Virginia Government Proposes Draconian Workplace Regulations

Still operating under the authority of emergency power related to the Wuhan coronavirus pandemic, Virginia Governor Ralph Northam (D) and his administration have proposed sweeping new regulations for all employers and employees in the state.

Announcing an emergency meeting for this Wednesday, the governor's Safety and Heath Board laid out new, far-reaching regulations ostensibly meant to protect workers in the food preparations and health care industries. However, the extensive proposition of new rules and regulations spell out major hurdles for all Virginia businesses, including office work and retail, attempting to re-open.

With the force of state emergency powers behind him, Gov. Northam possesses the ability to make these rules law with a simple signature. Comments from concerned residents and business owners will be closed by Monday evening and the full force of the regulations could be implemented on Wednesday. The laws do not automatically vanish when the emergency phase is lifted or if the threat of COVID-19 infection is greatly diminished either.

Among the list of new proposed laws, which would be in addition to, not a replacement of, current laws, is a requirement of all Virginia employers and employees to wear face coverings at all times, with no exceptions. Though facial coverings in businesses have been required since the end of May throughout the state, exceptions were made for contracted and sub-contracted employees. Under new proposed regulations, this will no longer be the case.

Full employer access to employee medical records and past "hazard communication" would also be required under the proposed regulations.

Poultry processing employers are singled out specifically in the 200+ page regulation proposal, saying that all employees must be temperature screened every day. Any employee who failed said temperature check, which is not defined in the legislation, would be sent home with full pay.

This proposal, as the Poultry Federation pointed out, does not take into account the unreliability of temperature screenings considering that high temperatures have many causes and infected persons may not even have an elevated temperature.

Whether the Commonwealth should require employers to screen their workers with temperature checks given this limited utility, while also considering the risk to the temperature taker, may ultimately be beneficial, but it is a decision that should be made in the ordinary rulemaking process where all available facts and viewpoints can be reviewed in a considered manner.

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