How Virginia's new COVID-19 rules affect your workplace

The nature of the COVID-19 pandemic continues to change, with the so-called fourth wave straining healthcare systems in many communities. Recognizing the changing nature of the pandemic, Virginia's Department of Labor and Industry (DOLI) has imposed new COVID-19 workplace requirements that affect all employers within the Commonwealth. Building on its existing standard for infectious disease prevention, first put into action in January 2021, the Virginia Safety and Health Codes Board issued amendments to the standard, which Governor Ralph Northam approved and which became effective in September 2021.

New requirements

In some ways, the new COVID-19 requirements have simplified the safety measures you must follow by establishing one set of rules applicable to all workplaces, with expanded requirements only for healthcare facilities and those deemed to be "higher risk" workplaces. And the amendments make clear that by following current guidance and recommendations from the Centers for Disease Controland Prevention (CDC), you will be considered as acting in compliance with the Virginia standard. In addition to simplifying some previous safety requirements for Virginia employers, the amended standard does impose some important new requirements you need to follow.

Masking. The amended standard takes into account the more contagious nature of the delta variant by requiring every employer located in CDC-designated areas of substantial or high community transmission to have all employees (whether vaccinated or not) wear face masks. The only exceptions allowed are when: