
 
To eliminate such confusion (and burden) on businesses and their employees as they seek to recover, it makes the most sense to rescind the standard as has been done with Virginia’s state of emergency.  
 
If—and only if—it is the will of the Safety and Health Codes Board to keep a standard in place, it should mirror Center for Disease Control (CDC) guidelines so business owners need not worry about conflicting information from our state and federal governments.  The CDC has long asked us to follow the science and a less burdensome approach to COVID-19 mitigation will allow for a speedier recovery while still keeping employees safe.
 
Our businesses are committed to the safety and welfare of our customers, employees, and community.  Please help ensure a speedy economic recovery by eliminating burdensome regulations on our businesses. 
 
Thank you for your careful consideration of this request. 
 
 
CommentID: 99372
 

7/13/21  4:02 pm
Commenter: Vicki Arven

Permanent Workplace Standard Removal
 

Dear Members of the Safety and Health Codes Board:

 

I write to you today in regard to the proposed changes to the COVID-19 permanent workplace standard. 

 

The termination of Governor Northam’s state of emergency has created confusion in the business community due to the many conflicting sources of ongoing health regulations.  While many may look at the expiration of our state of emergency as welcome news that the pandemic is coming to an end, business owners still operate under regulations that are now outdated due to vaccinations and evolving federal guidelines.  With capacity limits and mask mandates eliminated but a strict COVID-19 standard still in place, many Virginia business owners don’t know which regulatory framework they should follow.

 

To eliminate such confusion (and burden) on businesses and their employees as they seek to recover, it makes the most sense to rescind the standard as has been done with Virginia’s state of emergency.  

 

If—and only if—it is the will of the Safety and Health Codes Board to keep a standard in place, it should mirror Center for Disease Control (CDC) guidelines so business owners need not worry about conflicting information from our state and federal governments.  The CDC has long asked us to follow the science and a less burdensome approach to COVID-19 mitigation will allow for a speedier recovery while still keeping employees safe.

 

Our businesses are committed to the safety and welfare of our customers, employees, and community.  Please help ensure a speedy economic recovery by eliminating burdensome regulations on our businesses. 

 

Thank you,

Vicki Arven

CommentID: 99373
 

7/13/21  4:05 pm
Commenter: Jay Gilliland

Proposed changes to the COVID-19 permanent workplace standards
 

Dear Members of the Safety and Health Codes Board:

 

I write to you today in regard to the proposed changes to the COVID-19 permanent workplace standard.

The termination of Governor Northam's state of emergency has created confusion in the business community due to the many conflicting sources of ongoing health regulations.  While many may look at the expiration of our state of emergency as welcome news that the pandemic is coming to an end, business owners still operate under regulations that are now outdated due to vaccinations and evolving federal guidelines.  With capacity limits and mask mandates eliminated but a strict COVID-19 standard still in place, many Virginia business owners don't know which regulatory framework they should follow.

To eliminate such confusion (and burden) on businesses and their employees as they seek to recover, it makes the most sense to rescind the standard as has been done with Virginia's state of emergency.

If-and only if- it is the will of the Safety and Health Codes Board to keep a standard in place, it should mirror Center for Disease Control (CDC) guidelines so business owners need not worry about conflicting information from our state and federal governments.  The CDC has long asked us to follow the science and a less burdensome approach to COVID-19 mitigation will allow for a speedier recovery while still keeping employees safe.  

Our businesses are committed to the safety and welfare of our customers, employees, and community.  Please help ensure a speedy economic recovery by eliminating burdensome regulations on our businesses.  

CommentID: 99374
 

7/13/21  4:32 pm
Commenter: Matthew Rosenbaum, MBA

Workplace Standard
 

Good Afternoon,

I would like to echo comments of previous members of the public in saying that the emergency standard needs to be eliminated and federal guidelines should be followed. Federal guidelines are staying up to date with new and current scientific guidance, while the standard is several months behind.

 

Thank you,

Matthew Rosenbaum, MBA

CommentID: 99375
 

7/13/21  6:54 pm
Commenter: Anonymous

Support for Amendment
 

Having a temporary and then permanent standard in our state has helped, in my opinion, develop more awareness about Covid-19 and means for protection, in addition to keeping the exposure and infection rate low among our employees.

