reglab/statecodes huggingface dataset:
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 III - Occupational Safety and Health Standards › Section 16VAC25-60-150 - Maritime standards

Current through Register Vol. 40, No. 24, July 15, 2024
The occupational safety or health standards adopted as
					 rules or regulations by the board either directly, or by reference, from 29 CFR
					 Part 1915, 29 CFR Part 1917, 29 CFR Part 1918 and 29 CFR Part 1919 shall apply
					 by their own terms to all public sector employers and employees engaged in
					 maritime related activities covered by the Virginia State Plan for Occupational
					 Safety and Health.
The employer shall comply with the manufacturer's
					 specifications and limitations applicable to the operation, training, use,
					 installation, inspection, testing, repair and maintenance of all machinery,
					 vehicles, tools, materials and equipment, unless specifically superseded by a
					 more stringent corresponding requirement in Part 1915, 1917, 1918 or 1919. The
					 use of any machinery, vehicle, tool, material or equipment that is not in
					 compliance with any applicable requirement of the manufacturer is prohibited,
					 and shall either be identified by the employer as unsafe by tagging or locking
					 the controls to render them inoperable or be physically removed from its place
					 of use or operation.
Statutory Authority
§§ 40.1-6 and 40.1-22 of the Code of Virginia.
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 III - Occupational Safety and Health Standards › Section 16VAC25-60-160 - General duty

Current through Register Vol. 40, No. 24, July 15, 2024
Where a recognized hazard exists that is causing or likely
					 to cause death or serious physical harm, and specific general industry,
					 construction and agricultural standards do not apply or may not exist, the
					 requirements of § 40.1-51.1(a) of the Code of Virginia shall apply to all
					 employers covered by the Virginia State Plan for Occupational Safety and
					 Health.
Statutory Authority
§ 40.1-22(5) of the Code of Virginia.
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 III - Occupational Safety and Health Standards › Section 16VAC25-60-170 - Public participation in the adoption of standards

Current through Register Vol. 40, No. 24, July 15, 2024
Interested parties, e.g., employers, employees, employee
					 representatives, and the general public, may offer written and oral comments in
					 accordance with the requirements of the public participation guidelines of
					 either the board or the department, as appropriate, regarding the adoption,
					 alteration, amendment, or repeal of any rules or regulations by the board or
					 the commissioner to further protect and promote the safety and health of
					 employees in places of employment over which the board or the commissioner have
					 jurisdiction.
Statutory Authority
§ 40.1-22(5) of the Code of Virginia.
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 III - Occupational Safety and Health Standards › Section 16VAC25-60-180 - Response to judicial action

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Any federal occupational safety or health standard, or portion of them, adopted
				  as rule or regulation by the board either directly, or by reference, and
				  subsequently stayed by an order of any federal court will not be enforced by
				  the commissioner until the stay has been lifted. Any federal standard which has
				  been administratively stayed by OSHA will continue to be enforced by the
				  commissioner until the stay has been reviewed by the board. The board will
				  consider adoption or rejection of any federal administrative stay and will also
				  subsequently review and then consider adoption or rejection of the lifting of
				  such stays by federal OSHA.
B. The
				  continued enforcement of any VOSH standard, or portion of it, which is
				  substantively identical to a federal standard that has been vacated by an order
				  of any federal court, shall be at the discretion of the commissioner until such
				  time as the standard and related federal judicial action have been reviewed by
				  the board. The board shall consider the revocation or the repromulgation of any
				  such standard.
Statutory Authority
§ 40.1-22(5) of the Code of Virginia.
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 IV - Variances › Section 16VAC25-60-190 - General provisions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
				  employer or group of employers desiring a permanent or temporary variance from
				  a standard or regulation pertaining to occupational safety and health may file
				  with the commissioner a written application which shall be subject to the
				  following policies:
1. A request for a
				  variance shall not preclude or stay a citation or bill of complaint for
				  violation of a safety or health standard;
2. No variances on record keeping
				  requirements required by the U.S. Department of Labor shall be granted by the
				  commissioner;
3. An employer, or
				  group of employers, who has applied for a variance from the U.S. Department of
				  Labor, and whose application has been denied on its merits, shall not be
				  granted a variance by the commissioner unless there is a showing of changed
				  circumstances significantly affecting the basis upon which the variance was
				  originally denied;
4. An employer
				  to whom the U.S. Secretary of Labor has granted a variance under OSHA
				  provisions shall document this variance to the commissioner. In such cases,
				  unless compelling local circumstances dictate otherwise, the variance shall be
				  honored by the commissioner without the necessity of following the formal
				  requirements which would otherwise be applicable. In addition, the commissioner
				  will not withdraw a citation for violation of a standard for which the
				  Secretary of Labor has granted a variance unless the commissioner previously
				  received notice of and decided to honor the variance; and
5. Incomplete applications will be returned
				  within 30 days to the applicant with a statement indicating the reason or
				  reasons that the application was found to be incomplete.
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 IV - Variances › Section 16VAC25-60-200 - Temporary variances

