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Virginia jettisons COVID-19 workplace standard

May 2022 employment law letter
Authors: 
Jonathan R. Mook, DiMuroGinsberg P.C.

When the COVID-19 outbreak first began forcing workplaces to close or at least limit their operations to curb the spread of the virus, Virginia was one of the first states to adopt a specific safety standard for employers. Now that the pandemic has waned, at least in terms of  hospitalizations, the state has shifted its approach.

Revocation of COVID-19 standard

Recently, the Virginia Safety and Health Codes Board voted unanimously to recognize COVID-19 no longer poses a “grave danger” to workers and urge Governor Glenn Youngkin to approve the withdrawal of the state's mandatory virus-related standard. In response, the governor applauded the board’s decision and issued the following statement:

Businesses asked us for updated workplace guidance to reflect our current COVID-19 situation in Virginia. We are pleased with the board's move and this vote signals that a return to normalcy in Virginia is not a partisan issue. We're going to continue providing greater certainty and decision-making power to businesses and workers in the Commonwealth as we move beyond the pandemic. With the removal of these regulations, it is undeniable that Virginia is open for business.

New COVID-19 guidelines

Although Virginia no longer has a mandatory COVID-19 standard in place, the board has issued guidance for workplaces as the state “transitions to near normalcy.” The guidance includes the following steps for employers to follow:

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