As someone who is responsible for implementing the requirements of these standards, develop the Plan and conduct training, there were times when it was overwhelming to do it in addition to my regular job duties. However, looking back,  I can see the benefits of having a compliance framework to assist employers and their employees navigate the pandemic and post-pandemic era. This framework, combined with the commitment of our leaders, had helped us stay safe and working, despite the polarized beliefs and views held by some employees at times.

Having to comply with these standards in VA had created for employers a different, more effective response to the pandemic in comparison with other states (based on conversations I had with professionals in other states (MD, GA, NY).

Moving forward, the Amendment would help, in my opinion, employers close the gap between their employees who are vaccinated and those who are not. 

Thank you.

CommentID: 99377
 

7/13/21  9:18 pm
Commenter: Anonymous

Covid restrictions
 

I think all the covid restrictions should be removed and we should have the same work conditions we had prior to covid.  

CommentID: 99378
 

7/13/21  9:29 pm
Commenter: Sofiia Melnyk

Covid restrictions
 

I live in Roanoke, VA. Covid restrictions put a lot of pressure on local businesses. I would like to have Covid restrictions removed so businesses can operate like they used to during pre pandemic time. 

CommentID: 99379
 

7/14/21  9:07 am
Commenter: Amy Wolford, DePaul Community Resources

Comment regarding the proposed changes to the Final Permanent Standard for COVID-19
 

July 14, 2021

 

Holly Trice

Senior Staff Attorney, Regulatory Coordinator

600 E. Main Street

Suite 207

Richmond, VA 23219

 

RE: Proposed Amendments to the Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes COVID-19, 16VAC25-220, as Adopted by the Virginia Safety and Health Codes Board dated June 29, 2021

 

Dear Ms. Trice:

 

Thank you for the opportunity to provide a public comment. As safety is a top priority for our nonprofit human services organization, we would like to raise the following to items to your attention.

 

While the proposed Final Permanent Standard addresses workplace issues within an office setting, we are requesting specific guidance regarding employees who will have in-person contact with people who are unable to receive the vaccine or who are at a higher risk of severe COVID-19 even with a vaccine in a community setting, such as a home. Our work at DePaul requires our employees to be in foster homes with children who are unable to be vaccinated at this time due to their age, as well as in the homes of individuals with developmental disabilities. There is a need to provide appropriate precautions to protect our staff, the clients we serve (foster children and individuals with disabilities), and the people that care for them (foster parents and sponsored residential providers) in these community-based settings.   

 

Additionally, we are requesting clarity regarding an employer’s ability to mandate precautions that are stricter than the Final Permanent Standard.  The Final Permanent Standard appears to indicate that employers are prevented from maintaining stricter precautions.  While FAQ #49 in §40 from the current Final Permanent Standard indicates that ability, it is unclear if this revision of the Final Permanent Standard takes that allowance away from employers.

 

Thank you for your time and consideration. 

 

Sincerely,

CommentID: 99381

 

7/14/21  9:57 am
Commenter: Visit Virginia's Blue Ridge

COVID 19 Guidelines
 

It would be best for the Commonwealth of Virginia to align all workforce COVID19 standards with the CDC guidelines.  This will reduce any confusion.

CommentID: 99382
 

7/14/21  10:15 am
Commenter: TBS Construction, LLC

Changes to the COVID-19 Permanent Workplace Standard
 

Dear Members of the Safety and Health Codes Board:

 

I write to you today in regard to the proposed changes to the COVID-19 permanent workplace standard. 

 

The termination of Governor Northam’s state of emergency has created confusion in the business community due to the many conflicting sources of ongoing health regulations.  While many may look at the expiration of our state of emergency as welcome news that the pandemic is coming to an end, business owners still operate under regulations that are now outdated due to vaccinations and evolving federal guidelines.  With capacity limits and mask mandates eliminated but a strict COVID-19 standard still in place, many Virginia business owners don’t know which regulatory framework they should follow.

 

To eliminate such confusion (and burden) on businesses and their employees as they seek to recover, it makes the most sense to rescind the standard as has been done with Virginia’s state of emergency.  

