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Richmond City Health District
Henrico County Health District
Henrico County Health District
 

Complying with the VA Department of Labor and Industry (DOLI) requirements

The VA DOLI released an Emergency Temporary Standard (ETS) to address workplace safety for COVID-19. Here are some quick links to help you understand these new requirements. You can find the complete ETS here.

Below, you’ll also find a brief timeline of requirements to consider. We’ve provided additional direct links to the ETS where you can learn more about specific requirements that affect your business. 

 

1. The VA DOLI ETS became effective.

  • July 27, 2020

2. Training requirements for employees. 

  • August 26, 2020

3. An Infectious Disease Preparedness and Response Plan.

  • September 25, 2020

4. End Date Not Yet Determined

  • The "Emergency temporary Standard shall expire (i) within six months of its effective date, upon expiration of the Governor’s State of Emergency, or when superseded by a permanent standard, whichever occurs first or (ii) when repealed by the Virginia Safety and Health Codes Board."

 

 

 

 

Understanding healthy workplace basics with COVID-19

To keep your workplace safe and healthy, it’s important to know the most up-to-date information about COVID-19 and how to protect your employees and customers. Get the answers to common questions on this topic by following the links below. 

 

 

 

 

Reopening your business safely

Reopening and operating your business will require some important planning. Follow these best practices to help keep a clean and healthy workplace for your employees and customers.

 

 

 

Understanding COVID-19 testing

COVID-19 testing can be confusing. This is a guide to help you understand the types of COVID-19 testing, as well as when and how employees should be tested.

 

Types of COVID-19 tests

There are two types of testing available to help determine if you have been infected with the virus that causes COVID-19. 

1. Diagnostic Test

To determine if you are currently infected with the coronavirus

Also Known As : Viral Test, Molecular Test, PCR test, Rapid Antigen Testing, Nucleic Acid Amplification Test (NAAT), RT-PCR test, LAMP Test

2. Serological Test

To determine whether or not you were previously infected with the coronavirus

Also Known As : Antibody Test, Blood Test, Serology Test

 

Q&A about COVID-19 testing in the workplace

You may have questions about how COVID-19 testing will affect your business, and what the VA DOLI requires. Here are links to sources and reference material that have answers to common questions about testing in the workplace.

Do my employees have to get tested before they can return to work?
Where can my employees get testing?
What should an employee do if they are awaiting diagnostic test results?
What do I do if one of my employees receives a positive diagnostic test result?
  • The new DOLI standards (16VAC25-220-40 (Section B8)) require that you establish a system to document employee cases and inform relevant parties.
  • COVID-19 case reports must be filed through the Virginia Department of Health’s (VDH) online reporting portal. By using this portal, these case reports will ensure VDH and DOLI reporting compliance.
  • Depending on how you received the information about the test results, HIPAA may apply
  • Depending on whether or not the employee is suspected to have contracted the coronavirus in the workplace, VOSH/OSHA may apply
  • An employee who tests positive should follow this guide.
Is there a symptom checker to help check for COVID-19?
 

 

Returning to work

After an employee tests positive for COVID-19, it's important to follow these best practices. We’ve provided a few links to resources that can guide your employees through returning to work after having COVID-19.

 

 

 

 

Protecting worker privacy

It’s important to know relevant privacy and security regulations to protect your employees surrounding COVID-19. Here’s a basic Q&A explaining HIPAA, VOSH/OHSA, and ADA requirements. 

Protecting worker privacy

What is HIPAA?
  • HIPAA stands for the Health Insurance Portability and Accountability Act. To most people, HIPAA is associated with the act’s privacy and security regulations. These regulations help ensure that your medical records and information (also called protected health information (PHI)) are held confidential and secure.
What is Protected Health Information (PHI)?
  • Protected health information refers to health data generated and handled by HIPAA-covered entities (e.g. hospitals, doctors’ offices) and their business associates (e.g. insurers) during the delivery of healthcare and coordination of payments and other services. PHI includes all health information that can identify you as an individual, including demographic data, insurance information, test results, and medical histories.
What do HIPAA and PHI have to do with the new Virginia DOLI ETS?
  • Part of the new emergency standards require employers to keep records of employees that receive a positive diagnostic test result for COVID-19. Depending on your business type and how you receive information about an employee’s test result, you may have to comply with HIPAA’s privacy and security regulations as the employer.
As a business owner/employer, how do I know if HIPAA applies to me?
Are there any other privacy or security rules I need to know about?
  • Yes, the American’s with Disabilities Act (ADA) and VOSH/OHSA:
    • If your business is conducting daily screening of employees via methods such as symptom questionnaires or temperature checks, you must comply with the ADA. The information you are gathering constitutes a medical record and is subject to specific protections.
    • According to VOSH/OSHA, COVID-19 is a recordable illness and, therefore, employers are responsible for documenting and reporting positive cases if they meet these criteria.
 

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Healthy Workplace Updates

For additional questions regarding COVID-19 and how it may affect operating your business, Richmond City and Henrico County employers can contact the COVID-19 Hotline at 804-205-3501.Keep up with VCU Health’s COVID-19 updates regarding community health and care on the VCU Health COVID-19 website.

Check this website or submit your email to stay informed as we update information and resources relevant to operating a healthy workplace during the COVID-19 pandemic.
 

Get COVIDWISE

Download Virginia's Contact Tracing App COVIDWISE to get exposure notifications and help slow the spread. 

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