reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.1 - Boiler and Pressure Vessel Safety Act › § 40.1-51.7. Installations, repairs and alterations to conform to rules and regulations; existing installations

(a) No boiler or pressure vessel which does not conform to the rules and regulations of the Board governing new construction and installation and which has been certified by the Board shall be installed or operated in this Commonwealth after twelve months from July 1, 1973. Prior to such date no boiler or pressure vessel shall be installed and operated unless it is in conformity with the rules and regulations established pursuant to this chapter which were in existence on July 1, 1972.
(b) This chapter shall not be construed as in any way preventing the use, sale or reinstallation of a boiler or pressure vessel constructed prior to July 1, 1972, provided it has been made to conform to the rules and regulations of the Board governing existing installations prior to its reinstallation or operation.
(c) Repairs and alterations shall conform to the rules and regulations set forth by the Board.
1972, c. 237; 1974, c. 195; 1986, c. 211.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.1 - Boiler and Pressure Vessel Safety Act › § 40.1-51.9. Employment and appointment of inspectors and other personnel; inspections; reports

The Commissioner is authorized to employ persons to enforce the provisions of this chapter and the regulations of the Board. He shall be authorized to require examinations or other information which he deems necessary to aid him in determining the fitness, competency, and professional or technical expertise of any applicant to perform the duties and tasks to be assigned.
The Commissioner is authorized to appoint a Chief Inspector and to certify special inspectors who shall meet all qualifications set forth by the Commissioner and the Board. Special inspectors shall be authorized to inspect specified premises and without cost or expense to the Commonwealth. Reports of all violations of the regulations or of this chapter shall be immediately made to the Commissioner. Other reports shall be made as required by the Commissioner.
1972, c. 237; 1974, c. 195; 1995, c. 97.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.1 - Boiler and Pressure Vessel Safety Act › § 40.1-51.9:1. Examination of inspectors; certificate of competency required

A. All applicants for the position of inspector authorized by § 40.1-51.9 shall be required to have successfully completed an examination monitored by the Examining Board and to have received a certificate of competency from the Commissioner prior to commencing their duties. A fee as set under subsection A of § 40.1-51.15 shall be charged each applicant taking the inspector's examination.
B. Each inspector holding a valid certificate of competency and who conducts inspections, as provided by this chapter, shall be required to obtain an identification card biennially, not later than June 30 of the year in which the identification card is required. Application for the identification card shall be made on forms furnished by the Department upon request. Each application shall be submitted to the Department, accompanied by a post-office money order or check drawn to the order of the Treasurer of Virginia in the amount as set under subsection A of § 40.1-51.15.
1974, c. 195; 1986, c. 266; 1997, c. 212.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.1 - Boiler and Pressure Vessel Safety Act › § 40.1-51.9:2. Financial responsibility requirements for contract fee inspectors

A. Contract fee inspectors inspecting or certifying regulated boilers or pressure vessels in the Commonwealth shall maintain evidence of their financial responsibility, including compensation to third parties, for bodily injury and property damage resulting from, or directly relating to, an inspector's negligent inspection or recommendation for certification of a boiler or pressure vessel.
B. Documentation of financial responsibility, including documentation of insurance or bond, shall be provided to the Chief Inspector within thirty days after certification of the inspector. The Chief Inspector may revoke an inspector's certification for failure to provide documentation of financial responsibility in a timely fashion.
C. The Safety and Health Codes Board is authorized to promulgate regulations requiring contract fee inspectors, as a condition of their doing business in the Commonwealth, to demonstrate financial responsibility sufficient to comply with the requirements of this chapter. Regulations governing the amount of any financial responsibility required by the contract fee inspector shall take into consideration the type, capacity and number of boilers or pressure vessels inspected or certified.
D. Financial responsibility may be demonstrated by self-insurance, insurance, guaranty or surety, or any other method approved by the Board, or any combination thereof, under the terms the Board may prescribe. A contract fee inspector whose financial responsibility is accepted by the Board under this subsection shall notify the Chief Inspector at least thirty days before the effective date of the change, expiration, or cancellation of any instrument of insurance, guaranty or surety.
E. Acceptance of proof of financial responsibility shall expire on the effective date of any change in the inspector's instrument of insurance, guaranty or surety, or the expiration date of the inspector's certification. Application for renewal of acceptance of proof of financial responsibility shall be filed thirty days before the date of expiration.
F. The Chief Inspector, after notice and opportunity for hearing, may revoke his acceptance of evidence of financial responsibility if he determines that acceptance has been procured by fraud or misrepresentation, or a change in circumstances has occurred that would warrant denial of acceptance of evidence of financial responsibility under this section or the requirements established by the Board pursuant to this section.
G. It is not a defense to any action brought for failure to comply with the requirement to provide acceptable evidence of financial responsibility that the person charged believed in good faith that the owner or operator of an inspected boiler or pressure vessel possessed evidence of financial responsibility accepted by the Chief Inspector or the Board.
1996, c. 294.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.1 - Boiler and Pressure Vessel Safety Act › § 40.1-51.10:1. Issuance of certificates; charges