 

If—and only if—it is the will of the Safety and Health Codes Board to keep a standard in place, it should mirror Center for Disease Control (CDC) guidelines so business owners need not worry about conflicting information from our state and federal governments.  The CDC has long asked us to follow the science and a less burdensome approach to COVID-19 mitigation will allow for a speedier recovery while still keeping employees safe.

 

Our businesses are committed to the safety and welfare of our customers, employees, and community.  Please help ensure a speedy economic recovery by eliminating burdensome regulations on our businesses. 

CommentID: 99383
 

7/14/21  2:52 pm
Commenter: Brooke Miles

Virginia COVID Standard
 

Dear Members of the Safety and Health Codes Board:

I am writing to ask that you rescind the COVID-19 permanent workplace standard. The guidance is outdated and does not reflect recent developments, specifically regarding vaccinations. The Occupational Safety and Health Administration (OSHA) and Centers for Disease Control (CDC) have provided sufficient guidance for employers that is frequently updated to reflect changes in science, best practices and standards.

As a Human Resources professional, I consider helping to provide a safe workplace for our employees one of my most important responsibilities. For many years, I have relied on guidance from OSHA to assist with various elements of a workplace safety. I trust that their recommendations on mitigating and preventing the spread of COVID-19 in our workplaces will be of the same caliber and high standard we are accustomed to.  In addition, the CDC will continue to be our Company’s “go-to” source of information for all pandemic related planning and response activities.

Rather than continuing with unnecessary and burdensome regulations, I urge you to rely on the expertise of the CDC and OSHA to guide Virginia’s COVID-19 response.

 

CommentID: 99384
 

7/14/21  5:04 pm
Commenter: Anonymous

Your workplace "protections" are screwing retail workers
 

Drop mandatory daily health screening/surveys. Since implementation, these have forced otherwise honest employees to lie repeatedly about mundane, routine, non-COVID health conditions, or else take excessively long periods of unpaid time off of work due to the requirements in this policy. Nobody I know answers these surveys honestly unless they want 10 days off from work unpaid. This is an unnecessary reporting burden for the employee and employer, and is costing many front-line retail workers large amounts of lost wages.

CommentID: 99385
 

7/14/21  8:50 pm
Commenter: John Avis

Rescind COVID-19 Standard
 

Dear Members of the Safety and Health Codes Board:

 

I write to you today in regard to the proposed changes to the COVID-19 permanent workplace standard. 

 

The termination of Governor Northam’s state of emergency has created confusion in the business community due to the many conflicting sources of ongoing health regulations.  While many may look at the expiration of our state of emergency as welcome news that the pandemic is coming to an end, business owners still operate under regulations that are now outdated due to vaccinations and evolving federal guidelines.  With capacity limits and mask mandates eliminated but a strict COVID-19 standard still in place, many Virginia business owners don’t know which regulatory framework they should follow.

 

To eliminate such confusion (and burden) on businesses and their employees as they seek to recover, it makes the most sense to rescind the standard as has been done with Virginia’s state of emergency.  

 

If—and only if—it is the will of the Safety and Health Codes Board to keep a standard in place, it should mirror Center for Disease Control (CDC) guidelines so business owners need not worry about conflicting information from our state and federal governments.  The CDC has long asked us to follow the science and a less burdensome approach to COVID-19 mitigation will allow for a speedier recovery while still keeping employees safe.

 

Our businesses are committed to the safety and welfare of our customers, employees, and community.  Please help ensure a speedy economic recovery by eliminating burdensome regulations on our businesses. 

CommentID: 99386
 

7/15/21  2:46 pm
Commenter: Danita Roble

Do Not make temporary regulations regarding COVID-19 permanent
 

If the mission of any mitigation strategies for Covid-19 is still to limit the overwhelming of hospitals, that has been completely accomplished based on the VDH data in the graph above.  The darkest blue is current hospitalizations for CV-19 and the dotted yellow is surge capacity (not overwhelmed capacity).  As can be seen, we have never been anywhere near capacity nor in danger of overwhelming the hospital beds.  Shown is Northwest region, but all graphs show the same overall trends.  If the mission of any mitigation strategy is something other than preventing hospitals from becoming overwhelmed, then that should be explained by the DOLI board at the outset.

