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Arriving at the end of the summer months, the threat of the coronavirus is the worst it has ever been for the US. And to think, we thought this country had it bad in March and April.
Given the unrest in Washington, DC, there is not much clarity regarding the protection of congressional coronavirus workers. For example, as mentioned in an earlier article a few months ago, federal law is silent on safety standards regarding the coronavirus in the workplace.
The Administrative Safety and Health Administration (OSHA) has released some guidance on preparing the workplace for the coronavirus and how to deal with employees returning to work. But these do not have the power of law because they are guidelines, not rules or regulations.
Realizing that any regulatory assistance from Washington, DC will be minimal, unreliable, or both, Virginia has taken the first major step in protecting its workers by implementing occupational safety standards specifically tailored to the coronavirus threat.
Officially named, “§16 VAC 25-220, Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV – 2 Virus That COVID – 19”, the Virginia Board of Safety and Health Codes adopted these temporary rules on July 15, 2020. The following is an overview of the legal rights and protections offered by this new law.
Virginia’s new workplace safety standards for employers
These new safety requirements are based on the risk of an employee being exposed to the coronavirus while on the job. There are four different levels of risk:
- Very high: This is a situation where employees have a high potential for exposure to known or suspected coronavirus sources, with employees directly exposed to the known or suspected coronavirus source. Examples include treating coronavirus blood samples as exposure to aerosol-generating procedures (such as attracting a coronavirus patient to cough).
- High: Employees have a high potential for exposure within six meters of the known and suspected source of the coronavirus. However, the nature of possible exposure poses a lower risk of infection than in a very high exposure risk setting. A high-risk exposure workplace may include a healthcare professional who works with a patient as a client who may become infected, but not in a way that exposes that healthcare professional to the patient’s body fluids.
- Medium: In a medium risk occupation setting, an employee will have more than a minimum level of contact within six meters of other people. However, this contact will not be with individuals who are known to be suspected of having a coronavirus infection. The typical worker in a restaurant, shop or movie theater would be in an environmental risk setting.
- Doctors: This exposure risk refers to work settings where employees do not have to be within six meters of someone known, suspected or may have an infection.
The risk level for exposure of a workplace will determine what the employer must legally do to protect their employees.
For high- and high-risk work environments, employers must perform proper technical controls, including appropriate air handling systems, use of air-conditioning isolation rooms, where they are known or suspected to be infected patients, and aerosol generation and installation procedures. of physical barriers.
Controls for administrative and work practices must also be implemented. Some of these may include screening incoming employees for coronavirus symptoms and giving employees the option to telecommute.
Personal protective equipment (PPE) is likely to be required as well. However, the employer must complete an assessment of the workplace to determine the type of equipment needed and what employees they should wear.
Employers will also need to develop a contingency and response plan for infectious diseases.
In middle-risk work settings, employers must ensure that the air-conditioning systems work properly and meet most commercial and residential requirements for HVAC.
For the most part, the controls for administrative and work practice will be the same for an environment for environmental risk, as for a workplace with high and high risk. As far as PPE is concerned, the employer must assess the place of employment and determine which PPE is needed and which employees should use the PPE.
Employers with middle-risk workplaces only need to have an infectious disease preparation and response plan if they have 11 or more employees.
Compulsory training that meets certain minimum standards will be required of employers with intermediate, high and very high settings for exposure to coronavirus. The training will focus on the recognition of coronavirus dangers, as well as symptoms of infection. Employees will also need to be trained on how to reduce these dangers to coronavirus.
Regardless of the levels of exposure risk for employees, all employers must:
- Assess the workplace and decide which of the four risk levels is applicable.
- Educate their employees about possible signs of infection or what to do if they think they are exposed to the coronavirus.
- Make a plan for what to do if an employee reports that they may have a coronavirus infection.
- Have a policy that sets out when and how a known or suspected employee can be infected with coronavirus back to work.
- Allow employees, subcontractors, or temporary employees who are known or suspected of having an infection to work until they are cleared.
