The Legal Aid Justice Center (LAJC) strongly supports DOLI’s proposed emergency standards, which will provide vital workplace health and safety protections for Virginia workers during the COVID-19 pandemic.
Why We Need the Proposed Rule: An Emblematic Case
One of LAJC’s recent cases shows precisely why these regulations are needed:
On May 29, LAJC helped a worker file a COVID-19-related VOSH complaint against an employer. At least four workers had already contracted COVID-19, including the complainant, but the company refused to do anything to prevent further spread. Within minutes of receiving the worker’s complaint, a VOSH regional director responded by email saying that because there was “no Virginia law, standard, or regulation specifically designed to address the COVID-19 virus,” VOSH did not consider it appropriate to do workplace inspections in response to these kinds of complaints.
The above example underscores the urgent need for the Safety and Health Codes Board to approve the standard now. In so doing, DOLI and VOSH can implement the enforceable standard and hold employers accountable for the ongoing health and safety of employees during an unprecedented public health crisis.
LAJC Supports Much of the Proposed Rule
LAJC strongly supports much of the Proposed Rule. In particular, LAJC appreciates that the Proposed Rule creates mandatory and enforceable requirements to protect worker health; requires health and safety plans for high- and medium-risk workplaces; and protects workers against retaliation. We appreciate all of the hard work and effort that went into crafting this Proposed Rule on an emergency basis, and we urge its swift adoption as soon as possible.
LAJC is Concerned that Employers Can Attempt to Evade the Proposed Rule’s Purportedly “Mandatory” Requirements.
While LAJC supports much of the Proposed Rule, we are nonetheless concerned that the Rule as written could leave some employees vulnerable and unprotected. Specifically:
Other LAJC Comments on the Proposed Rule
Conclusion
We strongly support the Proposed Rule. Thank you for considering LAJC’s comments on the matter, and we urge you to adopt the Proposed Rule as soon as possible after addressing the comments and proposals made in this letter.
With best regards,
Jason Yarashes, Lead Attorney & Program Coordinator, Legal Aid Justice Center
Nicholas Marritz, Attorney, Legal Aid Justice Center