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  commissioner shall give consideration to an application for a temporary
				  variance from a standard or regulation only if the employer or group of
				  employers is unable to comply with that standard or regulation by its effective
				  date for good cause and files an application which meets the requirements set
				  forth in this section. No temporary variance shall be granted for longer than
				  the time needed to come into compliance with the standard or one year,
				  whichever is shorter.
B. A letter
				  of application for a temporary variance shall be in writing and contain the
				  following information:
1. Name and address of
				  the applicant;
2. Address of the
				  place or places of employment involved;
3. Identification of the standard or part of
				  it from which a temporary variance is sought; and
4. Evidence to establish that:
a. The applicant is unable to comply with a
				  standard by its effective date because professional or technical personnel or
				  materials and equipment needed to come into compliance with the standard are
				  unavailable, or because necessary construction or alteration of facilities
				  cannot be completed by the effective date;
b. The applicant is taking effective steps to
				  safeguard his employees against the hazards covered by the standard;
				  and
c. The applicant has an
				  effective program for coming into compliance with the standard as quickly as
				  practicable.
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 IV - Variances › Section 16VAC25-60-210 - Permanent variances

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Applications filed with the commissioner for a permanent variance from a
				  standard or regulation shall be subject to the requirements of
				  16VAC25-60-190 and the following
				  additional requirements.
B. A
				  letter of application for a permanent variance shall be submitted in writing by
				  an employer or group of employers and shall contain the following information:
1. Name and address of the
				  applicant;
2. Address of the place
				  or places of employment involved;
3. Identification of the standard, or part
				  thereof for which a permanent variance is sought; and
4. A description of the conditions,
				  practices, means, methods, operations, or processes used and evidence that
				  these would provide employment and a place of employment as safe and healthful
				  as would be provided by the standard from which a variance is sought.
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 IV - Variances › Section 16VAC25-60-220 - Interim order

Current through Register Vol. 40, No. 24, July 15, 2024
A. Application for
				  an interim order granting the variance until final action by the commissioner
				  may be made by the employer prior to, or concurrent with, the submission of an
				  application for a variance.
B. A
				  letter of application for an interim order shall include statements as to why
				  the interim order should be granted and shall include a statement that it has
				  been posted in accordance with
				  16VAC25-60-40. The provisions
				  contained in
				  16VAC25-60-190 A, B 1 and B 3
				  shall apply to applications for interim orders in the same manner as they do to
				  variances.
C. The commissioner
				  shall grant the interim order if the employer has shown by clear and convincing
				  evidence that effective methods to safeguard the safety and health of employees
				  have been implemented. No interim order shall have effect for more than 180
				  days. If an application for an interim order is granted, the employer shall be
				  so notified and it shall be a condition of the order that employees shall be
				  advised of the order in the same manner as used to inform them of the
				  application for a variance.
D. If
				  the application for an interim order is denied, the employer shall be so
				  notified with a brief statement of the reason for denial.
Statutory Authority
§ 40.1-22(5) of the Code of Virginia.
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 V - Inspections › Section 16VAC25-60-230 - Advance notice

Current through Register Vol. 40, No. 24, July 15, 2024
A. Where advance
				  notice of an inspection has been given to an employer, the employer, upon
				  request of the commissioner, shall promptly notify the authorized employee
				  representative of the inspection if the employees have such a
				  representative.
B. An advance
				  notice of a safety or health inspection may be given by the commissioner only
				  in the following circumstances:
1. In cases
				  of imminent danger;
2. Where it is
				  necessary to conduct inspections at times other than regular working
				  hours;
3. Where advance notice is
				  necessary to assure the presence of personnel needed to conduct the inspection;
				  or
4. Where the commissioner
				  determines that advance notice will insure a more effective and thorough
				  inspection.
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 V - Inspections › Section 16VAC25-60-245 - Take and preserve testimony, examine witnesses and administer oaths

