VSCPA asks for clarity on enforcement of Virginia’s eased COVID restrictions

On May 14, following updated guidance from the Centers for Disease Control and Prevention (CDC), Gov. Ralph Northam lifted Virginia’s indoor mask mandate. Additionally, all distancing and capacity restrictions were lifted at midnight on May 28 by Executive Order (EO) 79 and Order of Public Health Emergency 10, which can be found here (PDF). 

While the VSCPA is encouraged by the lifting of these restrictions, there is uncertainty regarding the impact these actions have on the COVID-19 Permanent Regulation employers are still mandated to follow. The VSCPA signed onto a business coalition letter (PDF) to Northam requesting clarity related to enforcement of the standard in light of the updated EO, more information on what is required for employers to determine proof of vaccination, and full repeal of the permanent standard.

Specifically, the letter asks Northam to convene the Virginia Safety & Health Codes Board to repeal 16VAC25-220 (COVID-19 Permanent Regulation). There are several conflicts between EO 79, the 7th version of EO 72, and CDC guidance. The Virginia Department of Labor & Industry (VDOLI) confirmed the following information with the Virginia Manufacturers Association:

• Masks and EOs: VDOLI will be enforcing EO 79 as it pertains to masks, not the permanent regulation, and looking for "good faith" compliance. The governor's team said that you do not have to wear a mask if you are fully vaccinated (except for school settings), and if NOT vaccinated, you do still need to mask.
• Social distancing: Social distancing is still required at work for the unvaccinated. Businesses do not have to verify that customers or suppliers on their premises are vaccinated in order to eliminate their mask-wearing obligations and social distancing. VDOLI recommends posting the latest CDC signage throughout the business's premises.

The VSCPA will keep you apprised of the latest developments on this issue for Virginia firms and companies.