I learned a joke about the first week I moved to Charlottesville Virginia back in 1976.  Yeah, I’ve been in Virginia that long (except for part-time bicoastal living in Long Beach from 1983 to 1986).

After sitting in the dark for two nights, Marshall finally changed the light bulb. Ever since, folks who come over to eat complain how much better the old light bulb was.

That explained how Virginia “accepted” change.

But, over the past four decades, Northern Virginia (not where Charlottesville is) has grown dramatically- with most of the 3.6 million new inhabitants in the Commonwealth (that’s 42% of the population) residing there.  So, Virginia as a state (or more correctly, Commonwealth) has changed a lot.

Which is a good thing- since living in the 19^th century was a bit daunting.

Given that TheDonald has been avoiding any real action in dealing with the COVID-19 pandemic (foisting all action upon the states, hoping they will take the blame for his inept [and that’s an overstatement] reaction to the dilemna of the nation), it’s not surprising that no standards for the workplace have been developed to protect our workers (you know, even the ones that we now consider essential- the grocery story employees, the meat packing and cutting staff, the chicken processors).  Which left Virginia free to create their own.  (If you don’t live in the Commonwealth, you have no idea how amazing that really is.  Moreover, this was created in response to employee demands.  You do know that Virginia is a “Right to Work” state- which really means “free to fire”.)

But, the Virginia Safety and Health Codes Board (vote was 9 to 2) has stipulated that VOSH (The Virginia Occupational Safety and Health) will enforce standards that exceed those previously mandated by OSHA (the US Occupational Safety and Health Administration) and CDC (US Centers for Disease Control) guidelines.  ALL state and local employees are covered as is almost every other employee in the Commonwealth.

This works because Virginia (and 26 other states) have been declared as State Plan eligible under OSHA regulations. The Virginia standards go into effect by the end of July and will be maintained through the rest of the Calendar Year, unless the Governor removes the “emergency conditions” or VOSH adopts permanent standards.

All places of employment are to be evaluated as to their level of risk- very high, high, medium, or low.

And, above and beyond the CDC guidelines and OSHA standards, VOSH now requires employers to provide flexible sick leave and teleworking to their staff.  If feasible, flexible shift workings should be employed.  Places of employment must have handwashing and hand sanitizer stations.

Before employees walk in the door- their potential risk must be evaluated.  (Temperature, symptom check, have you traveled anywhere). (hey are to be sent home if they fail the screen.

And, that goes for suppliers, too.

Standards for how employees who have tested positive are to be allowed to return to work must be developed and posted (as well as communicated to employees).

Potential exposure to COVID-19 demands that employees be notified within 24 hours.

COVID-19 training for all employees within 30 days is to be provided (unless the employment site is deemed to be of low risk).  Social distancing is the desired element- but if the workplace is not conducive to same, respiratory protection is to be provided to each employee.  The workplace- common areas and equipment- should be cleaned and disinfected routinely.

Air handling systems should be upgraded to comply with ANSI (American National Standards Institute) and ASHRA (American Society of Heating, Refrigeration, and Air Conditioning Engineers) standards, as well and keeping operations within the manufacturer’s specifications.

If an employee manifests positive COVID-19, the Virginia Department of Health is to be notified- and if >3 folks show up positive over a 2 weeks period, VOSH must be notified.

Building and facility owners must immediately notify employer tenants if any other tenant has manifested positive COVID-19 results.

(Schools- both public and private- who have reopening plans that were approved by SCHEV [State Council of Higher Education in Virginia] and public schools whose reopening have been certified by VDOE [Virginia Department of Education] are exempt.  NOT so for private elementary and secondary schools.)

It goes beyond that- no employee who raises concerns about infection control in print, online, social or other media can be fired; these are protected acts under the regulations.

A firm can be penalized up to $130K for a violation.

The regs are here if you want to read them.

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It is a Brave New Commonwealth!

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