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    As we discussed in our previous blogs, the new workplace safety rules adopted by the Virginia Safety and Health Codes Board in response to the coronavirus pandemic are now in effect.  The final text of the regulations known as the Emergency Temporary Standard (ETS) is posted on the Virginia Department of Labor and Industry’s website at:
    One overlooked requirement of the rule provides that “The employer shall notify the Virginia Department of Labor and Industry (DOLI) within 24 hours of the discovery of three (3) or more employees present at the place of employment within a 14-day period testing positive for SARS-CoV-2 virus during that 14-day time period.”  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. The new online reporting portal allows employers to submit up to 10 Covid-19 positive cases.
    The DOLI’s website says that reporters should be prepared to provide the following information:  business name; names and job position of each employee affected; location and timeline of each positive case, brief explanation of the circumstances associated with the infection; contact person and phone number, etc.
    In addition, the Virginia Code requires all employers, regardless of how many individuals they employ, to report any work related incident resulting in a fatality or catastrophe within eight (8) hours to the DOLI. These reports may be submitted online at  .
    Feel free to contact us if you have questions about this matter.  If you no longer wish to be included in our notifications about employment law developments, please send a message to
    John E. Falcone
    P.O. Box 1080
    Lynchburg, Virginia 24505
    (434) 846-2768