The Commissioner may designate special inspectors and contract fee inspectors to issue inspection certificates for boilers and pressure vessels they have inspected. If no defects are found or when the boiler or pressure vessel has been corrected in accordance with regulations, the designated special inspector or contract fee inspector shall issue a certificate on forms furnished by the Department. The designated special inspector or contract fee inspector shall collect the inspection certificate fee required under § 40.1-51.10 at the time of the issuance of the certificate and forward the fee and a duplicate of the certificate to the chief inspector immediately.
Each designated special inspector or contract fee inspector may charge a fee as set under subsection A of § 40.1-51.15 for each certificate issued, but the charge shall not be mandatory. No charge shall be made unless the inspector has previously contracted therefor.
1997, c. 212.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.1 - Boiler and Pressure Vessel Safety Act › § 40.1-51.11. Suspension of inspection certificate; injunctive relief

A. The Commissioner or his authorized representative may at any time suspend an inspection certificate when, in his opinion, the boiler or pressure vessel for which it was issued, cannot be operated without menace to the public safety, or when the boiler or pressure vessel is found not to comply with the rules and regulations herein provided. Each suspension of an inspection certificate shall continue in effect until such boiler or pressure vessel shall have been made to conform to the rules and regulations of the Board, and until such inspection certificate shall have been reinstated. No boiler or pressure vessel shall be operated during the period of suspension.
B. Notwithstanding any other provision of this chapter to the contrary, in the event of violation of any provision of this chapter or the regulations promulgated thereunder, the Board or the Commissioner may petition any appropriate court of record for relief by injunction, without being compelled to allege or prove that an adequate remedy at law does not exist.
1972, c. 237; 1981, c. 39; 2000, c. 728.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.1 - Boiler and Pressure Vessel Safety Act › § 40.1-51.11:1. Owner-user inspection agencies

Any person, firm, partnership or corporation operating pressure vessels in this Commonwealth may seek approval and registration as an owner-user inspection agency by filing an application with the chief inspector on forms prescribed and available from the Department, and request approval by the Board. Each application shall be accompanied by a fee as set under subsection A of § 40.1-51.15 and a bond in the penal sum of $5,000 which shall continue to be valid during the time the approval and registration of the company as an owner-user inspection agency is in effect. Applicants meeting the requirements of the rules and regulations for approval as owner-user inspection agencies will be approved and registered by the Board. The Board shall withdraw the approval and registration as an owner-user inspection agency of any person, firm, partnership or corporation which fails to comply with all rules and regulations applicable to owner-user inspection agencies. Each owner-user inspection agency shall file an annual statement as required by the rules and regulations, accompanied by a filing fee as set under subsection A of § 40.1-51.15.
1974, c. 195; 1986, c. 266; 1997, c. 212.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.1 - Boiler and Pressure Vessel Safety Act › § 40.1-51.12. Violation for operating boiler or pressure vessel without inspection certificate; civil penalty

A. After twelve months following July 1, 1972, it shall be unlawful for any person, firm, partnership or corporation to operate in this Commonwealth a boiler or pressure vessel without a valid inspection certificate. Any owner, user, operator or agent of any such person who actually operates or is responsible for operating such boiler or pressure vessel thereof who operates a boiler or pressure vessel without such inspection certificate, or at a pressure exceeding that specified in such inspection certificate shall be in violation of this section and subject to a civil penalty not to exceed $100. Each day of such violation shall be deemed a separate offense.
B. All procedural rights guaranteed to employers pursuant to § 40.1-49.4 shall apply to penalties under this section.
C. Investigation and enforcement for violations of this section shall be carried out by the Department of Labor and Industry. Civil penalties imposed for violations of this section shall be paid into the general fund.
1972, c. 237; 1995, c. 97.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.1 - Boiler and Pressure Vessel Safety Act › § 40.1-51.13. Posting of certificate

Certificates shall be posted in the room containing the boiler or pressure vessel inspected. If the boiler or pressure vessel is not located within the building the certificate shall be posted in a location convenient to the boiler or pressure vessel inspected, or in any place where it will be accessible to interested parties.
1972, c. 237; 1990, c. 226.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.1 - Boiler and Pressure Vessel Safety Act › § 40.1-51.14. When inspection certificate for insured boiler or pressure vessel invalid