The % positivity rates are also as low as they’ve ever been, even before any executive orders were implemented last year, why doesn’t that metric mean anything to DOLI?  

Also, we are still referencing PCR tests as the accepted measurement for infection.  However, just detecting virus using this test doesn’t equate to an infection, hospitalization, or death.  It just means the virus was detected.  The CDC spells this out here:

This means just because someone submits to a PCR test and that test, run at higher than recommended cycles, finds traces of virus, that person is deemed to be a positive case.  That person may never be in need of medical care, may never have a symptom, and may never transmit enough virus to cause illness to anyone else, yet they are recorded as a positive case.  That seems like an improper way to measure the presence of a lethal virus in a population.  I’d expect that in VA, with a governor who was trained as a medical doctor, we would require a higher level of verification to declare someone as a positive case.

Deaths are also now at incredibly low numbers.  Ultimately that is what is trying to be reduced or prevented from a viral spread, that has happened.  In the same Northwest region, the 7-day average is 3 deaths/day.  That is less than deaths from any number of other daily activities and certainly not worthy of statewide intervention policies.

Also, according to VDH data, 11,436 individuals have deaths attributed to CV-19 out of 681,599 reported cases.  That’s a death rate of .0168% or 99.9832% survivability when a positive case is identified (notwithstanding the above issues with positive case identification).  This assumes accuracy of reporting is 100% as well.  Knowing this, we are taking all these mitigation efforts?  Does anyone at DOLI do a risk/benefit analysis with respect to this public data?  If called as a witness in a legislative session, could a DOLI official explain the return on investment to a business for implementing any strategy at all for anything that has less than a 1% chance of happening??

With respect to placing demands on the employers of VA to mitigate this virus, the data doesn’t point to this being the proper protocol.  See this chart from VDH data where the vast majority of cases/deaths/hospitalizations are from people near or beyond retirement age (in fact most deaths are from people beyond the average expected life span).  So it really makes no sense to put controls or restrictions on businesses whose employees are in low risk age and demographic groups and contribute nothing to any risk of overwhelmed hospitals or severe disease outbreaks or deaths.

Also quite curious is VDH website won’t allow me to build a chart just based on death counts alone.  It combines cases and hospitalizations.  So drilling down on the data becomes quite a chore which seems like something that should be fixed.

The current round of EUA vaccines on the market are just that, experimental.  There have been zero long-term tests done to know if there are any impacts 2, 5, 10 years from now on recipients.  For this reason alone, employers should not be compelling their teams to do anything with respect to this procedure unless they somehow assume the risk of any adverse events.  In VA, according to VAERS, 44,910 adverse events have been reported.  4,373,518 people in VA are fully vaccinated.  It has been widely estimated that VAERS reporting only captures anywhere from 1-10% of incidents.  Even if not, there’s a 1% chance that a recipient of this experimental intervention will have an adverse reaction and less than a 1% chance of mortality from contracting the virus.  Based on those odds alone, individuals are far better off accepting the low risk of natural disease especially when long-term impacts of the experimental drug on their life is completely unknown.  As an employer, there’s no way to ethically compel or entice employees to accept this risk.

There’s also no evidence to show someone who has received the experimental intervention helps anyone but themselves.  A person who receives this treatment, then has exposure to the virus, is now an asymptomatic carrier, and not masking (per these guidelines), making them far more dangerous in the workplace than before (if we assume masks have any impact at all).  If the experimental shot is truly effective, then it shouldn’t matter who wears masks and who doesn’t because the recipients of the shot are supposedly immune.  

To illustrate why these programs really will not work, look at the case of the first cruise to take place in North America since all of this has happened.  All crew and passengers were required to be fully vaccinated and have a negative test within 72hrs of departure.  Yet, 2 passengers tested positive for CV-19 while on the cruise.  This could equate to any business you can imagine, anywhere.  Basically, they fully complied and there were still people with the virus.  So what good did any of this do?  Why were they even testing if the vaccine requirements were supposedly enough?  Celebrity Millennium - Two passengers on first fully vaccinated cruise in North America test POSITIVE for Covid (the-sun.com)  

Are workers given fully informed consent when they are taking this shot?  Do they know the risks as outlined by the FDA?

