NFIB is concerned about this proposal
Governor Northam has directed the Commissioner of the Department of Labor & Industry to draft emergency regulations to address “workplace safety” for the Virginia Safety and Health Codes Board to approve in the coming weeks. The proposal is to address personal protective equipment, sanitation, record-keeping of incidents, and hazard communication.
While NFIB knows many of our businesses are already following the CDC and OSHA’s recommendations on preparing their businesses for the public health and safety of employees and customers, we are concerned that big labor unions and other groups are using this opportunity to push for policies that are beyond the scope of CDC guidelines.
We’re concerned the Administration wants a “big stick” to enforce these emergency regulations by increasing their authority to allow an inspector to issue “stop work orders” onsite and increase fines and penalties. Other concerns include the wish list of other organizations which include:
- Presumptive workers’ compensation coverage for COVID-19 cases (i.e. – if a worker tests positive, then assumption is worker got it at work and is entitled to workers compensation benefits. The employer would have to prove otherwise);
- Paid time off and unemployment benefits for work refusals;
- Whistleblower protection and private rights of action with a rebuttable presumption of retaliation for adverse employment actions within 90 days of a protected activity;
- Coverage for independent contractors;
NFIB is closely monitoring the situation and will send notification as soon as the proposal is drafted and posted publicly to the Virginia Regulatory Town Hall website where interested parties can submit public comment.
The Board could meet as early as June 11, 2020. However, it may be postponed to allow more public comment.