No inspection certificate issued for an insured boiler or pressure vessel based upon a report of a special inspector shall be valid after the boiler or pressure vessel for which it was issued shall cease to be insured by a company duly authorized to issue policies of insurance in this Commonwealth.
1972, c. 237.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.1 - Boiler and Pressure Vessel Safety Act › § 40.1-51.15. Fees

A. The Safety and Health Codes Board shall establish fees required under this chapter. Following the close of any biennium, when the account for the Safety and Health Codes Board shows expenses allocated to it for the past biennium to be more than ten percent greater or less than moneys collected on behalf of the Board, it shall revise the fees levied by it for licensure and renewal thereof so that the fees are sufficient but not excessive to cover expenses. Such revisions, and the underlying rationale, shall be included in the Department's Annual Report submitted pursuant to § 40.1-4.1.
B. The owner or user of a boiler or pressure vessel required by this chapter to be reviewed shall pay directly to the Commissioner, upon completion of inspection, fees in accordance with the following schedule:
1. Conducting or participating in reviews and surveys of boiler or pressure vessel manufacturers or repair organizations for the purpose of national accreditation, shall be charged a fee as set under subsection A per review or survey.
2. a. All other inspections, including variance reviews, emergency repair reviews, and reviews of secondhand or used boilers or pressure vessels made by the Commissioner or his appointed representative shall be charged a fee as set under subsection A.
b. "Secondhand" shall mean an object which has changed ownership and location after primary use.
C. The Commissioner shall transfer all fees so received to the State Treasurer for deposit into the general fund of the state treasury.
1972, c. 237; 1985, c. 40; 1986, c. 266; 1988, c. 289; 1993, c. 544; 1995, c. 97; 1997, c. 212.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.1 - Boiler and Pressure Vessel Safety Act › § 40.1-51.15:1. Only one inspection necessary

Inspection under the provisions of this chapter shall constitute compliance with and shall be in lieu of any boiler or pressure vessel inspection required by Chapter 6 (§ 36-97 et seq.) of Title 36.
1980, c. 464; 1992, c. 3.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.1 - Boiler and Pressure Vessel Safety Act › § 40.1-51.16. Appeals

Any person aggrieved by an order or an act of the Board or Commissioner under this chapter may appeal such order or act to the Board pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.). Final orders of the Board may be appealed pursuant to the Administrative Process Act.
1972, c. 237; 1986, c. 615; 1988, c. 289.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.1 - Boiler and Pressure Vessel Safety Act › § 40.1-51.17. Effect of chapter on local ordinances and regulations

Nothing in this chapter shall be construed as repealing any valid local ordinance or regulation now in effect adopted pursuant to general law or charter provision; provided, however, that if any such ordinance or regulation is less strict than any standard rule or regulation promulgated or adopted by the Board, then such ordinance or regulation shall be superseded by the applicable standard or regulation of the Board except as provided in § 40.1-51.19.
1972, c. 237.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.1 - Boiler and Pressure Vessel Safety Act › § 40.1-51.19. Variances

Upon application pursuant to the provisions of subdivision (9) of § 40.1-6, the Commissioner may allow variances from a specific regulation provided the applicant proves by clear and convincing evidence his boiler or pressure vessel meets substantially equivalent operating criteria and standards.
1972, c. 237; 1990, c. 226.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.1 - Boiler and Pressure Vessel Safety Act › § 40.1-51.19:1. Definitions

As used in this article:
"Hobby boiler" means any boiler used solely for demonstration, exhibition, ceremonial or educational purposes, including but not limited to, historical artifacts such as portable and stationary show boilers, farm traction engines, and locomotives.
"Model boiler" means any boiler fabricated to demonstrate an original design or to reproduce or replicate a historic artifact, and used primarily for demonstration, exhibition, or educational purposes.
1999, c. 335; 2000, c. 898.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.1 - Boiler and Pressure Vessel Safety Act › § 40.1-51.19:4. Operations and maintenance

A. A hobby or model boiler must be attended by a person reasonably competent to operate such boiler when in operation. For the purposes of this section, a hobby or model boiler may be considered as not being in operation when all of the following conditions exist:
1. The water level is at least one-third of the water gauge glass;
2. The fire is banked and the draft doors closed or the fire is extinguished; and
3. The boiler pressure is at least twenty pounds per square inch below the lowest safety valve set pressure.
B. All welding performed on hobby or model boilers shall be done by an "R" stamp holder in accordance with the inspection code of the National Board of Boiler and Pressure Vessel Inspectors.
C. Repairs to longitudinal riveted joints are prohibited.
1999, c. 335; 2000, c. 898.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.1 - Boiler and Pressure Vessel Safety Act › § 40.1-51.19:4.1. Variances

