Brief Update on DOLI Revised Proposed Permanent Standard

*The information below is for general educational purposes only and does not constitute legal advice. Please seek the advice of counsel for specific questions or interpretations.

Below is a summary of some of the draft revisions to the Proposed Permanent DOLI Standard for COVID-19 prevention as we interpret them.  The draft proposal is subject to public comment, and we expect a meeting to be noticed to adopt a permanent standard by January 27, 2021.  Please note that the proposed permanent standard is not currently in effect and is subject to change.  

• No enforcement action will be brought against an employer for failing to supply PPE if it is not readily available on commercially reasonable terms
• Adds provision for DOLI to consult with VDH before making determinations based off compliance with CDC guidelines
• Within 14 days of the expiration of the declaration of emergency/public health emergency, the Board shall notice a meeting to make a determination as to whether there is continued need for the standard
• Specifies “face covering” definition to mean a covering of two or more layers of fabric
• Report to VDH when “worksite” has 2 or more confirmed cases (vs. 1 case in ETS)
• Streamlined return to work provisions to say an employee may return to work when 1) employee has been fever-free for at least 24 hours without medication; 2) respiratory symptoms have improved; and 3) at least 10 days have elapsed since symptom onset