Virginia Safety and Health Codes Board adoption of COVID-19 Emergency Temporary Standard/Emergency Regulation

NEW! This page has been updated since the emergency board meeting that took place on June 26, 2020, and since the continued emergency board meeting that took place on June 29, 2020.

On May 26, 2020, Governor Ralph Northam issued Executive Order 63 which provides in section E:

E. Department of Labor and Industry

Except for paragraph B above, this Order does not apply to employees, employers, subcontractors, or other independent contractors in the workplace. The Commissioner of the Virginia Department of Labor and Industry shall promulgate emergency regulations and standards to control, prevent, and mitigate the spread of COVID-19 in the workplace. The regulations and standards adopted in accordance with §§ 40.1-22(6a) or 2.2-4011 of the Code of Virginia shall apply to every employer, employee, and place of employment within the jurisdiction of the Virginia Occupational Safety and Health program as described in 16 Va. Admin. Code § 25-60-20 and Va. Admin. Code § 25-60-30. These regulations and standards must address personal protective equipment, respiratory protective equipment, and sanitation, access to employee exposure and medical records and hazard communication. Further, these regulations and standards may not conflict with requirements and guidelines applicable to businesses set out and incorporated into Amended Executive Order 61 and Amended Order of Public Health Emergency Three.

On June 24, 2020, the Safety and Health Codes Board held an emergency meeting.

In accordance with Executive Order 63, the Department  presented to the Safety and Health Codes Board an emergency temporary standard/emergency regulation to address COVID-19, applicable to all employers and employees covered by Virginia Occupational Safety and Health (VOSH) program jurisdiction.

A notice for the June 24 2020 electronic emergency meeting of the Board was posted on the Virginia Regulatory Townhall.  A briefing package and draft regulatory text was also posted on Townhall.

The June 24, 2020 emergency meeting notice provided a ten day written comment period that began on June 12, 2020 and ended on June 22, 2020. https://townhall.virginia.gov/L/comments.cfm?GeneralNoticeid=1118

The June 24, 2020 Emergency Safety and Health Codes Board meeting adjourned at approximately 4:45 pm on June 24, 2020. The Safety and Health Codes Board voted to adopt an Emergency Temporary Standard under Va. Code §40.1-22(6a). The June 24, 2020 Emergency Safety and Health Codes Board meeting will be continued on June 29, 2020.

A notice for the June 29, 2020 Continued electronic emergency meeting of the Board was posted here on the Virginia Regulatory Town Hall. All the documents that the Board will consider were posted on Townhall as well as available here  Safety and Health Codes Board Electronic Emergency Meeting. 

The June 29, 2020 continued emergency meeting adjourned around 5:00pm on June 29, 2020. The Safety and Health Codes Board was unable to complete the process of adopting a final version of the Temporary Emergency Standard under Va. Code §40.1-22(6a) and the meeting was continued until July 7. 2020.

A notice for the July 7, 2020 Continued electronic emergency meeting is posted here on the Virginia Regulatory Townhall. All the documents that the Board will consider are posted on Townhall as well as available here Safety and Health Codes Board Electronic Emergency Meeting.

The July 7, 2020 continued emergency meeting adjourned around 5:00pm on July 7, 2020. The Safety and Health Codes Board was unable to complete the process of adopting a final version of the Temporary Emergency Standard under Va. Code §40.1-22(6a) and the meeting was continued until July 15, 2020.

A notice for the July 15, 2020 Continued electronic emergency meeting is posted here on the Virginia Regulatory Townhall. All the documents that the Board will consider are posted on Townhall as well as available here Safety and Health Codes Board Electronic Emergency Meeting.