Upon application pursuant to the provisions of subdivision 9 of § 40.1-6, the Commissioner may allow variances from a specific statutory requirement of this article provided the applicant proves by clear and convincing evidence his hobby or model boiler meets substantially equivalent construction and operating criteria and standards.
2000, cc. 879, 898.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.1 - Boiler and Pressure Vessel Safety Act › § 40.1-51.19:5. Civil penalty

A. It shall be unlawful for any person, firm, partnership or corporation to operate in the Commonwealth a hobby or model boiler without a valid certificate. Any such person shall be subject to a civil penalty as provided by § 40.1-51.12.
B. Any owner or user who leaves or causes to leave a hobby or model boiler unattended while in operation at an event to which members of the general public are invited shall be in violation of this article and subject to a civil penalty not to exceed $5,000. Each instance of such violation shall be deemed a separate offense.
1999, c. 335; 2000, c. 898.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.2 - Asbestos Notification › § 40.1-51.20. Duties of licensed asbestos and certified lead contractors

A. A licensed asbestos contractor and any certified lead contractor shall notify the Department of Labor and Industry at least twenty days prior to commencement of each asbestos or lead project. Notification shall be sent in a manner prescribed by the Department of Labor and Industry. The Department of Labor and Industry shall have the authority to waive all or any part of the twenty-day notice.
B. A licensed asbestos contractor or certified lead contractor shall obtain an asbestos or lead project permit from the Department of Labor and Industry prior to commencing each asbestos or lead project in accordance with this chapter and shall pay directly to the Commissioner a fee as established by the Safety and Health Codes Board pursuant to the Administrative Process Act (§ 2.2-4000 et seq.). The fees shall be sufficient but not excessive to cover the cost of administering the program. All fees collected pursuant to this section shall be paid into a special fund in the state treasury to the credit of the Department of Labor and Industry and shall be used in carrying out the Department's mission under this chapter.
The provisions of this subsection shall not apply to asbestos projects in residential buildings as defined by the Board in regulations adopted pursuant to the Administrative Process Act (§ 2.2-4000 et seq.).
C. A licensed asbestos contractor or certified lead contractor shall keep a record of each asbestos or lead project performed and shall make the record available to the Departments of Professional and Occupational Regulation and of Labor and Industry upon request. Records required by this section shall be kept for at least thirty years. The records shall include:
1. The name, address, and asbestos or lead supervisor's license or certification number of the individual who supervised the asbestos or lead project and each employee or agent who worked on the project;
2. The location and description of the project and the amount of asbestos or lead material that was removed;
3. The starting and completion dates of each project and a summary of the procedures that were used to comply with all federal and state standards; and
4. The name and address of each disposal site where waste containing asbestos or lead was deposited, the results of the lead toxicity characteristic test, and the disposal site receipts.
1992, c. 477; 1995, cc. 543, 585; 1996, cc. 180, 846.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.2 - Asbestos Notification › § 40.1-51.21. Annual inspections

At least once a year, during an actual project, the Department of Labor and Industry shall conduct an on-site unannounced inspection of each licensed asbestos contractor's, licensed RFS contractor's, and certified lead contractor's procedures in regard to installing, removing and encapsulating asbestos and lead. The Commissioner or an authorized representative shall have the power and authority to enter at reasonable times upon any property for this purpose.
1992, c. 477; 1995, cc. 543, 585.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.2 - Asbestos Notification › § 40.1-51.22. Enforcement of chapter

A. Any person who commits the following violations of this chapter shall be subject to a civil penalty of up to $1,000 for an initial violation and $5,000 for each subsequent violation:
1. Failure to provide the notification required by § 40.1-51.20;
2. Improper notification as required by § 40.1-51.20. Improper notification shall include, but not be limited to, failing to provide required fees, intentionally failing to complete all required sections of the form, failing to properly amend a notification and providing information on the form; or
3. Any violations of safety or health provisions of Title 40.1 or any standard, rule or regulation adopted pursuant thereto, discovered during an inspection conducted pursuant to § 40.1-51.21 shall be enforced separately pursuant to § 40.1-49.4.
All procedural rights guaranteed to employers pursuant to § 40.1-49.4 shall apply to the penalties set under this section.
B. Investigation and enforcement for violations of this chapter shall be carried out by the Department of Labor and Industry. Prosecutions under this chapter shall be the responsibility of the Office of the Attorney General of Virginia. Civil penalties imposed for violation of this chapter shall be paid into the general fund.
1992, c. 477.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.3 - Virginia Asbestos NESHAP Act › § 40.1-51.23. Definitions

