Final Standard for Infectious Disease Prevention: SARS-CoV-2 Virus that Causes COVID-19, 16 VAC25-220 Under Review by the Governor

On January 13, 2021, the Safety and Health Codes Board adopted a Final Permanent Standard  for Infectious Disease Prevention: SARS-CoV-2 Virus that Causes COVID-19, 16 VAC25-220:

*New* Final Standard for Infectious Disease Prevention of COVID-19, 16VAC25-220, 1.15.2021

PLEASE NOTE THAT BEFORE THE STANDARD CAN BECOME EFFECTIVE, IT HAS TO UNDERGO A REVIEW BY THE GOVERNOR in accordance with the language in 16VAC25-220-20.A of the standard which states:

1. This standard shall take effect upon review by the Governor, and if no revisions are requested, filing with the Registrar of Regulations and publication in a newspaper of general circulation published in the City of Richmond, Virginia.

2. If the Governor’s review results in one or more requested revisions to the standard, the Safety and Health Codes Board shall reconvene to approve, amend, or reject the requested revisions.

3. If the Safety and Health Codes Board approves the requested revisions to the standard as submitted, the standard shall take effect upon filing with the Registrar of Regulations and publication in a newspaper of general circulation published in the City of Richmond, Virginia.

4. Should the Governor fail to review the standard under A1 of this section within thirty days of its approval by the Safety and Health Codes Board, the Board will not need to reconvene to take further action, and the standard shall take effect upon filing with the Registrar of Regulations and publication in a newspaper of general circulation published in the City of Richmond, Virginia.

Please note, everything appearing on this webpage below this point is historical in nature with the exception of the tentative meeting scheduled for January 19, 2021. This meeting will take place if the Board needs to reconvene to consider any requested revisions from the Governor in accordance with the language cited above from 16 VAC25-220A.

Meetings

The Safety and Health Codes Board will hold an electronic board meeting regarding the Draft Final Standard for Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19, 16 VAC25-220 on January 12th.  The meeting will be continued on January 13th, and 19th, 2021, if needed. The information regarding how to witness each of these meetings is posted below.

The documents to be considered during the meeting(s) are as follows:

*New* DRAFT Final Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (01-04-2021)

*New* Briefing Package for Final Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19, 16VAC25-220

*New* DRAFT Combined Board Amendments, Final Standard for Infectious Disease Prevention, COVID-19, 1.10.2021

*New* Combined Townhall, Direct to DOLI, and Oral Comments with Department Response 1.10.2021 

*New* VOSH Responses to Public Commenters to Proposed Standard by Issue Raised DRAFT 1.10.2021

*New* Economic Impact Analysis (EIA)

*New* Department Addendum to Economic Impact Analysis (EIA)

Safety and Health Codes Board Meeting: January 12, 2021: 
Meeting Notice and Link to Electronic Meeting 
*New* Recording of Public Hearing held January 12, 2021

Oral public comment will be received during the initial meeting on January 12, 2021 from those persons who have submitted an email to Princy.Doss@doli.virginia.gov no later than 5:00 PM on January 8, 2021 indicating that they wish to offer oral comment.

Safety and Health Codes Board Meeting: January 13, 2021:   
Meeting Notice and Link to Electronic Meeting
*New* Recording of Public Hearing held January 13, 2021

Safety and Health Codes Board Meeting: January 19, 2021 – Tentative
Meeting Notice and Link to Electronic Meeting
This meeting will be held only if there are proposed changes from the Administration to the Standard, 16VAC25-220: Infectious Disease Prevention: SARS-CoV2 Virus That Causes COVID-19 that the Board adopted on January 13, 2021.

Comment Forum

The Department solicited comments regarding the revised proposed permanent standard that was posted on December 10, 2020. See: Revised Proposed Permanent Standard for Infectious Disease Prevention (Revised 12/10/2020) – SARS-CoV-2 Virus That Causes COVID-19  To review the comments received, please see the comment forum here. The forum was open from December 10, 2020 to January 9, 2021.

You may also submit written comments directly to the Department until January 9, 2021. Please email your comments to princy.doss@doli.virginia.gov. These comments appear below under the heading “Public Comments Regarding Revised Proposed Permanent Standard (Revised 12/10/2020) Sent Directly to DOLI.”