Current through Register Vol. 40, No. 24, July 15, 2024
A. Subdivision 4 of
				  § 40.1-6 of the Code of Virginia authorizes the commissioner, in the
				  discharge of his duties, to take and preserve testimony, examine witnesses and
				  administer oaths. In accordance with subdivision 5 of § 40.1-6 of the Code
				  of Virginia, the Commissioner of Labor and Industry may appoint such
				  representatives as are necessary to carry out the functions outlined in
				  subdivision 4 of § 40.1-6 of the Code of Virginia. Such appointments shall
				  be made in writing; identify the individual being appointed, the length of
				  appointment, and the method of withdrawal of such appointment; and specify what
				  duties are being prescribed.
B. The
				  oath shall be administered by the commissioner's appointed representative to
				  the witness as follows: "Do you swear or affirm to tell the truth."
C. Testimony given under oath shall be
				  recorded by a court reporter.
D.
				  Questioning of employers, owners, operators, agents or employees under oath
				  shall be in private in accordance with subdivision 2 of § 40.1-49.8 of the
				  Code of Virginia.
E. An employer's
				  refusal to make an owner, operator, agent or employee available to the
				  commissioner for examination under this section shall be considered a refusal
				  to consent to the commissioner's inspection authority under § 40.1-49.8 of
				  the Code of Virginia. Upon such refusal the commissioner may seek an
				  administrative search warrant in accordance with the provisions contained in
				  §§ 40.1-49.9 through 40.1-49.12 of the Code of Virginia, and obtain
				  an order from the appropriate judge commanding the employer to make the subject
				  owner, operator, agent or employee available for examination at a specified
				  location by a date and time certain.
F. In accordance with § 40.1-10 of the
				  Code of Virginia, if any person who may be sworn to give testimony shall
				  willfully fail or refuse to answer any legal and proper question propounded to
				  him concerning the subject of the examination under § 40.1-6 of the Code
				  of Virginia, he shall be guilty of a misdemeanor. Such person, upon conviction
				  thereof, shall be fined not exceeding $100 nor less than $25 or imprisoned in
				  jail not exceeding 90 days or both. Any such refusal on the part of any person
				  to comply with this section may be referred by the Commissioner of Labor and
				  Industry to the appropriate attorney for the Commonwealth for
				  prosecution.
Statutory Authority
§ 40.1-22(5) of the Code of Virginia.
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 V - Inspections › Section 16VAC25-60-250 - Trade secrets

Current through Register Vol. 40, No. 24, July 15, 2024
The following rules shall govern the treatment of trade
					 secrets.
1. At the beginning of an
				  inspection the commissioner shall request that the employer identify any areas
				  of the worksite that may contain or reveal a trade secret. At the close of an
				  inspection the employer shall be given an opportunity to review the information
				  gathered from those areas and identify to the commissioner that information
				  which contains or may reveal a trade secret.
2. The employer shall notify the commissioner
				  prior to the case becoming a final order of any information obtained during the
				  inspection which is to be identified as containing trade secrets.
3. Properly identified trade secrets shall be
				  kept in a separate case file in a secure area not open for inspection to the
				  general public. The separate case file containing trade secrets shall be
				  protected from disclosure in accordance with § 40.1-51.4:1 of the Code of
				  Virginia.
4. Upon the request of an
				  employer, any employee serving as the walkthrough representative in an area
				  containing trade secrets shall be an employee in that area or an employee
				  authorized by the employer to enter that area. Where there is no such employee
				  representative, the commissioner will interview a reasonable number of
				  employees working in that area concerning matters of safety and
				  health.
Statutory Authority
§ 40.1-22(5) of the Code of Virginia.
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 16VAC25-60-270 - Contest of citation or proposed penalty; general proceedings

Current through Register Vol. 40, No. 24, July 15, 2024
A. An employer to
				  whom a citation, abatement order, or proposed penalty has been issued may
				  contest the citation by notifying the commissioner in writing of the contest.
				  The notice of contest must be mailed or delivered by hand within 15 working
				  days from the receipt of the citation or proposed penalty. No mistake,
				  inadvertence, or neglect on the part of the employer shall serve to extend the
				  15-working-day period in which the employer must contest.
B. The notice of contest shall indicate
				  whether the employer is contesting the alleged violation, the proposed penalty
				  or the abatement time.
C. Employees
				  may contest abatement orders by notifying the commissioner in the same manner
				  as described in subsection A of this section.
D. The employer's contest of a citation or
				  proposed penalty shall not affect the citation posting requirements of
				  16VAC25-60-40
				  unless and until the court ruling on the contest vacates the
				  citation.
E. When the commissioner
				  has received written notification of a contest of citation or proposed penalty,
				  he will attempt to resolve the matter by settlement, using the procedures of
				  16VAC25-60-330
				  and
				  16VAC25-60-340.
F. If the matter is not settled or it is
				  determined that settlement does not appear probable, the commissioner will
				  initiate judicial proceedings by referring the contested issues to the
				  appropriate Commonwealth's Attorney and arranging for the filing of a bill of
				  complaint and issuance of a subpoena to the employer.
G. A contest of the proposed penalty only
				  shall not stay the time for abatement.
Statutory Authority: §§
												40.1-2.1,
						40.1-6,
						and
						40.1-22
						of the Code of Virginia; Occupational Safety and Health Act of 1970 ( P.L.
						91-596 ).
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 16VAC25-60-280 - General contest proceedings applicable to the public sector

