Virginia COVID-19 Standard

Overview

Employers with employees in Virginia need to update their policies and procedures to comply with the recently adopted amendments to the Virginia Occupational Safety and Health COVID-19 Standard. Among other things, employers must provide a way for employees to make anonymous complaints related to COVID-19 workplace safety issues. Employers who adopt and enforce these policies in good faith and resolve complaints will be considered to be in compliance with the revised standard. Among other things, the revised standard requires all employers to:

• assess their workplace for hazards and job tasks that can potentially expose employees to COVID-19;
• notify employees on how to self-monitor for signs and symptoms of COVID-19 if employees suspect possible exposure, and encourage self-monitoring;
• develop and implement policies and procedures for employees to report when they are experiencing signs or symptoms consistent with COVID-19, and no alternative diagnosis has been made;
• establish a system to receive reports of positive COVID-19 tests by employees and others (consistent with HIPAA and related laws);
• develop and implement policies and procedures for when suspected or confirmed COVID-19 employees may return to work; and
• establish and implement policies and procedures to ensure unvaccinated and otherwise at-risk employees observe physical distancing while on the job and during paid breaks on the employer’s property.

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