- Create a system for workers to report positive coronavirus results.
- Report cases of positive test results among their workers to appropriate individuals or organizations, such as their own employees who may have been exposed to the infected worker and the Virginia Department of Health.
- Control access to common areas, such as breakrooms.
- Clean all common areas at the end of each shift at least.
- Give employees easy access to soap, water and manual.
- In areas where known or suspected individuals with coronavirus have been present, employers should clean and disinfect these spaces before allowing other employees.
This is only part of what Virginia temporarily requires of its employers regarding coronavirus protection at work. If you are interested in learning more, you can read the whole new law.
The next section addresses some of the more practical concerns about implementing the Temporary Coronavirus Standard for Emergency Virginia.
FAQ # 1: Do these coronavirus safety standards apply to every employer in Virginia?
Just about. These safety standards apply to every employer, employee, and occupational environment that falls under the jurisdiction of the Virginia Occupational Safety and Health (VOSH) program. The VOSH program applies to the vast majority of state government and private employers. Most exceptions apply to federal agencies and companies that fall under special federal law.
FAQ # 2: How do these new requirements compare to existing workplace protections in Virginia?
These new employment requirements are intended to supplement existing VOSH program rules and regulations. If there is a conflict between this new law and existing state law, the law that provides greater protection for employees will apply.
FAQ # 3: When will this law come into force?
These coronavirus safety standards will take effect immediately after they are published in Richmond, Virginia in a “general circulation newspaper.”
It is unknown at this time what he will do after leaving the post, but it is hoped that publication will take place in the week of July 27, 2020.
Certain requirements will have a delayed maintenance period. For example, covered employers will have 60 days to meet the requirement for infectious disease preparation and response plan and 30 days to train covering employees regarding these new safety standards.
FAQ # 4: How long will these workplace safety requirements in Virginia be in effect?
These legal requirements are only temporary, and will last until they are revoked by the Virginia Safety and Health Codes Board or whichever of the following first occurs:
- Six months have elapsed from the commencement date of the temporary emergency standard;
- The State of Emergency State ends; of
- A permanent safety law in the workplace enters into force.
FAQ # 5: Will Virginia release additional instructions on these legal requirements?
Yes. The VOSH Cooperative Programs division will release more information on what is needed from employers as soon as possible. Examples of brief guided tours are:
- Training materials for employers and employees.
- Answers to frequently asked questions.
- Example of preparation and response plans for infectious disease.
- Guidelines on how to determine if a task as a hazard in the workplace poses a “very high”, “high”, “medium” or “lower” risk of coronavirus exposure.
FAQ # 6: Are there any protections for an employee if the employer takes revenge because the employee exercised a right under §16 VAC 25-220?
Absolutely. Section 16VAC25-220-90 prohibits employers from discriminating against employees in any way, in the following situations:
- The employee exercises his or her rights under this law.
- An employee voluntarily uses his or her own PPE at work (as long as the employee does not increase the level of potential harm to another employee).
- The employee “makes a reasonable concern” about the risk of coronavirus infection for an employer, another employee, the media as well as a government agency.
- The employee has a reasonable fear of injury or death and as a result refuses to come in to work or complete a task.
FAQ # 7: What happens if the employer does not follow the requirements of Virginia coronavirus, but instead follows guidelines as established by the US Centers for Disease Control (CDC) and Prevention?
As long as the CDC guidelines provide for equivalent and greater protection in the workplace, the employer will be considered in compliance with Virginia coronavirus regulations.
FAQ # 8: Are Virginia employers not sharing medical information about employees regarding the coronavirus violating medical privacy laws?
Any employer with requirements for recording or reporting on the medical information of its employees must perform these mandates in a manner not inconsistent with the Health Insurance Portability and Accountability Act (HIPPA), the Americans with Disabilities Act (ADA) or another applicable law. ,
FAQ # 9: Does this law require employees to use PPE, such as face masks, if it is harmful to their health?
No, but these will be exceptions and employers will still need to ensure that the rest of their employees have the necessary PPE.
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