Virginia’s Proposed Permanent Standard for Infectious Disease Prevention Regulations: A reminder that the opportunity for public comment closes September 25, 2020

09/24/2020 by Neil S. Lowenstein, Esq.

As previously publicized, the Virginia Department of Labor’s (DOL) Safety and Health Codes Board (Board) Emergency Temporary Standard (ETS) for Infectious Disease Prevention became effective on July 27, 2020, but because of their nature would expire unless they or alternatively proposed regulations were made into permanent standards. When the ETS were published, DOL included its notice of intention to adopt them as a permanent standard, with an effective date of January 27, 2021.

As required by regulatory guidelines, DOL has solicited public comment regarding the adoption of a permanent standard for Infectious Disease Prevention. The proposed permanent standard can be reviewed here:  Proposed Permanent Standard for Infectious Disease Prevention for COVID-19. As previously publicized, the proposed permanent standard proposes adoption of the ETS.

The opportunity for public comment remains open, but is quickly expiring, tomorrow, September 25, 2020. So, regardless of view regarding the ETS or making them or any aspects of them permanent, those desiring to provide their input to the Board need to act quickly. To register a public comment about the proposed permanent standard, here is a link to DOL’s comment forum.

About the Author

Neil Lowenstein is a member of the firm’s Construction and Government Contracts Law practice group. Neil has been an attorney with Vandeventer Black since 1989, during which he has focused his practice on construction law, government contract laws, suretyship and fidelity law, and alternative dispute resolution. Neil also has experience with various administrative and regulatory matters and is an experienced litigator.


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