Does DOLI plan to publish these risks as part of the standard when discussing vaccinated employees versus non-vaccinated employees?

How can people who have had a natural interaction with the virus and survived be discounted as being any different from someone who has received the experimental shot?  Humans have developed lifelong or nearly lifelong immunity or resistance to viruses since we have existed.  Are we now ignoring millions of years of development as a species because some new virus showed up in 2020?  Can DOLI refute this?  This article spells it out quite well: Good news: Mild COVID-19 induces lasting antibody protection – Washington University School of Medicine in St. Louis (wustl.edu)

Should people who have recovered from COVID take a vaccine? (trialsitenews.com)

Many more articles and studies like that can be found quite easily.  

As of the date of implementation of the ETS (now EPS) in VA, there were approximately 3,200 reported deaths.  VA now stands at approximately 11,400 deaths meaning that since implementation of these mitigation strategies and other statewide mandates, deaths have tripled.  Also during this time the experimental vaccines were introduced and widely implemented.  Can DOLI or anyone at VDH explain this trend sufficiently to make us think that continuing these policies is in any way a net positive for the workers and employers and citizens of VA?

There are treatments available.  They have worked and are working worldwide and in the US where brave doctors have risked their careers to save lives while being suppressed by local and state authorities and definitely censored when trying to share best practices with others in their profession on the front lines.  Anyone interested can find these credible testimonies on a variety of platforms and should be appalled and the silencing of these experts.  Dr Pierre Kory, Dr Brett Weinstein, Dr Richard Bartlett, Dr Vladimir Zelenko to name a few that should be looked at.  Knowing this, the EUA should have never been allowed to move forward, that alone should give pause to officials here in VA not wanting future lawsuits for our state to have to defend using taxpayer dollars.  While this is not the role of DOLI, it is something that should be understood and investigated because there will be legal battles coming and this discussion will emerge as part of those cases.

In summary, while safety of the workforce appears to be the underlying motivator by DOLI, data suggests safety has not and will not be improved by any measures implemented and enforced thus far.  Data also suggests that the most vulnerable population to this particular virus is largely not in the workforce.  Asking employers to now get into the business of openly discriminating against people who choose or choose not to have an experimental drug injected into their body is really a frightening prospect after a year in which we’ve been asked to enforce state rules on our own with no training or guidance, become nurses and doctors in assessing an employee’s health, taking temperatures or daily medical surveys and also trying to remain open in the face of an economic downturn caused largely by government intervention.

DOLI has not had proper public testimony from expert witnesses on any of the topics spelled out in the standard.  Myriad states in the USA have done little to no intervention and had similar or better outcomes with no negative impact on their economies or business freedoms, and those states have recovered faster and are seeing an influx of residents and businesses.  Yet DOLI and VA ignore all of this and just keep making policy.

LINK:  VDH

There are things that are not known.  We really do not know if face coverings do any good or not.  We really do not know if social distancing does any good or not.  We really do not know if constant sanitizing does any good or not.  We really do not know if asymptomatic spread is real or not.  We really do not know if assuming everyone has a virus is a good idea or not.  We really do not know if natural immunity is as effective as that obtained by the various experimental drugs available.  We really do not know if there are long term effects of these drugs.  We really do not know if there have been outbreaks prevented by the measures set out in this standard since last fall.  We really do not know far too many things to implement any policy ethically, or morally here in the commonwealth.  Given the above, I am opposed to the continuation of this standard or any regulation not supported by validated data and public, expert testimony and on the record votes by elected officials.  

CommentID: 99388
 

7/16/21  10:37 am
Commenter: Scott Miller

COVID-19 Regulations
 
Dear Members of the Safety and Health Codes Board:
 
I write to you today in regard to the proposed changes to the COVID-19 permanent workplace standard. 
 
