As discussed in our blog “Virginia Takes the Lead in Adopting Workplace Safety Regulations for COVID-19,” in July 2020, Virginia became the first state to enact a temporary COVID-19 emergency workplace rule set to expire on January 27, 2021. The Virginia Safety and Health Codes Board approved a permanent rule on January 13, 2021, that will essentially make the temporary rule permanent, with some changes. The permanent rule must be reviewed by Governor Northam and, if no revisions are requested (or if no action is taken within 30 days), will become effective when published in a Richmond newspaper.

The permanent rule continues to classify jobs based upon exposure risk (very high, high, medium and low risk) and continues to require employers to create a workplace infection protection program and train workers on how to comply. It also requires social distancing, office cleaning and wearing of face coverings.

Employers with high-risk jobs like hospital nurses will have to meet stricter requirements including mandates for ventilation systems. New to the list of high-risk jobs are prison guards.

The permanent rule contains several changes to make the rule consistent with the policies of the Virginia Department of Health and the federal Centers for Disease Control and Prevention. During a declaration of emergency by the governor, employers must contact the state within 24 hours of receiving notice of at least two or more confirmed cases of COVID-19 in the workplace and must report all subsequent COVID cases until the local health department has closed the outbreak. Symptomatic employees cannot return to work until 1) they are fever free for at least 24 hours without fever-reducing medicine; 2) respiratory symptoms have improved; and 3) at least 10 days have passed since symptoms first appeared. However, the rule states, without providing clarification, that a limited number of employees with severe illness may warrant extending the isolation for up to 20 days after symptom onset and immunocompromised employees may require COVID-19 testing to determine if they can return to work and should consider consulting an infection control expert.

Virginia employers should review the new workplace coronavirus rule and ensure that their workplaces are compliant. 

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