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.