Last week the Virginia Health and Safety Codes Board voted to adopt changes to the COVID-19 Permanent Standard.Virginia Retail Federation, along with the Virginia Business Coalition, strongly advocated that the board repeal the Permanent Standard and remove the static regulatory burden in Virginia; and secondly, if the board chose to keep the standard in place, to adopt Governor Northam’s recommendation to provide employers with safeguards should they comply with the most recent CDC guidance.  The board voted by a vote of 10-4 to adopt our second recommendation.Specifically, they amended Section 16Vac25-220-10.E to say: To the extent that an employer actually complies with a recommendation contained in CDC guidelines, whether mandatory or nonmandatory, to mitigate SARS-CoV-2 virus and COVID-19 disease-related hazards or job tasks addressed by this standard, the employer's actions shall be considered in compliance with the related provisions of this standard. An employer's actual compliance with a recommendation contained in CDC guidelines, whether mandatory or non-mandatory, to mitigate SARS-CoV-2 and COVID-19 related hazards or job tasks addressed by a provision of this standard shall be considered evidence of good faith in any enforcement proceeding related to this standard. The Commissioner of Labor and Industry shall consult with the State…

As a reminder, Governor Northam has called a Special Session of the General Assembly to begin on August 2nd. There is not currently an end date sate for the Session. The General Assembly will be taking up the Governor's proposed budget amendments regarding the spending of the American Rescue Plan Act (ARPA) federal funding that Virginia received. They will also be voting on Judges during the Special Session. VRF will keep you informed as things progress during the Special Session. Please be on the lookout for potential Action Alerts on important issues that could impact the Retail Industry. VRF’s priority issues will be requesting that the General Assembly use ARPA funds to shore up the Unemployment Trust Fund. If this is done, it will prevent a huge payroll tax increase for all employers across the Commonwealth. Virginia Employment Commission recently reported Virginia businesses’ payroll taxes will quadruple in January 2022. Payroll taxes are expected to soar next year from an average of $90 per employee to $360 per employee. It is critical that the General Assembly invest significant ARPA funds to the Unemployment Trust Fund to prevent this from happening. The Governor has announced that he would like the General Assembly to…

(OSHA) issued new guidance on COVID-19 safety for all industries focused on protecting workers who are not vaccinated or who are otherwise at risk in the workplace. OSHA urges all employers to familiarize themselves with the guidance as soon as possible.  READ THE FULL GUIDANCE HERE.  Below are selected key points taken from the guidance.   Provide employees with paid leave for the COVID-19 vaccination: The refundable Families First Coronavirus Response Act (FFCRA) tax credit may be available to businesses who provide paid leave for receiving the COVID-19 vaccination and recovering from the vaccination. Promote distancing of unvaccinated and at-risk workers in workplace common areas: Employers can limit the number of unvaccinated or otherwise at-risk workers in one work area at any given time by, for example, implementing flexible worksites and shifts. If employees in a specific work area cannot be separated, employers can separate such employees with solid barriers (e.g., transparent shields). Provide face coverings for unvaccinated and at-risk workers at no cost, unless their work requires other PPE like a respirator: Unvaccinated or otherwise at-risk workers should wear face coverings, and employers should provide face coverings at no cost. Employers can refer to CDC guidance on masks. Employers may need to provide reasonable…

Pro-union advocates are pushing Senator Mark Warner to cosponsor the ‘worst bill in Congress’. It’s called the Protecting the Right to Organize Act (PRO Act) and contains dozens of extreme labor proposals that threaten businesses and diminish employees’ rights to privacy. So far, Sen. Warner is one of only three Democrats who has chosen to listen to the small business community. He has NOT co-sponsored the PRO Act. However, labor unions are putting significant pressure on Sen. Warner to support this damaging legislation. One of the worst aspects of this legislation is that it would eliminate Virginia’s Right-to-Work law. Virginia’s Right-to-Work (RTW) law was established on January 12, 1947, and is the 5th oldest RTW statute in the United States. It guarantees that no person can be compelled, as a condition of employment, to join or not to join, nor to pay dues to a labor union. Virginia’s RTW also assures that no person or organization may use intimidation, use of force, the threat of use of force, reprisal or threat of reprisal, or interrupt the work of any employee. Tell Sen. Warner today to stand with Virginia businesses and oppose the PRO Act.   TAKE ACTION