As used in this chapter, which may be cited as the Virginia Asbestos NESHAP Act, the following terms shall have the meanings set forth in this section unless the context requires a different meaning:
"Asbestos" means any material containing more than one percent of asbestos by weight, which is friable or which has a reasonable chance of becoming friable in the course of ordinary or anticipated building use.
"Board" means the Safety and Health Codes Board.
"Commissioner" means the Commissioner of Labor and Industry or his authorized representative.
"Department" means the Department of Labor and Industry.
"National Emissions Standards for Hazardous Air Pollutants" or "NESHAP" means those portions of the regulations contained in 40 CFR Part 61 under the federal Clean Air Act which deal with the demolition and renovation of asbestos facilities. The following list of sections of the CFR are included in the Board's authority but do not limit it: §§ 61.140; 61.141; 61.145; 61.146; 61.148; 61.150, except subsection (a) (4); 61.154, except subsection (d); and 61.156.
"Owner" means any person who owns, leases, operates, controls, or supervises the facility being demolished, renovated, sprayed, or insulated; any person who owns, leases, operates, controls, or supervises the demolition, renovation, spraying, or insulation operation; or both.
1992, c. 541.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.3 - Virginia Asbestos NESHAP Act › § 40.1-51.24. Department authorized to enter certain agreements

The Department is hereby authorized to:
1. Make and enter into all contracts and agreements necessary or incidental to the performance of the Department's duties and the execution of its powers under this chapter including, but not limited to, contracts with the United States, other states, agencies, and governmental subdivisions of the Commonwealth.
2. Accept grants from the United States government, its agencies and instrumentalities, and any other source. To these ends, the Department shall have the power to comply with such conditions and execute such agreements as may be necessary and desirable.
1992, c. 541.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.3 - Virginia Asbestos NESHAP Act › § 40.1-51.25. Safety and Health Codes Board to formulate rules, regulations, etc.

A. The Board is authorized to formulate definitions, rules, regulations and standards which shall be designed to ensure the proper demolition and renovation of asbestos facilities and effect compliance with the asbestos NESHAP requirements of the federal Environmental Protection Agency. Such standards shall be at least as stringent as the asbestos regulations passed pursuant to § 112 of the Clean Air Act. The regulations shall not promote or encourage any substantial degradation of present air quality in any air basin or region which has an air quality superior to that stipulated in the regulations of the Department of Air Pollution Control. Any regulations adopted by the Board to have general effect in part or all of the Commonwealth shall be filed in accordance with the Virginia Register Act (§ 2.2-4100 et seq.).
B. The Board in making regulations and in approving variances, and the courts in granting injunctive relief under the provisions of this chapter, shall consider facts and circumstances relevant to the reasonableness of the activity involved and the regulations proposed to control it, including:
1. The character and degree of injury to, or interference with, safety, health, or the reasonable use of property which is caused or threatened to be caused;
2. The social and economic value of the activity involved;
3. The suitability of the activity to the area in which it is located; and
4. The scientific and economic practicality of reducing or eliminating the discharge resulting from such activity.
1992, c. 541.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.3 - Virginia Asbestos NESHAP Act › § 40.1-51.26. Commissioner of Labor and Industry to enforce laws

The Commissioner of Labor and Industry shall have the authority to:
1. Supervise, administer, and enforce the provisions of this chapter and regulations of the Board;
2. Receive complaints as to asbestos NESHAP violations;
3. Hold or cause to be held hearings and enter orders diminishing or abating the causes of air pollution and orders to enforce regulations pursuant to § 40.1-51.28;
4. Institute legal proceedings, including suits for injunctions for the enforcement of his orders, regulations of the Board, and for the enforcement of penalties;
5. Investigate any violations of this chapter and regulations;
6. Require that asbestos NESHAP records and reports be made available upon request, and require owners to develop, maintain, and make available such other records and information as are deemed necessary for the proper enforcement of this chapter and regulation; and
7. Upon presenting appropriate credentials to the owner, operator, or agent in charge:
a. Enter without delay and at reasonable times any business establishment, construction site, or other area, workplace, or environment in this Commonwealth, subject to federal security requirements; and
b. Inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, without prior notice, unless such notice is authorized by the Commissioner or his representative, any such business establishment or place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and question privately any such employer, officer, owner, operator, agent, or employee. If such entry or inspection is refused, prohibited, or otherwise interfered with, the Commissioner shall have the power to seek an order compelling such entry or inspection, pursuant to § 40.1-49.9.
1992, c. 541.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.3 - Virginia Asbestos NESHAP Act › § 40.1-51.28. Issuance of special orders