Current through Register Vol. 40, No. 24, July 15, 2024
A. Public employers
				  may contest citations , abatement orders, or proposed penalties by notifying
				  the commissioner in writing of the contest. The notice of contest must be
				  mailed or delivered by hand within 15 working days from receipt of the citation
				  or abatement order. No mistake, inadvertence, or neglect on the part of the
				  employer shall serve to extend the 15-working-day period during which the
				  employer may contest.
B. The notice
				  of contest shall indicate whether the public employer is contesting the alleged
				  violations, the proposed penalty, or the abatement order.
C. Public employees may contest abatement
				  orders by notifying the commissioner in the same manner as described at
				  subsection A of this section.
D.
				  The commissioner shall seek to resolve any controversies or issues rising from
				  a citation issued to any public employer in an informal conference as described
				  in
				  16VAC25-60-330.
E. The contest by a public employer shall not
				  affect the requirements to post the citation as required at
				  16VAC25-60-40
				  unless and until the commissioner's or the court ruling on the contest vacates
				  the citation. A contest of a citation may stay the time permitted for abatement
				  pursuant to §
										40.1-49.4C
				  of the Code of Virginia.
F. A
				  contest of the proposed penalty only shall not stay the time for
				  abatement.
Statutory Authority: §§
												40.1-2.1,
						40.1-6,
						and
						40.1-22
						of the Code of Virginia; Occupational Safety and Health Act of 1970 ( P.L.
						91-596 ).
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 16VAC25-60-290 - Contest proceedings applicable to political subdivisions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Where the
				  informal conference has failed to resolve any controversies arising from the
				  citation, and a timely notice of contest has been received regarding a citation
				  issued to a public employer other than the Commonwealth or one of its agencies,
				  the Commissioner of Labor and Industry shall schedule a hearing in accordance
				  with the provisions of §§ 2.2-4019 and 2.2-4021 of the Code of
				  Virginia. Upon conclusion of the hearing, the commissioner will notify all
				  participants within five working days of the decision to affirm, modify or
				  vacate the contested aspects of the citation or abatement order.
B. Public employers may appeal decisions of
				  the commissioner in the manner provided for in §§ 2.2-4025 through
				  2.2-4029 of the Code of Virginia.
C. Public employees and their authorized
				  representative have full rights to notification and participation in all
				  hearings and appeals as are given private sector employees.
D. If abatement of citations is not
				  accomplished, the commissioner shall seek injunctive relief under §
				  40.1-49.4F of the Code of Virginia.
Statutory Authority
§ 40.1-22 of the Code of Virginia.
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 16VAC25-60-300 - Contest proceedings applicable to the Commonwealth

Current through Register Vol. 40, No. 24, July 15, 2024
A. Where the informal conference has failed
				  to resolve any controversies arising from a citation issued to the Commonwealth
				  or one of its agencies, and a timely notice of contest has been received, the
				  Commissioner of Labor and Industry shall refer the case to the Governor, whose
				  written decision on the contested matter shall become a final order of the
				  commissioner.
B. Whenever the
				  Commonwealth or any of its agencies fails to abate a violation within the time
				  provided in an appropriate final order, the Commissioner of Labor and Industry
				  shall formally petition for redress as follows: For violations in the
				  Department of Law, to the Attorney General; for violations in the Office of the
				  Lieutenant Governor, to the Lieutenant Governor; for violations otherwise in
				  the executive branch, to the appropriate cabinet secretary; for violations in
				  the State Corporation Commission, to a judge of the commission; for violations
				  in the Department of Workers' Compensation, to the Chairman of the Workers'
				  Compensation Commission; for violations in the legislative branch of
				  government, to the Chairman of the Senate Committee on Commerce and Labor; for
				  violations in the judicial branch, to the chief judge of the circuit court or
				  to the Chief Justice of the Supreme Court. Where the violation cannot be timely
				  resolved by this petition, the commissioner shall bring the matter to the
				  Governor for resolution.
C. Where
				  abatement of a violation will require the appropriation of funds, the
				  commissioner shall cooperate with the appropriate agency head in seeking such
				  an appropriation; where the commissioner determines that an emergency exists,
				  the commissioner shall petition the governor for funds from the Civil
				  Contingency Fund or other appropriate source.
Statutory Authority
§§ 40.1-6 and 40.1-22 of the Code of Virginia.
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 VII - Abatement › Section 16VAC25-60-307 - Abatement verification

