Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 60 - ADMINISTRATIVE REGULATION FOR THE VIRGINIA OCCUPATIONAL SAFETY AND HEALTH PROGRAM › Part VI - Citation and Penalty › Section 16VAC25-60-260 - Issuance of citation and proposed penalty

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each citation shall be in writing and
				  describe with particularity the nature of the violation, including a reference
				  to the appropriate safety or health provision of Title 40.1 of the Code of
				  Virginia or the appropriate rule, regulation, or standard. In addition, the
				  citation must fix a reasonable time for abatement of the violation. The
				  commissioner shall have authority to propose penalties for cited violations in
				  accordance with §
										40.1-49.4
				  of the Code of Virginia and this chapter. The citation will contain
				  substantially the following: "NOTICE: This citation will become a final order
				  of the commissioner unless contested within fifteen working days from the date
				  of receipt by the employer." The citation may be delivered to the employer or
				  the employer's agent by the commissioner or may be sent by certified mail or by
				  personal service to an officer or agent of the employer or to the registered
				  agent if the employer is a corporation.
No citation may be issued after the expiration of six
					 months following the occurrence of any alleged violation. The six-month
					 timeframe is deemed to be tolled on the date the citation is issued by the
					 commissioner, without regard for when the citation is received by the employer.
					 For purposes of calculating the six-month timeframe for citation issuance, the
					 following requirements shall apply:
1.
				  The six-month timeframe begins to run on the day after the incident or event
				  occurred or notice was received by the commissioner (as specified in
				  subdivisions 1 through 5 of this subsection), in accordance with §
											1-210A
				  of the Code of Virginia. The word "month" shall be construed to mean one
				  calendar month in accordance with §
											1-223 of the Code of
				  Virginia.
2. An alleged violation
				  is deemed to have "occurred" on the day it was initially created by commission
				  or omission on the part of the creating employer, and every day thereafter that
				  it remains in existence uncorrected.
3. Notwithstanding subdivision 1 of this
				  subsection, if an employer fails to notify the commissioner within eight hours
				  of any work-related incident resulting in a fatality or within 24 hours of any
				  work-related incident resulting in (i) the in-patient hospitalization of one or
				  more persons, (ii) an amputation, or (iii) the loss of any eye, as required by
				  §
											40.1-51.1D
				  of the Code of Virginia, the six-month timeframe shall not be deemed to
				  commence until the commissioner receives actual notice of the
				  incident.
4. Notwithstanding
				  subdivision 1 of this subsection, if the commissioner is first notified of a
				  work-related incident resulting in an injury or illness to an employee through
				  receipt of an Employer's Accident Report (EAR) form from the Virginia Workers'
				  Compensation Commission as provided in §
											65.2-900
				  of the Code of Virginia, the six-month timeframe shall not be deemed to
				  commence until the commissioner actually receives the EAR form.
5. Notwithstanding subdivision 1 of this
				  subsection, if the commissioner is first notified of a work-related hazard, or
				  incident resulting in an injury or illness to an employee, through receipt of a
				  complaint in accordance with
				  16VAC25-60-100 or
				  referral, the six-month timeframe shall not be deemed to commence until the
				  commissioner actually receives the complaint or referral.