The Virginia Department of Labor and Industry on Wednesday approved emergency workplace standards that will give workers across the commonwealth health protections amid the pandemic.

The binding standards — the first of their kind in the nation — are being hailed by labor groups, while business advocates say employers are already providing for their workers and that the new rules will only force them to endure more paperwork and regulation as they suffer economic damage due to the coronavirus.

“It’s really a historic victory,” said attorney Jason Yarashas of the Legal Aid Justice Center, which pushed for the regulations. “This is really a major step forward in the long arc of worker justice.”

“We’re really concerned that these emergency regulations are going to be a pretty big burden for small business owners,” countered Nicole Riley, Virginia state director for the National Federation of Independent Business. The group represents about 6,000 small business owners in the commonwealth.

The Virginia Safety and Health Codes Board voted 9-2 to pass the standards during the last of a four-hour-long session in which business and labor groups faced off over how best to protect health in the workplace during the pandemic.

Under the new standards, all employers must establish systems for notifying employees when they have been exposed to COVID-19. If three or more employees test positive for COVID-19 over a two-week period, the employer must also report that to the Virginia Department of Labor and Industry. The rules also require employers in high-risk fields to develop and implement infectious disease response plans. 

Among other protections, the standards require employers to enforce physical distancing between their workers, either through repeated announcements or by decreasing worker density. If the nature of the work does not allow for distancing, employers will have to ensure workers have protective equipment and respiratory protection. The rules also mandate employee training for safety in the pandemic, and protect whistleblowers from retaliation.

Employers will have to have training plans in place within 30 days, and the standards will become enforceable 60 days after they take effect. Employers who violate the standards face civil penalties.

“Amazing. It’s a huge deal,” said Destiny LeVere, spokeswoman for the Virginia AFL-CIO. “It’s one of the biggest wins for workers during this entire pandemic. Truly Virginia has set the standard, set the bar for the nation.”

One major sticking point for Virginia’s standards was the role of federal guidelines. The Centers for Disease Control and the Occupational Safety and Health Administration have published non-binding suggestions for workplaces. In an earlier iteration, Virginia would have allowed employers to comply with CDC guidelines, but labor groups protested that the guidelines did not offer enough protection. Now, employers may only fall back on CDC guidelines if they are as stringent as or stricter than the Virginia rules.

Riley said that change was frustrating for businesses.

“Small business owners are already following a lot of these safety protocols,” she said. “This is going to be a bigger burden on small businesses and we’re pretty disappointed with that action by the board.”

Yarashas countered that the stricter standard was necessary.

“The board’s obligation is to provide the highest protection available for workers in the workplace in Virginia. And this reinforces that,” Yarashas said. “It shows that Virginia is going towards not only protecting businesses but also protecting workers.”

The standards take effect once they’re published in a newspaper of general circulation in Richmond. The Department of Labor and Industry estimated that would take place the week of July 27. The standards will be effective for six months or until they are repealed.