The termination of Governor Northam’s state of emergency has created confusion in the business community due to the many conflicting sources of ongoing health regulations.  While many may look at the expiration of our state of emergency as welcome news that the pandemic is coming to an end, business owners still operate under regulations that are now outdated due to vaccinations and evolving federal guidelines.  With capacity limits and mask mandates eliminated but a strict COVID-19 standard still in place, many Virginia business owners don’t know which regulatory framework they should follow.
 
To eliminate such confusion (and burden) on businesses and their employees as they seek to recover, it makes the most sense to rescind the standard as has been done with Virginia’s state of emergency.  
 
If—and only if—it is the will of the Safety and Health Codes Board to keep a standard in place, it should mirror Center for Disease Control (CDC) guidelines so business owners need not worry about conflicting information from our state and federal governments.  The CDC has long asked us to follow the science and a less burdensome approach to COVID-19 mitigation will allow for a speedier recovery while still keeping employees safe.
 
Our businesses are committed to the safety and welfare of our customers, employees, and community.  Please help ensure a speedy economic recovery by eliminating burdensome regulations on our businesses. 
CommentID: 99389
 

7/16/21  1:30 pm
Commenter: Neil Biller

DOLI COVID Regulations
 

Dear Members of the Safety and Health Codes Board: 

I write to you today in regard to the proposed changes to the COVD permanent workplace standards. 

We do not feel that permanent regulations are necessary however if any regulations must be promulgated that they be exactly as those enacted by the United States Center for Disease Control (CDC). There are many conflicting regulations and policies concerning COVD therefore we recommend that simplicity and clarity become the standard.

 Again, we want to be clear that we do not support any permanent regulations but if they are they must be simple, clear and identical to CDC guidelines.

Thank you,

Neil Biller

CommentID: 99390
 

7/20/21  2:32 pm
Commenter: Diane Peters

Oppose Permanent Workplace Safety Standards
 

The proposed permanent standards being proposed in relation to COVID-19 unfairly affect businesses and their employees.  DOLI should issue guidelines similar to the CDC, not permanent standards.  Businesses should be allowed to set their own standards as far as k mask wearing and social distancing, but medical requirements proposed in these standards go against HIPPA.  

CommentID: 99396
 

7/20/21  3:41 pm
Commenter: Southern Management

Opposing the Permanent Workplace Safety Standards
 

Opposing the Permanent Workplace Safety Standards.

CommentID: 99397
 

7/20/21  5:46 pm
Commenter: Patrick Burton

Permanent Workplace Safety Standards
 

Workplace safety is something we all take seriously in the property management business.  We have learned over the past 18 months how to conduct business and protect our team, customers, vendors and residents alike.  We have thermometers and O2 Pulse Monitors and used them every day to determine that our team was healthy and not putting others at risk of infection.  Permanent standards for workplace safety is not what we need in our industry. Guidelines offered in conjunction with updates from the CDC is a much better option now that we have learned so much about how to operate safely during a pandemic like COVID-19.  Please establish guidelines not standards for workplace safety going forward.

CommentID: 99401
 

7/21/21  12:04 am
Commenter: Anonymous

Permanent Standard
 

Please reconsider making these standards permanent. As a business owner, I put the health and safety of my employees and patrons at the top of the list. But, as others have said, there is not across the board guidance on this. What about the newest research of natural, possible lifetime immunity? No one is making any new guidelines on such, which should be considered as a viable alternative to a vaccine. After all, the original goal was to get herd immunity for the population. Instead we get, put on a mask or you can be turned in by a peer…any government who encourages neighbors to turn on each other should look into the past and what those outcomes were and rethink it…

 

CommentID: 99402
 

7/22/21  11:52 am
Commenter: Charles Twigg, O.D.

PPE Requirements/Covid Education
 

I think that PPE should be mandated in all healthcare settings. We (Healthcare Providers) need to be setting an example for the general public. We need to be a source of reliable information to deliver on a personal basis to all who seek our professional services. 
We need to discourage the spread of Covid and its emerging variants both by example and by education of the “non-vaccers”. 
We need to be able to provide an up to the minute reliable source (written documentation) of information to encourage the “spread” of accurate information about the risks of Covid-19 and the risks and benefits of immunization.
Our close personal relationship gives us a unique platform to deliver reliable information. We need to use our unique position of trust to “move the needle” of trust in our science towards “fact” in a non-political setting. 

