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 16VAC25-60-130 - Construction industry standards

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The occupational safety or health standards adopted as rules or regulations by
				  the Virginia Safety and Health Codes Board either directly, or by reference,
				  from 29 CFR Part 1926 shall apply by their own terms to all employers and
				  employees engaged in either construction work or construction related
				  activities covered by the Virginia State Plan for Occupational Safety and
				  Health.
B. 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				  specifically superseded by a more stringent corresponding requirement in 29 CFR
				  Part 1926. 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.
C.
				  For the purposes of the applicability of such Part 1926 standards, the key
				  criteria utilized to make such a decision shall be the activities taking place
				  at the worksite, not the primary business of the employer. Construction work
				  shall generally include any building, altering, repairing, improving,
				  demolishing, painting or decorating any structure, building, highway, or
				  roadway and any draining, dredging, excavation, grading or similar work upon
				  real property. Construction also generally includes work performed in
				  traditional construction trades such as carpentry, roofing, masonry work,
				  plumbing, trenching and excavating, tunneling, and electrical work.
				  Construction does not include maintenance, alteration or repair of mechanical
				  devices, machinery, or equipment, even when the mechanical device, machinery or
				  equipment is part of a pre-existing structure.
D. The employer shall comply with the
				  Virginia Department of Transportation (VDOT) Work Area Protection Manual in
				  lieu of the federal Manual on Uniform Traffic Control Devices (Part VI of the
				  MUTCD, 2009 Edition, Revision 1 dated May 2012 and Revision 2 dated May 2012,
				  or Part VI of the MUTCD, Millennium Edition - referenced in
				  16VAC25-175-1926.200
				  and
				  16VAC25-175-1926.201)
				  when working under a contract for construction, repair, or maintenance between
				  the employer and the Commonwealth; agencies, authorities, or instrumentalities
				  of the Commonwealth; or any political subdivision or public body of the
				  Commonwealth when such contract stipulates employer compliance with the VDOT
				  Work Area Protection Manual in effect at the time of contractual
				  agreement.
E. Certain standards of
				  29 CFR Part 1910 have been determined by federal OSHA to be applicable to
				  construction and have been adopted for this application by the board.
F. The standards adopted from 29 CFR Part
				  1910.19 and 29 CFR Part 1910.20 containing respectively, special provisions
				  regarding air contaminants and requirements concerning access to employee
				  exposure and medical records shall apply to construction work as well as
				  general industry.
Statutory Authority: §
												40.1-22
						of the Code of Virginia; Occupational Safety and Health Act of 1970 ( P.L.
						91-596 ).