Client Alert: Virginia Withdraws COVID-19 Workplace Safety Rules
Date: March 24, 2022
Employers and employees have been battling COVID-19 in the workplace for more than two years. In an effort to ensure a safe workplace, the Virginia Department of Labor and Industry’s (DOLI) Safety and Health Codes Board (the “Board”) enacted workplace safety rules called Emergency Temporary Standard (the “ETS”), which required Virginia employers to take certain actions to mitigate the spread of COVID-19 infections in the workplace. Those standards were replaced by a permanent Standard for Infectious Disease Prevention and subsequent amendments (the “Permanent Standard”).
On March 21, 2022, the Board adopted the final revocation of the Virginia Permanent Standard. The revocation will be effective March 23, 2022.
The DOLI will publish a Guidance Document on COVID-19 in the Virginia Register on March 28, 2022, for a 30-day comment period ending April 27, 2022. Even if the Guidance Document later changes as a result of the public comment period, employers can rely upon the draft Guidance document in the interim.
While the permanent Standards have been withdrawn and the pandemic continues, employers should continue to prioritize ensuring a safe workplace for all employees. For more information or questions, please contact Betsy Davis or a member of our Labor & Employment Practice.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.