Title of Regulation: 16VAC25-90. Federal Identical General Industry Standards (adding 16VAC25-90-1910.502, 16VAC25-90-1910.505, 16VAC25-90-1910.509).

Statutory Authority: § 40.1-22 of the Code of Virginia.

Effective Date: August 2, 2021.

Agency Contact: Holly Trice, Attorney, Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, VA 23219, telephone (804) 786-2641, FAX (804) 786-8418, or email holly.trice@doli.virginia.gov.

Summary:

In an interim final rule, federal Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) to protect health care and health care support service workers from occupational exposure to COVID-19 in settings where people with COVID-19 are reasonably expected to be present. During the period of the emergency standard, covered health care employers must develop and implement a COVID-19 plan to identify and control COVID-19 hazards in the workplace. Covered employers must also implement other requirements to reduce transmission of COVID-19 in their workplaces related to (i) patient screening and management; (ii) standard and transmission-based precautions; (iii) personal protective equipment, including facemasks or respirators; (iv) controls for aerosol-generating procedures; (v) physical distancing of at least six feet, when feasible; (vi) physical barriers; (vii) cleaning and disinfection; (vii) ventilation; (ix) health screening and medical management; (x) training; (xi) anti-retaliation; (xii) recordkeeping; and (xiii) reporting. The standard requires employers to provide reasonable time and paid leave for employee vaccinations and any side effects of vaccination and encourages use of respirators in lieu of face masks by including a mini respiratory protection program that applies to such use. The standard exempts from coverage certain workplaces where all employees are fully vaccinated and individuals with possible COVID-19 are prohibited from entry, and it exempts from some of the requirements of the standard fully vaccinated employees in well-defined areas where there is no reasonable expectation that individuals with COVID-19 will be present.

In this regulatory action, the Safety and Health Codes Board is adopting the federal ETS.

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1910 (Occupational Safety and Health Standards) is declared a document generally available to the public and appropriate for incorporation by reference. For this reason, this document will not be printed in the Virginia Register of Regulations. A copy of this document is available for inspection at the Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, Virginia 23219, and in the office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.

Statement of Final Agency Action: On June 29, 2021, the Safety and Health Codes Board adopted federal OSHA's interim final rule, Occupational Exposure to COVID-19, Emergency Temporary Standard, published in 86 FR 32376 through 86 FR 32628 on June 21, 2021, with an effective date of August 2, 2021.

Federal Terms and State Equivalents: When the regulations as set forth in the interim final rule for Occupational Safety and Health Standards are applied to the Commissioner of the Department of Labor and Industry or to Virginia employers, the following federal terms shall be considered to read as follows: