Firm News
Virginia Employers Need to Revisit Their COVID-19 Workplace Protocols with the Recent Amendment to Virginia’s Permanent Standard
The Safety and Health Code Board of the Virginia Department of Labor and Industry (DOLI) voted and approved updates to the previous January version of the permanent standard. The amendments became effective as of September 8, 2021. The new standard, found here, keeps many of the original standard’s requirements, however, it contains several new requirements in an effort to match the more recent guidance from the Centers for Disease Control and Prevention (CDC) regarding mask use and other recommendations such as quarantining.
The new standard does away with defining levels of risk for all but “higher-risk” workplaces, and now bases many of its requirements on the level of community transmission of the SARS-CoV-2 virus, which is in line with the recommendations by the CDC. Since most of Virginia is currently in a substantial or high status of virus transmission, these requirements must be noted by employers.
Some of the changes that employers should now carefully review based upon the recent amendments include the following:
16VAC25-220-40: Mandatory requirements for all employers were added/modified.
The updated standard now requires all covered employers to implement a COVID-19 policy, covering areas such as (i) workplace safety practices and procedures, (ii) mandatory reporting, (iii) return to work procedures after a COVID-19 exposure or diagnosis, (iv) practices for workplace visitors, and (iv) a method to receive anonymous complaints of violations.
The updated standard changes many of the applicable workplace safety practices and procedures to differentiate between fully vaccinated employees and employees who are unvaccinated or otherwise at risk. Including updated language regarding required face coverings for employees who are not fully vaccinated, as well as employees who are fully vaccinated but are currently in areas of substantial or high community transmission, and employees who are otherwise at-risk, with certain exceptions and accommodation requirements noted in 16 VAC25-220-40(G).
The reporting requirement to the Virginia Department of Health (VDH) within 24 hours of becoming aware of any confirmed COVID-19 cases at the worksite remains for all employers when there are two or more cases within a 14-day period, and that now matches the reporting requirements to DOLI.
The amended standard has updated the return to work requirements, and requires those with a known exposure to someone with COVID-19 to follow testing and quarantine guidance from the VDH. The return to work requirements for those employees suspected to have COVID-19 (even if vaccinated) include a return to work only after a negative PCR test (paid for by the employer), or per the advice of a healthcare professional or VDH, or consistent with CDC guidance. Those employees known to have COVID-19 may only return to work after guidance from a healthcare professional or VDH, or consistent with CDC guidance.
16VAC25-220-50: Requirements for healthcare services or healthcare support services were added.
Language was added to address the adoption on June 29, 2021 of the federal OSHA COVID-19 Emergency Temporary Standard (OSHA ETS) by the Virginia Safety and Health Codes Board applicable to all settings where any employee provides healthcare services or healthcare support services. The OSHA ETS became effective in Virginia on August 2, 2021. https://www.doli.virginia.gov/emergency-temporary-standard-interim-final-rule/
When the OSHA ETS is no longer in force, 16VAC25-220-50 will apply to employers in healthcare services and healthcare support services.
16VAC25-220-60: Requirements for higher-risk workplaces were added.
Higher-risk employers include but are not limited to, manufacturing, meat and poultry processing, high-volume retain and grocery, transit, seafood processing, correctional facilities, jails, detention centers, and juvenile detention centers.
16VAC25-220-70: Requirements for infectious disease response plan modified.
The updated standard requires employers with higher-risk workplaces and 11 or more unvaccinated employees to prepare a written infectious disease preparedness and response plan covering certain specific practices and to train employees on such plan. The deadline to implement such a written plan is October 8, 2021.
16VAC25-220-80: Requirements for training modified.
The training deadlines for those covered by 16VAC25-220-50, and 60 are November 7, 2021.
Virginia employers who need help updating their protocols to comply with Virginia’s recent changes to the permanent standard should contact shareholder and attorney Wendy Alexander at 703.680.4664 x5117.
Larry & the LandLawyers performed at the 7th Annual Law Rocks Concert
In September, law firm bands from the DMV area performed at the 9:30 Club to raise money for their favorite charities at the 7th Annual Law Rocks DC concert. Law Rocks is a non-profit organization that hosts a series of concerts headlining legal professionals from around the globe and has raised over $615,000 in the past seven years. Larry & the LandLawyers will once again take their rightful place on stage. Larry & the LandLawyers is a band comprised of three Walsh Colucci attorneys, John Rinaldi, Mark Goetzman, and Mike Kieffer, and a friend/client of the firm, Larry Clark of Felice Development Group. This year Larry & The LandLawyers performed to raise funds for LUNGevity, in memory of our dear friend Pete Dolan, and also continued their support for HomeAid Northern Virginia. LUNGevity is the nation’s largest lung cancer-focused nonprofit, changing outcomes for people with lung cancer through research, education, and support. Donations help drive advances in lung cancer detection and treatment that are saving lives, and provide free education and support to all affected by lung cancer. HomeAid Northern Virginia is a successful and dynamic non-profit started by members of the Northern Virginia Building Industry. This organization focuses on building and renovating housing and shelter facilities for the organizations that own or operate them. To learn more about HomeAid Northern Virginia and support their local programs, please visit homeaidnova.org.
Fairfax County Board Adopts West Falls Church TOD Plan Amendment
At its July 13, 2021, public hearing, the Fairfax County Board of Supervisors adopted the West Falls Church Transit Station Area Study Comprehensive Plan Amendment (Plan Amendment 2018-II-1M). The Plan amendment seeks to transform both the West Falls Church Metrorail station and Virginia Tech’s Northern Virginia Center site, which together comprise approximately 31.5 acres, into a higher-density, pedestrian-oriented transit-oriented community in a way that is Metrorail-oriented and compatible with surrounding neighborhoods.
The impetus for the plan amendment came out of a 2018 Site-Specific Plan Amendment nomination proposed by the Washington Metropolitan Area Transportation Authority (“WMATA”) to link the approximately 24-acre West Falls Church Metrorail station with new development proceeding in the City of Falls Church. WMATA’s SSPA nomination was subsequently consolidated with a separate SSPA nomination submitted by Virginia Tech to redevelop its approximately 7.5-acre Northern Virginia Center site.
In January 2019, WMATA issued a Joint Development Solicitation for redevelopment of its Metrorail station and later selected Falls Church Gateway Partners – Metro LLC as its joint development partner. Falls Church Gateway Partners – Metro LLC is comprised of EYA Development LLC, Rushmark Properties, and Hoffman & Associates.
For more than two years, the development team, which included Walsh Colucci shareholder Andrew Painter land use planner Bernard Suchicital, coordinated with WMATA, Virginia Tech, the City of Falls Church, a community task force, and County staff in crafting the Plan amendment language. This community planning process involved 22 task force meetings, outreach to nearby neighborhood associations, discussions with local officials, and two public hearings.
As adopted, the Plan amendment permits the Metrorail station property to be redeveloped with mixed-use development up to an intensity of 0.96 FAR with a maximum of 900 dwelling units, up to 30,000 square feet of retail or active ground floor uses, and up to 120,000 square feet of office use. Virginia Tech’s Northern Virginia Center property is now planned for mixed-use development up to an intensity of 2.5 FAR with a maximum 400 multifamily residential units, up to 160,000 square feet of institutional use, up to 181,000 square feet of office use, and up to 18,000 square feet of retail use.
The Plan amendment dovetails with replanning efforts occurring on the adjacent former George Mason High School site in the City of Falls Church, which was recently approved for a high-density mixed-use project. The Plan Amendment’s vision, if realized, will create an urban fabric that will increase the broader community’s overall vitality and sustainability. Residents and workers within the planning area will be encouraged to walk to the Metrorail station and other nearby businesses, and it will help sites in this area of the County and the City of Falls Church evolve into a larger 60-acre vibrant and economically successful mixed-use and interconnected neighborhood.
Richmond Law magazine interviews Rear Adm. Andy Burcher
Richmond Law magazine interviewed Navy reserve Rear Adm. Andy Burcher, L’97 about balancing his career in the Navy Reserve and his career as an attorney in the civilian world.
Andy joined Walsh Colucci in 2006 as a shareholder and works primarily in the firm’s Litigation and Business Transactions practice groups. Andy’s practice focuses on general commercial law including complex commercial litigation, commercial transactions, creditor bankruptcy representation, and general corporate matters. He has extensive experience in both the federal and state courts in Virginia, including bankruptcy court, for both bench and jury trials.
[EXCERPT]
Commanding Presence
Andy Burcher, L’97, begins a conversation about his work debunking the common misconception that working for the Navy Reserve is a part-time job. It may be for some, but what Burcher’s been doing for the past two years is very much a full-time responsibility: He’s in charge of submarine operations for NATO.
Burcher has spent his professional life as an attorney in the civilian world, practicing since 2006 at Walsh Colucci Lubeley & Walsh in Prince William, Virginia. But he’s also a 1988 U.S. Naval Academy graduate who has served for most of his career as a Navy reservist, rising over the course of two decades to the rank of rear admiral. For those not familiar with the often-complicated workings of the U.S. armed forces, the term “reservist” might confuse things, implying as it does little more than occasional weekend duties. But wearing an admiral’s two stars, managing many billions of dollars’ worth of strategic military assets, and commanding personnel from dozens of nations requires full-time attention.
Kathryn Taylor Graduates from the Leadership Fairfax Institute
Written By Leah Smith, Summer Intern
Our own Kathy Taylor graduated from the Leadership Fairfax Institute (LFI) this past weekend, having completed the 10 month program. LFI trains individuals to become more effective leaders, and to take initiative in their own communities. Participants are taught, using a continuous improvement model, to engage with others, brainstorm creative solutions, and identify and resolve issues facing the community. Study groups, training seminars, and interactions with community decision makers
By learning from and connecting with peers, program members deepen their leadership competencies, focus their leadership vision, and gain an in-depth knowledge about Fairfax county engagement. Others in our office who have completed this program include Lynne Strobel – now an LFI board member – and Bob Brant. Lynne affirms that “The Leadership Fairfax Institute provides a solid foundation to engage in those issues most critical to Fairfax County. I am proud to serve on its Board, and am delighted that Bob Brant, Class of 2019, and Kathy Taylor, Class of 2021, chose to complete the program. As a result of his experience in LFI, Bob now serves on the Board of Langley Residential Support Services.” The effects of the LFI program are pronounced as many graduates become community leaders. We are excited for Kathy and will be thrilled to witness the continuous benefits of the LFI program.