Current through Register Vol. 40, No. 24, July 15, 2024
A. Virginia
				  Occupational Safety and Health Program (VOSH) inspections are intended to
				  result in the abatement of violations of the Virginia Occupational Safety and
				  Health Act (§ 40.1-1 of the Code of Virginia). This section sets forth the
				  procedures VOSH will use to ensure abatement. These procedures are tailored to
				  the nature of the violation and the employer's abatement actions.
B. This section applies to employers who
				  receive a citation for a violation of the Virginia Occupational Safety and
				  Health Act.
C. Definitions.
"Abatement" means action by an employer to comply with a
					 cited standard or regulation or to eliminate a recognized hazard identified by
					 VOSH during an inspection.
"Abatement date" means:
1. For an uncontested citation item, the
				  later of:
a. The date in the citation for
				  abatement of the violation;
b. The
				  date approved by VOSH or established in litigation as a result of a petition
				  for modification of the abatement date (PMA); or
c. The date established in a citation by an
				  informal settlement agreement.
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 VII - Abatement › Section 16VAC25-60-310 - Contest of abatement period

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The employer, employees, or employee representative may, by written
				  notification to the commissioner, contest the time permitted for
				  abatement.
B. The notice of contest
				  of abatement period must be in writing and shall have been delivered by hand or
				  mailed to the commissioner within 15 working days from the date of the receipt
				  of the citation and order of abatement.
C. The same procedures and requirements used
				  for contest of citation and penalty, set forth at
				  16VAC25-60-270,
				  16VAC25-60-280,
				  16VAC25-60-290, and
				  16VAC25-60-300, shall apply to
				  contests of abatement period.
D.
				  The time permitted for abatement, if contested in good faith and not merely for
				  delay, does not begin to run until the entry of a final order of the circuit
				  court.
Statutory Authority
§ 40.1-22(5) of the Code of Virginia.
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 VII - Abatement › Section 16VAC25-60-320 - Extension of abatement time

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Where an extension of abatement is sought concerning a final order of the
				  commissioner or of a court, the extension can be granted as an exercise of the
				  enforcement discretion of the commissioner. While the extension is in effect
				  the commissioner will not seek to cite the employer for failure to abate the
				  violation in question. The employer shall carry the burden of proof to show
				  that an extension should be granted.
B. The commissioner will consider a written
				  petition for an extension of abatement time if the petition is mailed to or
				  received by the commissioner prior to the expiration of the established
				  abatement time.
C. A written
				  petition requesting an extension of abatement time shall include the following
				  information:
1. All steps taken by the
				  employer, and the dates such actions were taken, in an effort to achieve
				  compliance during the prescribed abatement period;
2. The specific additional abatement time
				  necessary in order to achieve compliance;
3. The reasons such additional time is
				  necessary, such as the unavailability of professional or technical personnel or
				  of materials and equipment, or because necessary construction or alteration of
				  facilities cannot be completed by the original abatement date;
4. All available interim steps being taken to
				  safeguard the employees against the cited hazard during the abatement period;
				  and
5. A certification that a copy
				  of the petition has been posted and served on the authorized representative of
				  affected employees, if there is one, in accordance with
				  16VAC25-60-40, and a certification
				  of the date upon which such posting and service was made.
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 VIII - Review and Settlement › Section 16VAC25-60-330 - Informal conference

