The recent changes in masking requirements and COVID-related restrictions have prompted questions and concerns throughout the construction industry. We understand your questions and continue to work closely with the Department of Labor and Industry (DOLI) and the Safety and Health Codes Board.
Here is what we know at this point:
- The Governor’s second order terminates the state of public emergency as of May 28, 2021. At that point, the DOLI Safety and Health Codes Board will have 2 weeks to meet and decide whether to rescind, modify, or continue the Final Permanent Standard for Prevention of Covid-19. Companies should continue to follow the standard until further notice.
- UPDATE: At present, the emergency order does not expire before June 30, unless amended or otherwise changed. Therefore, the two-week period to announce a meeting of the SCHB to review the permanent COVID-19 standard does not begin until July 1, though the meeting can occur after the two-week period. AGCVA has joined other groups in pushing for a meeting as soon as possible.
View the Final Permanent Standard here.
- Updated FAQs for the final permanent COVID-19 standard have been posted to the DOLI Outreach page.
- §10, FAQ 23 was DELETED (referenced fully vaccinated employees in a small office)
- NEW §40, FAQs 47, 48, 49, 50, 51, 52, 53, 54 (questions addressing updated CDC guidance on fully vaccinated employees)
- Virginia Occupational Safety and Health has stated that if an employer determines that fully vaccinated employees must still wear face coverings while at work, employees must comply. Businesses retain the ability to require masks in their establishments.
Additionally, click here to view Governor Northam’s Friday, May 14 announcement.
If you are a Virginia-based construction contractor and are not a member of the AGC-VA, I recommend that you join. As a construction attorney, I’ve been a member for quite a while and have enjoyed the networking and timely legislative and other policy updates I get on a weekly basis.
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