Our Very Own John Foote is Inducted into the Virginia Lawyers Hall of Fame
As many people who have had the pleasure of working with him already know, John Foote loves what he does and brings that passion and high level of energy to all of his clients and cases. John has an almost encyclopedic knowledge of municipal and zoning law in Virginia. His practice covers much of the Commonwealth and, as a result, our clients benefit from his expertise, unparalleled reputation, and relationships with community leaders, legislators, and decision makers throughout the state. We are very proud to announce his induction into the Virginia Lawyers Hall of Fame, our mini-version of “Cooperstown, New York” for Virginia lawyers. This honor validates that our high opinion of John is also shared by his peers across Virginia.
For those who have not had the pleasure of working with John, he is experienced in all relevant legal areas affecting land use and zoning in Virginia, including federal regulations of wetlands and waters of the United States, the state regulation of Chesapeake Bay Preservation areas and storm-water management, and historic preservation. John teaches and has written extensively in the area of land use and local government, and is the author of the seminal Virginia handbook on Planning and Zoning.
As our senior litigator in both state and federal courts, John has argued more than twenty cases before the Virginia Supreme Court. Those cases have led to some of the most significant and influential land use and zoning decisions authored by the Court.
In addition to his effective advocacy, John has also shared his vast wealth of knowledge with, and mentored, numerous lawyers during his career. The list of his pupils includes not only attorneys in private practice, but also community leaders, public servants, and judges.
Prior to joining Walsh, Colucci, Lubeley & Walsh in 1999, John served as the County Attorney for Prince William County, Virginia, from 1982 until 1989, and previously as the Deputy County Attorney from 1977 until 1982. In both positions he served as the County’s chief litigator. In 1989, he transitioned to private practice with Hazel and Thomas. Ten years later, he joined us, and we have had the extremely good fortune of being able to work with John and learn from him on a daily basis.
John is consistently listed in Best Lawyers in America for Land Use and Zoning law, Land Use & Zoning Litigation, Municipal Litigation, Municipal Law, and Real Estate Law. He was named Lawyer of the Year by Best Lawyers in 2016. Virginia Business magazine recognized John to the Legal Elite in Real Estate/Land Use Law list in 2016 and 2020. John’s peers voted and named him as a Super Lawyer in Thompson Reuters’ Super Lawyers magazine in Virginia and Washington, D.C.
Please join us in congratulating John on this well-deserved accomplishment.
Arlington County Board Approves Landmark Block Redevelopment
At its March 20 public hearing, the Arlington County Board approved Greystar Real Estate Partners’ proposal to redevelop the “Landmark Block” located in the Courthouse area of Arlington County with a substantial new residential and retail mixed use building. The proposal included the sale of County-owned property on the Landmark Block to the applicant, a rezoning of the entire block from the C-3 Zoning District to the C-O Zoning District, and a new special exception site plan for the construction of a 20-story, 423-unit residential building with 17,000 square feet of ground floor retail. The applications were shepherded through the zoning review and approval process by Nan Walsh, Andrew Painter and Nicholas Cumings from Walsh Colucci.
The project is the first approved under the Courthouse Sector Plan Addendum for “Courthouse Square” that resulted from the Envision Courthouse study in 2015. It includes a number of crucial improvements including construction of a portion of the “Promenade,” a pedestrian connection running north-south through the neighborhood from Clarendon and Wilson Boulevards all the way to 14th Street North. The Promenade will function as a linear park that can host events and outdoor markets. The portion constructed with this project will set a standard for high quality, biophilic design for this new public space. The project will also make significant contributions to the development of the future Civic Square park, construct on-site affordable housing, preserve historic facades, implement numerous green building measures, and construct a number of transportation improvements in the surrounding area.
At the hearing, Nicholas Cumings, representing Greystar, remarked that the wide range of benefits provided will immediately transform this neighborhood and provide engaging and inviting new public spaces and connectivity to this centrally located block, and that the project, as the first approved under the new plan, will be an example for future development and set a standard for this corner of Arlington.
Erin L. Swisshelm Joins the Firm
Erin L. Swisshelm joins the firm as an associate for the Land Use & Zoning practice group in the Loudoun office. Prior to joining the firm, Erin was an Assistant County Attorney at the Frederick County Attorney’s office in Winchester, Virginia. Prior to working at the Frederick County Attorney’s office, Erin worked as an Assistant Prosecuting Attorney for the Berkeley County Prosecuting Attorney in Martinsburg, West Virginia. Erin attended law school at the University of Pittsburgh School of Law.
Erin is originally from Indianapolis, Indiana. In her spare time, she enjoys CrossFit and cooking. Before the pandemic, she loved seeing live music. Welcome, Erin!