A. The Commissioner shall have the power to issue special orders to:
1. Owners who are permitting or causing asbestos NESHAP violations, to cease and desist from such violation;
2. Owners who have violated or failed to comply with the terms and provisions of any order of the Commissioner, to comply with such terms and provisions;
3. Owners who have contravened duly adopted asbestos NESHAP standards and regulations, to cease such contravention and to comply with air quality standards and policies; and
4. Require any owner to comply with the provisions of this chapter.
B. Such special orders are to be issued only after a hearing with reasonable notice to the affected owners of the time, place and purpose thereof, and they shall become effective not less than five days after service as provided in subsection C. Should the Commissioner find that any such owner is unreasonably affecting the public health, safety or welfare, the health of animal or plant life, or property, after a reasonable attempt to give notice, he shall declare a state of emergency and may issue without a hearing an emergency special order directing the owner to cease such pollution immediately, and shall within ten days hold a hearing, after reasonable notice as to the time and place thereof to the owner to affirm, modify, amend or cancel such emergency special order. If the Commissioner finds that an owner who has been issued a special order or an emergency special order is not complying with the terms thereof, he may proceed in accordance with § 40.1-51.35 or § 40.1-51.39.
C. Any special order issued under the provisions of this section need not be filed with the Secretary of the Commonwealth, but the owner to whom such special order is directed shall be notified by certified mail, return receipt requested, sent to the last known address of such owner, or by personal delivery by an agent of the Commissioner, and the time limits specified shall be counted from the date of receipt.
D. Nothing in this section or in § 40.1-51.26 shall limit the Commissioner's authority to proceed against such owner directly under § 40.1-51.35 or § 40.1-51.39 without the prior issuance of an order, special, or otherwise.
1992, c. 541.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.3 - Virginia Asbestos NESHAP Act › § 40.1-51.29. Decision of Commissioner pursuant to hearing

Any decision by the Commissioner rendered pursuant to hearings under § 40.1-51.28 shall be reduced to writing and shall contain the explicit findings of fact and conclusions of law upon which the decision is based. Certified copies of the written decisions shall be delivered or mailed by certified mail to the parties affected by it. Failure to comply with this section shall render such decision invalid.
1992, c. 541.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.3 - Virginia Asbestos NESHAP Act › § 40.1-51.30. Appeal to Board

Any owner aggrieved by a final decision of the Commissioner under § 40.1-51.28 may file a notice of appeal to the Board within fifteen days. Such notice shall be in writing and addressed to the Commissioner.
1992, c. 541.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.3 - Virginia Asbestos NESHAP Act › § 40.1-51.31. Penalties for noncompliance; judicial review

A. The Board is authorized to promulgate regulations providing for the determination of a formula for the basis of the amount of any noncompliance penalty to be assessed by a court pursuant to subsection B hereof, in conformance with the requirements of § 120 of the federal Clean Air Act, as amended, and any regulations promulgated thereunder. Any regulations promulgated pursuant to this section shall be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
B. Upon a determination of the amount by the Commissioner, the Commissioner shall petition the circuit court of the county or city wherein the owner subject to such noncompliance assessment resides, regularly or systematically conducts affairs or business activities, or where such owner's property affected by the administrative action is located for an order requiring payment of a noncompliance penalty in a sum the court deems appropriate.
C. Any order issued by a court pursuant to this section may be enforced as a judgment of the court. All sums collected, less the assessment and collection costs, shall be paid into the general fund of the state treasury.
D. Any penalty assessed under this section shall be in addition to permits, fees, orders, payments, sanctions, or other requirements under this chapter and shall in no way affect any civil or criminal enforcement proceedings brought under other provisions of this chapter.
1992, c. 541.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.3 - Virginia Asbestos NESHAP Act › § 40.1-51.32. Owners to furnish plans, specifications and information

Every owner which the Commissioner has reason to believe is causing, or may be about to cause, an asbestos NESHAP problem shall on request of the Commissioner furnish such plans, specifications and information as may be required by the Commissioner in the discharge of his duties under this chapter. Any information, except emission data, as to secret processes, formulae or methods of manufacture or production shall not be disclosed in a public hearing and shall be kept confidential. If samples are taken for analysis, a duplicate of the analytical report shall be furnished promptly to the person from whom such sample is requested.
1992, c. 541.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.3 - Virginia Asbestos NESHAP Act › § 40.1-51.33. Protection of trade secrets