Current through Register Vol. 40, No. 24, July 15, 2024
A. An
				  informal conference may be held for the purpose of discussing any issue raised
				  by the inspection, citation, abatement order, proposed penalty, notice of
				  contest, or any other disputed issue.
B. The employer, an employee, or an employee
				  representative may request an informal conference. Neither the conference nor a
				  request for a conference shall stay the running of time allowed for abatement
				  of a cited violation or the time allowed for filing a notice of contest of the
				  citation, abatement period or proposed penalty.
C. The informal conference will be held by
				  the commissioner. However, other personnel of the Department of Labor and
				  Industry, Department of Health, and any other state department or agency may
				  participate as deemed necessary.
D.
				  The time and location of the informal conference shall be at the discretion of
				  the commissioner, except that the conference shall not be held at the
				  employer's work site.
E. An
				  employee representative shall be given the opportunity to participate in a
				  conference requested by the employer. This same right will be extended to the
				  employer when an informal conference is requested by employees. It is the duty
				  of the employer, if he has requested a conference, to notify the employees by
				  the means described in
				  16VAC25-60-40 as soon as the time
				  and place of the conference have been established. Upon granting an employee
				  request for a conference, the commissioner is responsible for notifying the
				  employer. The commissioner, at his discretion, may conduct separate portions of
				  the conference with the employer and employee representative.
F. During or following the conference the
				  commissioner may affirm or amend the citations, penalties, or abatement period
				  if the order has not become final. The commissioner shall notify the employer
				  in writing of his decision. The employer shall notify employees of this
				  decision in the manner set forth in
				  16VAC25-60-40.
G. The failure to request an informal
				  conference before the expiration of 15 working days does not preclude
				  settlement at a later stage of the proceedings if a notice of contest has been
				  timely filed.
Statutory Authority
§ 40.1-22(5) of the Code of Virginia.
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 VIII - Review and Settlement › Section 16VAC25-60-340 - Settlement

Current through Register Vol. 40, No. 24, July 15, 2024
A. Settlement
				  negotiations may be held for the purpose of resolving any dispute regarding an
				  inspection, citation, order of abatement, proposed penalty, or any other matter
				  involving potential litigation. Settlement is encouraged at any stage of a
				  proceeding until foreclosed by an order becoming final. It is the policy of the
				  commissioner that the primary goal of all occupational safety and health
				  activity is the protection of worker safety, health and welfare; all
				  settlements shall be guided by this policy.
B. Settlement negotiations will ordinarily
				  take place in the medium of an informal conference. Employees shall be given
				  notice of scheduled settlement discussions and shall be given opportunity to
				  participate in the manner provided for in
				  16VAC25-60-330 E.
C. Where a settlement with the employer is
				  reached before the 15th working day after receipt of a citation, order of
				  abatement, or proposed civil penalty, and no notice of contest has been filed,
				  the commissioner shall forthwith prepare a settlement agreement noting any
				  changes to the citation, order of abatement, or proposed civil penalty, as
				  agreed. The agreement shall contain a statement to the following effect: " As
				  part of the written agreement, the employer has waived his right to file a
				  notice of contest to this order. This agreement shall not be construed as an
				  admission by the employer of civil liability for any violation alleged by the
				  commissioner."
D. Following receipt
				  of an employer's timely notice of contest, the commissioner will immediately
				  notify the appropriate Commonwealth's Attorney and may delay the initiation of
				  judicial proceedings until settlement opportunities have been exhausted.
1. During this period, the commissioner may
				  agree to amend the citation, order of abatement, or proposed civil penalty. The
				  settlement agreement shall contain a statement to the following effect: " The
				  employer, by his signature below, agrees to withdraw his notice of contest
				  filed in this matter and not to contest the amended citation. This agreement
				  shall not be construed as an admission by the employer of civil liability for
				  any violation alleged by the commissioner."
2. At the end of this period, if settlement
				  negotiations are not successful, the commissioner will initiate judicial
				  proceedings by causing a bill of complaint to be filed and turning over the
				  contested case to the Commonwealth's Attorney.
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 VIII - Review and Settlement › Form - FORMS (16VAC25-60)

Current through Register Vol. 40, No. 24, July 15, 2024
Supplementary Record of Occupational Injuries and
					 Illnesses, OSHA 101 (eff. 2/81).
Log and Summary of Injuries and Illnesses, OSHA
					 200.
Notice to Employees of An Informal Conference Between Your
					 Employer and VOSH, VOSH-NIC (eff. 10/92).
Notice of Alleged Imminent Danger, VAOSH-8 (eff.
					 1/85).
Sample Abatement Certification Letter (Nonmandatory), Form
					 A (16VAC25-60-307 ) (eff.
					 12/15/97).
Sample Abatement Plan or Progress Report (Nonmandatory),
					 Form B (16VAC25-60-307 ) (eff.
					 12/15/97).
Sample Warning Tag (Nonmandatory), Form C (16VAC25-60-307 ) (eff.
					 12/15/97).
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 70 - VIRGINIA CONFINED SPACE STANDARD FOR THE TELECOMMUNICATIONS INDUSTRY › Section 16VAC25-70-20 - Scope and application

