Virginia Implements Nation’s First COVID-19 Workplace Safety Standards

In what appears to be an emerging trend, state authorized Occupational Safety and Health agencies are in the process of issuing workplace regulations designed to help prevent the spread of the COVID-19 virus. Virginia has now enacted an “emergency temporary standard” (ETS) and it became effective on July 27, 2020.

The ETS will be enforced by Virginia Department of Labor and Industry (DOLI). The requirements in the rule are based on the guidance and recommendations issued by CDC and federal OSHA. However, the Virginia rule now requires all employers regulated by DOLI to develop, implement, and enforce COVID-19 prevention and mitigation measures.

The ETS requires printing operations to conduct a COVID-19 risk assessment for each of its employees at the individual task level. There are four risk groups or classifications of low, medium, high, and very high. The classification will depend on the degree to which each workplace task may expose employees to COVID-19. Required protective measures must be put in place based on the risk level determination.

Some of the key requirements that must be followed under the new standard include:
• Classify employees by risk level based on workplace hazards and job tasks.
• Require workers to maintain social distancing.
• Require workers in customer-facing positions where social distancing is not possible to wear face coverings.
• Provide materials and supplies allowing for frequent hand washing or sanitizing for employees.
• Regularly clean high-contact surfaces.
• Implement a system for self-assessment and screening for signs and symptoms of COVID-19.
• Implement procedures that will prevent sick employees and other outside individuals from infecting healthy workers.
• Close or control access to common areas, breakrooms, and lunchrooms.

Employees known or suspected to be positive for COVID-19 are to be barred from returning to work for ten days, or until they receive negative results from two consecutive COVID-19 tests. Employers will be required to notify all employees in the same place of employment when another employee tests positive for COVID-19 within 24 hours of the employer being notified. In addition, the Department of Health will have to be notified within 24 hours. The DOLI must be notified if three or more workers test positive for the virus within a 14-day period.

Fines for violations could range from $13,000 to $130,000 and are set to increase for repeat offenders.

The ETS is set to expire in six months on January 27, 2021 unless it is extended or made permanent. The DOLI has indicated it wants to pursue a permanent regulation and the Government Affairs and Human Resources team will be monitoring and providing input into the rule as it is developed.

PRINTING United Alliance has prepared a detailed fact sheet that provides additional information on what needs to be implemented under the new ETS regulation. In addition, the DOLI has prepared materials explaining the rule, support documents, and employee training information that can be used to meet many of the requirements.

For more information, please contact the Government Affairs Department at please contact govtaffairs@printing.org
}