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