Current through Register Vol. 40, No. 24, July 15, 2024
A. This
				chapter prescribes basic mandatory practices and procedures which employers
				must establish and use for employee entry into and work within confined
				spaces.
B. This chapter applies to
				all employers with employees covered by
				29 CFR
				1910.268.
Statutory Authority
§ 40.1-22(5) of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 70 - VIRGINIA CONFINED SPACE STANDARD FOR THE TELECOMMUNICATIONS INDUSTRY › Section 16VAC25-70-30 - Preparation

Current through Register Vol. 40, No. 24, July 15, 2024
Entry into a confined space shall not be made unless the
				  qualified person has assured that the following procedures have first been
				  completed.
A. All pumps or lines which
				may convey flammable, injurious, or incapacitating substances into a space
				shall be disconnected, blinded, double blocked and bled, or effectively
				isolated by other means to prevent the development of dangerous levels of air
				contamination or oxygen deficiency within the space. The closing of valves
				alone, or the closing of valves and locking or tagging them, is not considered
				effective protection. The disconnection or blind shall be so located or done in
				such a manner that inadvertent reconnection of the line or removal of the blind
				are effectively prevented.
B. All
				fixed mechanical devices and equipment that are capable of causing injury shall
				be placed at zero mechanical state (ZMS). Electrical equipment, excluding
				lighting, shall be locked out in the open (off) position with a key-type
				padlock except in cases where locking is impossible; in such cases equipment
				shall be properly tagged in accordance with
				16VAC25-90-1910.145(f). The key
				shall remain with the person working inside the confined space.
C. All confined spaces shall be emptied,
				flushed, or otherwise purged of flammable, injurious, or incapacitating
				substances to the extent feasible. Initial cleaning shall be done from outside
				the confined space to the extent feasible.
D. Where the existence of a hazardous
				atmosphere is demonstrated by tests performed by the qualified person, the
				confined space shall be mechanically ventilated until the concentration of the
				hazardous substances is reduced to a safe level, and ventilation shall be
				continued as long as the recurrence of the hazards is possible or appropriate
				personal protective equipment, as defined in Subpart I of the Virginia
				Standards for General Industry (16VAC25-90-1910 ) and
				Subpart E of the Virginia Standards for Construction Industry (16VAC25-175-1926 ), shall be used
				by all employees during entry. The mechanical ventilation shall be located in
				an unconfined space with the blower intake away from traffic and sources of
				exhaust fumes and the blower exhaust away from the confined space opening. The
				blower shall be located a minimum of five feet from the confined space opening
				to avoid returning purged air into the confined space.
E. When the confined space entry occurs on a
				public thoroughfare, warning devices, barricades, and traffic cones shall be
				used for the protection of workers and shall conform to the American National
				Standards Institute D6.1-1978, "Manual on Uniform Traffic Control Devices for
				Streets and Highways."
Statutory Authority
§ 40.1-22(5) of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 70 - VIRGINIA CONFINED SPACE STANDARD FOR THE TELECOMMUNICATIONS INDUSTRY › Section 16VAC25-70-40 - Atmospheric testing

Current through Register Vol. 40, No. 24, July 15, 2024
A. Where
				mechanical ventilation is utilized in accordance with subsection C, the
				qualified person shall assure that each confined space into which an employee
				may be required to enter is tested immediately prior to entry using direct
				reading instruments or go/no-go instruments with preset values, with remote
				sampling capacity for the following conditions:
1. Potential flammable hazard; and
2. Toxic materials known or expected to be
				present.
In the absence of mechanical ventilation as specified in
				  subsection C, the qualified person shall also test for oxygen levels prior to
				  entry. The testing of the atmosphere for a particular toxic material is not
				  necessary where the presence of that material is known by virtue of a previous
				  test and appropriate personal protective equipment to protect against that
				  material is utilized.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 70 - VIRGINIA CONFINED SPACE STANDARD FOR THE TELECOMMUNICATIONS INDUSTRY › Section 16VAC25-70-50 - Attendants and rescue teams

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				qualified person shall evaluate each confined space that an employee may be
				required to enter by identifying and evaluating the hazards and potential
				hazards of that space. The qualified person then may allow an employee to make
				an unaccompanied, non-attendant entry into a confined space which has no
				potential for engulfment or IDLH atmosphere, and only low potential for
				hazardous atmosphere, provided the requirements of
				16VAC25-70-40 C are met.
B. An attendant shall be stationed
				immediately outside every confined space which has been found to have an IDLH
				atmosphere, a hazardous atmosphere or a potential for engulfment. The attendant
				shall be trained as directed by
				16VAC25-70-70 A 2, be within sight
				or call of the entrant, and have the means available to summon
				assistance.
C. Rescue teams shall
				be available where the confined space has been found to have an IDLH
				atmosphere, a hazardous atmosphere or a potential for engulfment.
Statutory Authority
§ 40.1-22(5) of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 70 - VIRGINIA CONFINED SPACE STANDARD FOR THE TELECOMMUNICATIONS INDUSTRY › Section 16VAC25-70-60 - Permit systems

