Member-exclusive Toolkit: Navigating Indoor Masking Recommendations

From February 16, 2022:

The Virginia Department of Labor and Industry’s Safety and Health Codes Board met Wednesday, Feb. 16 to consider if the DOLI Permanent Standard for COVID-19 should be withdrawn. The VDA joined other trade associations in asking then-Governor-elect Youngkin to repeal the standard, noting that it includes redundant and unnecessary requirements that add to a significant regulatory burden particularly for small dental offices. 

Ben Traynham & Scott Johnson at Hancock, Daniel & Johnson Law Firm prepared this brief initial update on what the Feb. 16 action means for dental offices:

The Virginia Safety and Health Codes Board met today pursuant to Governor Youngkin’s EO 6 to consider whether the Full Permanent Standard for COVID-19 prevention is still necessary.  The Board found that it is no longer necessary and voted to REVOKE the standard in its entirety.

Although there is still a regulatory process that DOLI must follow to unwind the regulation and make it official, we can comfortably say that this standard should no longer be a concern for compliance purposes.  Governor Youngkin has ordered DOLI not to enforce it, and the Board has voted to revoke it.  

We will of course let you know when it is official and final, but there is no longer a need to comply with the DOLI workforce standard for COVID-19 moving forward.

In short, the VDA believed this policy should not have been applied to dental offices in the first place, and that it added a redundant enforcement mechanism with moving targets on compliance and record keeping that placed an unnecessary burden on dentists.

For VDA members with questions on what this action means for how or if their current office procedures should change, we would refer you to the VDA’s most recently updated COVID and Vaccine Guidelines for Dental Offices, issued jointly with the VDHA. These guidelines are based on data from the Centers for Disease Control (CDC), Occupational Safety and Health Administration (OSHA), the Organization for Safety and Asepsis and Prevention (OSAP) the VA State Health Department, the American Dental Association (ADA) and the American Dental Hygiene Association (ADHA) and have been reviewed by VDA counsel. These guidelines, updated January 17, were based on the best science currently available and are subject to change. 

The VDA and VDHA are pleased to provide these guidelines as an educational benefit. Note these guidelines do not have the effect of law and are not intended to constitute legal advice. Members are encouraged to consult their counsel for guidance on all issues including liability.