CommentID: 99419
 

7/23/21  6:21 am
Commenter: Anonymous

unnecessary ETSq
 

END THE ETS!   for almost two years you have preached "follow the science", well it's time you took your own advice!   These are not helpful, unnecessary and a violent overreach by the government!   End the ETS!

CommentID: 99465
 

7/23/21  6:49 am
Commenter: Joe Kouten

ETS Regs
 

ETS is placing a burden on doing business and now that the Governor has lifted the emergency, this should also be lifted.  Don;t drive small business' out of business!

 

CommentID: 99466
 

7/23/21  8:03 am
Commenter: Bill ragland

Really
 

Really. More over reach from the government.  Are you trying to make it harder to do business in Va. Stop over regulating

 

CommentID: 99467
 

7/23/21  8:31 am
Commenter: Jeff Foley

ETS is not good for small business!
 

We are trying to recover financially from the pandemic and the ETS is a bad idea! We are vaccinated and the ETS is no longer necessary.

CommentID: 99468
 

7/23/21  8:34 am
Commenter: Chuck Shifflett

Strongly oppose ETS Reg as Permanent
 

As a company we have been and will continue to make sure the safety and well being of our employees and our customers is of the highest concern. People are more aware that their actions and or in-actions as it pertains to social distance, cleanliness, etc affects others and they have mostly now set their own standards higher. The burden the ETS puts on small businesses is higher than anyone ever probably thought it would be. It makes it harder to staff, service consumers, handle deliveries both in and out of the company, as well at the same time minimizing the profits of the company due to the costs involved all the way around. The ETS needs to be ended.

CommentID: 99469
 

7/23/21  8:42 am
Commenter: Alice Coleman

oppose ETS
 

This restriction places an undo burden on small business. Please do not support this. We have already suffered enough.  We already comply with CDC guidelines. Please do not place additional restrictions on us. We have been financially impacted enough.

CommentID: 99470
 

7/23/21  9:43 am
Commenter: Anonymous

Oppose ETS!!!
 

Our Governor has lifted the state of emergency; the ETS should be lifted as well. 

We should only be required to follow CDC guidelines.

At this stage of the pandemic, ETS place an unnecessary burden on my small business as I try to recover financially from the COVID-19 pandemic. I am already complying with CDC guidelines, and additional restrictions and burdens on me will further hinder my financial recovery process.

CommentID: 99471
 

7/23/21  9:47 am
Commenter: KK

Strongly oppose ETS and those who support it.
 

Permanent ETS standards will NOT be tolerated.  Will fight back with those supporting this government overreach.

CommentID: 99472
 

7/23/21  10:04 am
Commenter: old dominion tire services inc.

ets mandate
 

i have a tire company located in Chesterfield County all of my team have had the vacation for COVID 19 . We don't need to be regulated by the government . i stand in opposition of this regulation.

 

 

 

CommentID: 99473
 

7/23/21  10:59 am
Commenter: George Reynolds

Can small businesses please get a break?
 

The title says it all. We're dying over here. Please don't make things even more difficult. 

Do not make the ETS permanent. We're following CDC guidelines which should be sufficient. 

CommentID: 99474
 

7/23/21  12:50 pm
Commenter: Bob

oppose
 

We already have done everything asked of us, lets follow cdc guidelines, do not make this permanent, it holds businesses down.

CommentID: 99475
 

7/23/21  12:56 pm
Commenter: Dean C. Rodgers

Time to Treat People Like Adults
 

There is adequate information exposure on the risks of covid.

There are successful treatments available to covid patients.

There is a FREE vaccine available to anyone who wants it.

It is time to allow adults to make decisions for themselvels and their children.

The government no longer has a role to play in this individual health care decision.

Businesses do not need government help in managing their employees in this matter.

End DOLI's involvement in it.  Please.