Current through Register Vol. 40, No. 24, July 15, 2024
A. The employer
				shall develop and implement a written entry permit system for all confined
				space entries which includes a written permit procedure that provides the
				following minimum information:
1. The minimum
				acceptable environmental conditions which are acceptable to the employer for
				entry and work in the confined space;
2. A record of atmospheric test results
				conducted prior to entry and at least hourly thereafter when an attendant is
				required;
3. The last calibration
				dates for the oxygen detector and combustible gas indicator being
				used;
4. The signature of the
				qualified person responsible for securing the permit and reviewing conditions
				prior to entry;
5. A written
				description of the location and type of work to be done;
6. Each permit shall be dated and carry an
				expiration time of not more than 12 hours; the permit may be extended for
				another 12-hour period pending recertification of acceptable
				conditions.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 70 - VIRGINIA CONFINED SPACE STANDARD FOR THE TELECOMMUNICATIONS INDUSTRY › Section 16VAC25-70-70 - Training

Current through Register Vol. 40, No. 24, July 15, 2024
A. The employer
				shall inform his employees of the hazards of working in confined spaces by
				providing specific training to employees before they may be authorized to enter
				a confined space.
1. General. The employer
				shall assure that the qualified person and all employees who may be required to
				enter a confined space have received training covering the following subjects:
a. Hazard recognition;
b. Use of respiratory protection equipment if
				the use of such equipment will be required. Training requirements are specified
				in 16VAC25-90-1910.134;
c. Use of atmospheric testing devices for
				those employees required to perform atmospheric tests. Training shall cover
				field checks as specified by the manufacturer, normal use, and specific
				limitations of the equipment;
d.
				Lockout and tagging procedures;
e.
				Use of special equipment and tools;.
f. Emergency and rescue methods and
				procedures.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 70 - VIRGINIA CONFINED SPACE STANDARD FOR THE TELECOMMUNICATIONS INDUSTRY › Section 16VAC25-70-80 - Special equipment and tools

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				No sources of ignition shall be introduced into a confined space until the
				implementation of the appropriate provision of this section has ensured that
				dangerous air contamination due to flammable or explosive substances, or both,
				does not exist.
B. All electrical
				cords, tools, and equipment shall be inspected for visually detectable defects
				before use in a confined space. In the absence of low voltage circuits and
				equipment or double insulated tools, equipment shall be of the heavy duty
				insulation type or ground fault circuit interrupters shall be used. Temporary
				lighting shall conform with
				16VAC25-175-1926.405(a)(2)(ii)(G).
C. No fan or other equipment used for
				removing flammable gases or vapors shall create an ignition hazard.
D. Cylinders of compressed gases shall never
				be taken into a confined space, and shall be turned off at the cylinder valve
				when not in use. When to be left unattended, the torch and hose shall be
				removed from the confined space. Open end fuel gas and oxygen hoses shall be
				immediately removed from enclosed spaces when they are disconnected from the
				torch or other gas-consuming device.
Exempt from this rule are cylinders that are part of
				  self-contained breathing apparatus or resuscitation equipment.
Statutory Authority
§ 40.1-22(5) of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 70 - VIRGINIA CONFINED SPACE STANDARD FOR THE TELECOMMUNICATIONS INDUSTRY › Section 16VAC25-70-90 - Tripods, safety harnesses, retrieval lines and respiratory protection

Current through Register Vol. 40, No. 24, July 15, 2024
A. Where the
				existence of an IDLH atmosphere, a hazardous atmosphere or potential for
				engulfment has been demonstrated by the qualified person, the following
				requirements shall also apply:
1. An
				appropriate retrieval device with retrieval line shall be used by any entrants,
				except where the retrieval lines themselves could cause a hazard because of
				structures, equipment, or becoming entangled with other lines inside the
				confined space. Where a retrieval line is used, the free end of the retrieval
				line shall be secured outside the entry opening either by another person
				holding the line or by securing it in some other manner.
2. When entry is made through a top opening,
				a hoisting device such as a tripod shall be provided for lifting employees out
				of the space.