Any information, except emissions data, reported to or otherwise obtained by the Commissioner which contains or might reveal a trade secret shall be confidential and shall be limited to those persons who need such information for purposes of enforcement of this chapter or the federal Clean Air Act or regulations and orders of the Commissioner. It shall be the duty of each owner to notify the Commissioner of the existence of trade secrets when he desires the protection provided herein.
1992, c. 541.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.3 - Virginia Asbestos NESHAP Act › § 40.1-51.34. Right of entry

Whenever it is necessary for the purposes of this chapter, the Commissioner may at reasonable times enter any establishment or upon any property, public or private, subject to federal security requirements, to obtain information or conduct surveys or investigations.
1992, c. 541.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.3 - Virginia Asbestos NESHAP Act › § 40.1-51.35. Compelling compliance with regulations and orders of Board; penalty for violations

A. Any owner violating or failing, neglecting or refusing to obey any asbestos NESHAP regulation or order of the Commissioner may be compelled to comply by injunction, mandamus or other appropriate remedy.
B. Without limiting the remedies which may be obtained under this section, any owner violating or failing, neglecting or refusing to obey any Board regulation or order or any provision of this chapter shall be subject, in the discretion of the court, to a civil penalty not to exceed $25,000 for each violation. Each day of violation shall constitute a separate offense. In determining the amount of any civil penalty to be assessed pursuant to this subsection, the court shall consider, in addition to such other factors as it may deem appropriate, the size of the owner's business, the severity of the economic impact of the penalty on the business, and the seriousness of the violation. Such civil penalties shall be paid into the state treasury.
C. With the consent of an owner who has violated or failed, neglected or refused to obey any asbestos NESHAP regulation or order or any provision of this chapter, the Commissioner may provide, in any order issued by the Commissioner against the owner, for the payment of civil charges in specific sums, not to exceed the limit of subsection B. Such civil charges shall be in lieu of any civil penalty which could be imposed under subsection B and shall be paid into the state treasury.
1992, c. 541.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.3 - Virginia Asbestos NESHAP Act › § 40.1-51.37. Appeal from decision of Board

Any owner aggrieved by a final decision of the Board under § 40.1-51.30 or of the Commissioner under subdivision 4 of § 40.1-51.26 is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
1992, c. 541.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.3 - Virginia Asbestos NESHAP Act › § 40.1-51.38. Appeal to Court of Appeals

The Commonwealth or any party aggrieved by any final decision of the judge shall have, regardless of the amount involved, the right to appeal to the Court of Appeals. The procedure shall be the same as that provided by law concerning appeals and supersedeas.
1992, c. 541.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.3 - Virginia Asbestos NESHAP Act › § 40.1-51.39. Penalties; chapter not to affect right to relief or to maintain action

A. Any owner violating any provision of this chapter, Board regulation, or order of the Commissioner shall upon conviction be guilty of a misdemeanor and shall be subject to a fine of not more than $1,000 for each violation within the discretion of the court. Each day of continued violation after conviction shall constitute a separate offense.
B. Nothing in this chapter shall be construed to abridge, limit, impair, create, enlarge or otherwise affect substantively or procedurally the right of any person to damages or other relief on account of injury to persons or property.
1992, c. 541.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.3 - Virginia Asbestos NESHAP Act › § 40.1-51.40. Duty of attorney for the Commonwealth

It shall be the duty of every attorney for the Commonwealth to whom the Commissioner has reported any violation of this chapter or any regulation or order of the Board, to cause proceedings to be prosecuted without delay for the fines and penalties in such cases.
1992, c. 541.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 3.3 - Virginia Asbestos NESHAP Act › § 40.1-51.41. Local ordinances

A. Existing local ordinances adopted prior to July 1, 1972, shall continue in force; however, in the event of a conflict between a Board regulation, promulgated pursuant to this chapter, and a local ordinance, the Board regulation shall govern, except when the conflicting local ordinance is more stringent.
B. The governing body of any locality proposing to adopt an ordinance, or an amendment to an existing ordinance, relating to areas covered by asbestos NESHAP after June 30, 1972, shall first obtain the approval of the Board as to the provisions of the ordinance or amendment. The Board shall not approve any local ordinance less stringent than the pertinent regulations of the Board.
1992, c. 541.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-52. Authority of labor unions to own, encumber and sell real estate