CommentID: 99476
 

7/23/21  2:08 pm
Commenter: Ryan Hailey

stop the madness
 

its time to stop worrying about a cloth face covering that is soaking up all the diseases and bringing them home or into your vehicles making you more sick then coving your face all day and making it hard to breathe

CommentID: 99477
 

7/23/21  3:13 pm
Commenter: Anonymous

No to further mandates!!!!
 

Our Governor has lifted the state of emergency as it expired. The ETS should also be lifted. We should be required to only follow the CDC guidelines. The ETS is no longer necessary as very few people are hospitalized. At this stage of the pandemic, ETS place an unnecessary and a burden on my small business as I try to recover financially from the COVID-19 pandemic. I am already complying with CDC guidelines, and additional restrictions and burdens on me will further hinder my financial recovery process. 

CommentID: 99478
 

7/23/21  4:06 pm
Commenter: Suzette Babcock

Childcare Center Owner
 

1) I would like to see ALL agencies get on the SAME PAGE!  CDC says vaccinated individuals don't need to wear a mask, but DOLI says we do.  Too many agencies giving us contradicting guidance.   (CDC, VDH, DSS, DOE, DOLI, and any local regulating entity)

2) No masks for vaccinated individuals. 

3) Allow business to make some individual common sense decisions.  A 200+ student childcare center in the city is far different than a 40 student rural childcare center.

CommentID: 99479
 

7/23/21  4:14 pm
Commenter: Judy Miller

Stop The Mask Wearing NOW!
 

This is Pure stupidity! Do YOU know the best action for Covid? FRESH AIR. and instead you quarantined people. Masks are not needed anymore. If people want them. Ok. But don’t force them. THE END. 

CommentID: 99480
 

7/23/21  4:43 pm
Commenter: Childcare worker

No masks
 

Requiring everyone to wear a mask did not stop us from being closed for quarantine for 2 weeks losing pay. Requiring  a mask for vaccinated people makes it seems as if vaccination doesn’t work. Stop killing businesses. 

CommentID: 99481
 

7/23/21  5:25 pm
Commenter: Anonymous

Strongly oppose
 

Businesses in Virginia have suffered enough by the way our Governor and other officials have handled this pandemic, not to mention the recent statistics showing our state ranks 41st in returning jobs affected by the pandemic so far this year.

Enough is enough !!!

CommentID: 99482
 

7/23/21  5:32 pm
Commenter: Javier

There is no more “EMERGENCY”!!
 

The jab was for emergency use and still NOT FDA APPROVE why is the Government pushing so hard!! I will defend THE CONSTITUTION from foreign and domestic.

CommentID: 99483
 

7/23/21  5:52 pm
Commenter: Nancy J Thomas

STRJGLY OPPOSED
 

There has never been a problem. The media falsely led and fed lies and inflated the numbers which made people scared. Continuing down this path you are sealing your fate and God will have all those involved to answer for this. Thank you for letting me comment. 

CommentID: 99484
 

7/23/21  5:56 pm
Commenter: Anonymous

Objection
 

This is crazy! Please do your research. Please present both sides of this issue to the public,  and let the people decide for themselves if they prefer to mask & social distance. Crippling small businesses and mandating mask wearing is offensive and debilitating economically and physically. 

CommentID: 99485
 

7/23/21  6:02 pm
Commenter: Mag. W.

Strongly against!!!
 

No way!  What has happened to individual rights?l 

CommentID: 99486
 

7/23/21  6:03 pm
Commenter: Dalila Adams

Stongly oppose
 

Another way to control others and take away freedim.  No trust in CDC, FDA, Biden or government now. 

ivermectin and hcq with zinc and antibiotics works. People died unnecessarily from censorship and de ual of these simple methods.  Disgusting. also Trump won and you know it

 

 

 

CommentID: 99487
 

7/23/21  6:16 pm
Commenter: David

You know damn well those masks do nothing. It says right on the box you buy - it does nothing.
 

It is time for you folks to be removed from office. Your agenda is not the agenda of the American people you are supposed to be representing. You know full well those masks do NOTHING. It says right on the box - does not protect from viruses or covid specifically on some. So why? Do you think we do not know what you are doing? The American people are waking up and becoming aware of your agenda. You best knock it off or your time in office will be short - the people of Virginia have had enough.

CommentID: 99488