Virginia Employers Now Subject to COVID-19 Workplace Requirements

Earlier this month, the Virginia Department of Labor and Industry (DOLI) adopted an Emergency Temporary Standard for Infectious Disease Prevention in response to the ongoing pandemic. This Emergency Temporary Standard (ETS), which became effective on July 27 and applies to all Virginia employers, outlines a comprehensive set of requirements for employers to "control, prevent, and mitigate" the spread of COVID-19 among employees. Virginia is the first state in the nation to mandate such a comprehensive set of workplace requirements.

Regardless of perceived risk level, all Virginia employers must implement new measures to protect employees who are returning to the workplace from exposure to COVID-19. These rules do not apply to employees who continue to telework. The measures include:

• Classify all job tasks in the workplace according to potential risk level of exposure using the categories "very high", "high", "medium", and "lower" risk
• Avoid using antibody testing to make decisions about employees returning to work
• Implement policies and procedures for employees to report when they are experiencing COVID-19-like symptoms
• Prevent employees suspected to be infected with the COVID-19 virus from reporting to the workplace
• Ensure that all sick leave policies are as flexible as possible and consistent with leave allowed by the FFCRA
• Notify all employees of a positive COVID-19 case in the workplace within 24 hours of discovery
• Notify the VA Department of Health within 24 hours of discovery of a single positive case in the workplace and the VA DOLI within 24 hours of 3 or more positive cases in the workplace within a 14-day period
• Create and implement policies and procedures for employees to return to work using a symptom-based or test-based strategy
• Ensure that employees maintain social distancing in the workplace
• Close off access to communal areas, such as breakrooms and lunchrooms
• Provide PPE to employees and disinfect the workplace according to Virginia Occupational Safety and Health (VOSH) industry standards

There are additional requirements for employers with job tasks classified as "very high", "high", or "medium" exposure risks, including checking air-handling systems and implementing various administrative and work practice measures. These employers must also train employees on COVID-19 prevention within 30 days and develop and train employees on a written Infectious Disease Preparedness and Response Plan within 60 days.

Lower risk locations must provide basic information to employees. Lower Risk Training information is available on the VOSH website.

The VA DOLI has created a resource page with materials to help employers comply with these measures, including:

• An Employer Guide that outlines the first nine steps employers should take to achieve compliance with the ETS.
• A detailed Training Presentation on the full requirements of the ETS and deadlines for complying with those requirements.

In addition, the DOLI is providing free, On-Site Consultation Services by request to help employers comply with the ETS. Priority will be given to higher-risk workplaces that employ 250 or fewer employees.

The ETS is set to expire within 6 months of its effective date, when the Governor's State of Emergency expires, when the ETS is replaced by a permanent standard, or when it is repealed by the VA Safety and Health Codes Board, whichever occurs first. The Board has expressed that it will likely adopt permanent standards for the state before the ETS expires.

For further assistance, please contact the Virginia DOLI regarding the ETS, and your OneDigital account team regarding FFCRA compliance.

Wendy Bryant

Client Executive

OneDigital | Health and Benefits

office: 804-521-6680

cell: 804-720-2700

9954 Mayland Drive, Suite 2200, Richmond, VA 23233

wbryant@onedigital.com