The trustees of any unincorporated association organized for mutual benefit and chartered as a labor union for the purpose of collective bargaining and other lawful functions of labor unions, as defined by the laws of this Commonwealth, and having a duly authorized charter as a local labor union, from either a state or national labor organization, shall have the right to own, possess, improve, sell or mortgage real estate. Such real estate can be acquired for any lawful purpose whatsoever.
Property acquired by an unincorporated association under the provisions of this section can be sold, mortgaged or the title transferred by such trustees in the same manner and to the same extent as if such trustees were natural persons acting for themselves in their individual capacity, under the laws of this Commonwealth.
The provisions of this section shall apply to any real estate acquired prior to July 1, 1997, by any such unincorporated association, provided such real estate is real estate that could be legally acquired by such unincorporated association, if acquired after such date.
Code 1950, § 40-63; 1966, c. 382; 1970, c. 321; 1997, c. 761.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-53. Preventing persons from pursuing lawful vocations, etc.; illegal picketing; injunction

No person shall singly or in concert with others interfere or attempt to interfere with another in the exercise of his right to work or to enter upon the performance of any lawful vocation by the use of force, threats of violence or intimidation, or by the use of insulting or threatening language directed toward such person, to induce or attempt to induce him to quit his employment or refrain from seeking employment.
No person shall engage in picketing by force or violence, or picket alone or in concert with others in such manner as to obstruct or interfere with free ingress or egress to and from any premises, or obstruct or interfere with free use of public streets, sidewalks or other public ways.
Any person violating any of the provisions of this section shall be guilty of a misdemeanor, and punished accordingly.
Notwithstanding the punishments herein provided any court of general equity jurisdiction may enjoin picketing prohibited by this section, and in addition thereto, may enjoin any picketing or interference with lawful picketing when necessary to prevent disorder, restrain coercion, protect life or property, or promote the general welfare.
Code 1950, § 40-64; 1952, c. 674; 1970, c. 321; 1974, c. 254.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-54. Payment of certain charges by carriers or shippers to or for benefit of labor organization

(1) As used in this section, the term "labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.
(2) It shall be unlawful for any carrier or shipper of property, or any association of such carriers or shippers, to agree to pay, or to pay, to or for the benefit of a labor organization, directly or indirectly, any charge by reason of the placing upon, delivery to, or movement by rail, or by a railroad car, of a motor vehicle, trailer, or container which is also capable of being moved or propelled upon the highways, and any such agreement shall be void and unenforceable.
(3) It shall be unlawful for any labor organization to accept or receive from any carrier or shipper of property, or any association of such carriers or shippers, any payment described above.
(4) Any corporation, association, organization, firm or person who agrees to pay, or who does pay, or who agrees to receive, or who does receive, any payment described hereinabove shall be guilty of a misdemeanor and shall be fined not less than $100 nor more than $1,000 for each offense. Each act of violation, and each day during which such an agreement remains in effect, shall constitute a separate offense.
Code 1950, § 40-64.1; 1962, c. 376; 1970, c. 321.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-54.1. Public policy as to strikes and work stoppages at hospitals

It is hereby declared to be the public policy of the Commonwealth that hospitals shall be free from strikes, and work stoppages.
Code 1950, § 40-64.2; 1970, c. 720.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-54.2. Strikes and work stoppages at hospitals prohibited; penalty

No employee of any hospital shall engage in any strike or work stoppage at such hospital which in any way interferes with the operation of such hospital.
Any person violating any of the provisions of this section shall be guilty of a misdemeanor and punished accordingly.
Notwithstanding the penalties herein provided, any court of general equity jurisdiction may enjoin conduct proscribed by this section.
Code 1950, § 40-64.3; 1970, c. 720.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-54.3. Right to vote by secret ballot on labor organization representation

A. As used in this section, "labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.
B. In any procedure providing for the designation, selection, or authorization of a labor organization to represent employees, the right of an individual employee to vote by secret ballot in such a procedure is a fundamental right that shall be guaranteed from infringement.
2013, c. 484.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-55. Employee striking terminates, and becomes temporarily ineligible for, public employment

A. Any employee of the Commonwealth, or of any county, city, town or other political subdivision thereof, or of any agency of any one of them, who, in concert with two or more other such employees, for the purpose of obstructing, impeding or suspending any activity or operation of his employing agency or any other governmental agency, strikes or willfully refuses to perform the duties of his employment shall, by such action, be deemed to have terminated his employment and shall thereafter be ineligible for employment in any position or capacity during the next 12 months by the Commonwealth, or any county, city, town or other political subdivision of the Commonwealth, or by any department or agency of any of them.
B. The provisions of subsection A shall apply to any employee of any county, city, or town or local school board without regard to any local ordinance or resolution adopted pursuant to § 40.1-57.2 by such county, city, or town or school board that authorizes its employees to engage in collective bargaining.
Code 1950, § 40-65; 1970, c. 321; 2020, cc. 1209, 1276.