Public Comments Regarding Revised Proposed Permanent Standard (Revised 12/10/2020) Sent Directly to DOLI

Sam Revenson – Public Comment to Revised Proposed Permanent Standard – 12.30.20
Shenandoah Valley Organic –  Public Comment to Revised Proposed Permanent Standard – 12.31.20
Buckingham Branch Railroad –  Public Comment to Revised Proposed Permanent Standard – 01.05.21
Virginia Farm Bureau Federation –  Public Comment to Revised Proposed Permanent Standard – 01.06.21
Virginia Poultry Federation –  Public Comment to Revised Proposed Permanent Standard – 01.07.21
Virginia Wineries Association –  Public Comment to Revised Proposed Permanent Standard – 01.08.21
American Federation of Teachers Virginia –  Public Comment to Revised Proposed Permanent Standard – 01.08.21
SEIU VA 512 –  Public Comment to Revised Proposed Permanent Standard – 01.08.21
Virginia Business Coalition – Public Comment to Revised Proposed Permanent Standard – 01.08.21
American Federation of State, County and Municipal Employees – Public Comment to Revised Proposed Permanent Standard – 01.08.21
Virginia Restaurant Lodging Travel Association –  Public Comment to Revised Proposed Permanent Standard – 01.08.21
National Federation of Independent Business –  Public Comment to Revised Proposed Permanent Standard – 01.08.21
Virginia Trucking Association COVID-19 –  Public Comment to Revised Proposed Permanent Standard – 01.08.21
Virginia Manufacturers Association –  Public Comment to Revised Proposed Permanent Standard – 01.08.21
Virginia Agribusiness Council –  Public Comment to Revised Proposed Permanent Standard – 01.08.21
Richmond Area Municipal Contractors Association –  Public Comment to Revised Proposed Permanent Standard – 01.09.21
Precast Concrete Association of Virginia –  Public Comment to Revised Proposed Permanent Standard – 01.09.21
Leading Edge –  Public Comment to Revised Proposed Permanent Standard – 01.09.21
Dan Hurley- City of Chesapeake –  Public Comment to Revised Proposed Permanent Standard – 01.09.21
Communications Workers of America –  Public Comment to Revised Proposed Permanent Standard – 01.09.21

Public Hearing

The Board held a public hearing to receive comments from the public regarding the adoption of the revised proposed permanent standard on January 5, 2021. Information regarding the public hearing can be found here Public Hearing Townhall Notice

*New* Recording of Public Hearing held January 5, 2021

Regulatory History of the Emergency Temporary Standard and the Proposed Permanent Standard

On July 15, 2020, in accordance with Executive Order 63, Order of Public Health Emergency Five, Requirement to Wear Face Covering While Inside Buildings, the Safety and Health Codes Board (Board) adopted an Emergency Temporary Standard (ETS) for Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19, 16VAC25-220.

The Board adopted the ETS under Va. Code §40.1-22(6a). The ETS became effective on July 27, 2020, when the ETS was published in full in the Richmond Times Dispatch. The ETS’ publication in the Richmond Times Dispatch also constituted notice the Board intended to adopt a permanent standard within 6 months, with an effective date no later than January 27, 2021.

On July 27, 2020 the Department published a draft of the proposed permanent standard for Infectious Disease Prevention:SARS-Cov-2 Virus That Causes COVID-19, 16 VAC25-220. This draft of the proposed permanent standard can be viewed here: Original Draft of Proposed Permanent Standard

The Department solicited public comments regarding this original draft of the Proposed Permanent Standard by opening up a comment forum on the Virginia Regulatory Townhall website. The comment forum was open from July 27, 2020 to September 25, 2020. The Department received 993 comments. To view the comments received on townhall, see here.

In addition, some members of the public sent their comments directly to the Department. These comments appear in full at the bottom of this webpage under the heading “Public Comments Regarding Original Draft of Proposed Permanent Standard”

As required by Virginia Code §40.1-22(6a) the Board held a public hearing on September 30, 2020. Notice was be given by publication in the Richmond Times Dispatch as well as posting a notice of hearing on Virginia Regulatory Townhall.

You can listen to the September 30, 2020 public hearing here. Recording of Safety and Health Code Board Public Hearing on Proposed Permanent Standard for COVID-19, 16VAC25-220

On November 12, 2020, the Board held a regular board meeting. During that meeting, the Department gave a presentation on the comments received from the public and the department’s response on the Proposed Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes COVID.

To listen to that presentation please see: Recording of November 12, 2020 SHCB Regular Electronic Board Meeting

The documents upon which the presentation was based can be viewed below:

16VAC25-220 – Combined Townhall, DOLI, Comments With Response

VOSH Responses Commenters by Issue