Virginia enacts standards to protect workers from COVID-19 exposure

Virginia has become the first state in the nation to enact mandatory workplace safety rules to prevent the spread of COVID-19. The emergency temporary standard (ETS) for infectious disease prevention took effect on July 27, 2020. The new standard covers most private employers in Virginia as well as all state and local employees and will be enforced by Virginia Occupational Safety and Health (VOSH). Employers that fail to comply with the new rules face fines of up to $13,494 for a “serious” violation and up to $134,937 for a “repeat” or “willful” violation.

Scope and approach of new rules

The new standard mandates that workers be provided with personal protective equipment (PPE) and sets parameters for businesses to sanitize their worksites, enforce social-distancing protocols, and in some cases implement infectious disease preparedness and response plans.

"Workers should not have to sacrifice their health and safety to earn a living, especially during an ongoing global pandemic," Governor Ralph Northam said. "In the face of federal inaction, Virginia has stepped up to protect workers from COVID-19, creating the nation's first enforceable workplace safety requirements. Keeping Virginians safe at work is not only a critical part of stopping the spread of this virus, it's key to our economic recovery and it's the right thing to do."

The ETS takes a layered approach to employee protection depending on each job’s exposure risk level and includes: