EMERGENCY COVID-19 WORKPLACE REGULATIONS NOW IN EFFECT FOR VIRGINIA BUSINESSES

Last month, Virginia became the first state to approve binding regulations related to COVID-19 workplace safety. The regulations impose extensive requirements on Virginia businesses that have at least one employee (a term which itself is broadly defined), and these regulations are now in effect. Last month, Virginia became the first state to approve binding regulations related to COVID-19 workplace safety. The regulations impose extensive requirements on Virginia businesses that have at least one employee (a term which itself is broadly defined), and these regulations are now in effect. While promulgated as temporary regulations, penalties for noncompliance can be significant, with fines up to $12,471 for individual citations based on the gravity of the violation, the size of the business, the good faith of the employer and the employer’s history of previous violations. Larger fines and criminal penalties may also apply in egregious situations, including those involving willful violations that result in the death of an employee.

The full text of the regulations should be carefully reviewed and can be found here. Also provided for your reference is a checklist to help small business owners assess their understanding of the regulations and track their compliance. Make no mistake, this is an onerous set of requirements and full compliance will demand a significant investment of time and resources. Keep in mind, though, these regulations are imposed for the purpose of protecting public health and safety and will only apply for a limited period of time. Reach out if we can answer questions or be of assistance as you navigate this challenging period.

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