Virginia enacts permanent COVID-19 workplace standard

Last summer, Virginia became the first state in the nation to adopt mandatory workplace safety rules to prevent the spread of COVID-19 by approving an emergency temporary standard (ETS) for infectious disease prevention. Recently, the state adopted a permanent standard covering most private employers in the Commonwealth as well as state agencies and local governments. The permanent standard mandates appropriate personal protective equipment (PPE), sanitation, social distancing, infectious disease preparedness and response plans, record keeping, training, and hazard communications protocols. It aligns closely with the ETS and is intended to slow the transmission of COVID-19 and protect Virginia workers as the outbreak drags on. The workplace safety requirements will remain in place throughout the pandemic.

New requirements

Although the permanent standard basically adopts the ETS requirements, you should be aware of the following notable exceptions:

Return to work. You may no longer require a negative COVID-19 test as a condition of a symptomatic employee returning to work, as previously allowed under the ETS. Instead, employees may physically return to work after (1) they’re fever-free for at least 24 hours, (2) respiratory symptoms have improved, and (3) at least 10 days have passed since symptoms first appeared.