Submitted Electronically

 

Jay Withrow, Director

Virginia Department of Labor and Industry

600 E. Main Street, Suite 207

Richmond, Virginia 23219

jay.withrow@doli.virginia.gov

 

RE: Comments Regarding Department of Labor and Industry Permanent Standard for Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19. 16VAC25-220

 

Dear Director Withrow:

 

The Virginia Forest Products Association ("VFPA") appreciates the opportunity to comment on the Virginia Department of Labor and Industry's Permanent Standard for Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19, 16 VAC 25-220 (collectively, the "Regulations"). The VFPA has previously commented on the Emergency Temporary Standard; we urge you once again to align any standard with CDC and OSHA guidance, and not exceed that guidance.  We remain opposed to the permanent regulation that has adopted a rigid standard for a constantly evolving pandemic.

 

CDC and OSHA have provided practical, science-based guidance that are suitable to low risk work environments like ours.  Specifically, VFPA respectfully requests that:

 

Original agency language providing "safe harbor" for employers who follow CDC and OSHA guidance be included in any revision of the permanent standard;

 

Any language regarding "Return to Work" mirror the latest CDC Guidance on time-based return-to-work.  Again, this regulation should be consistent in all ways with CDC medical guidance;

 

Language in Section 40F regarding "N95 filtering face piece respirator" be stricken.  As the pandemic evolves, the availability of these masks may again become scarce and be distributed first to healthcare workers. The language of this section states that in ride sharing scenarios, employees "shall be" provided with these masks, with no language that protects employers if the supply of these respirators becomes limited and they are not available to non-healthcare workers; and

 

All of the language in Section 90 regarding discrimination against employees who raise concerns to the public through social media be stricken.  There is no other similar protection we are aware of for employees to distribute potentially damaging and unfounded information against an employer with impunity.  

 

In closing, we would like to reiterate our opposition to a permanent Virginia regulation for COVID-19.  Our opposition from the outset to this regulation was rooted in its static nature; the virus is now mutating to the Delta variant and the science is changing daily.   The regulatory process simply cannot move fast enough to adapt, particularly in regard to masking policies.  Virginia's employers and employees would be better served by adhering to uniform guidance from CDC and OSHA that changes as appropriate with science and is independent of the Board.   Thank you for this opportunity to comment.

 

Sincerely,

 

 

Don Bright

President, Virginia Forest Products Association