reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 50 - REGULATION GOVERNING THE EMPLOYMENT OF MINORS ON FARMS, IN GARDENS AND IN ORCHARDS › Section 16VAC15-50-20 - Hazardous occupations

Current through Register Vol. 40, No. 24, July 15, 2024
This section identifies the occupations on farms, in gardens,
				  and in orchards which are particularly hazardous for minors under 16 years of
				  age. No employer shall employ, suffer, or permit a minor under 16 years of age
				  to work in any of the following occupations, deemed to be particularly
				  hazardous, except as provided in
				  16VAC15-50-30:
1. Operating a tractor of over 20 PTO
				horsepower, or connecting or disconnecting an implement or any of its parts to
				or from such a tractor.
2.
				Operating or assisting to operate (including starting, stopping, adjusting,
				feeding, or any other activity involving physical contact associated with the
				operation) any of the following machines:
a.
				Corn picker, cotton picker, grain combine, hay mower, forage harvester, hay
				baler, potato digger, or mobile pea viner;
b. Feed grinder, crop dryer, forage blower,
				auger conveyor, or the unloading mechanism of a nongravity-type self-unloading
				wagon or trailer; or
c. Power
				post-hole digger, power post driver, or nonwalking type rotary
				tiller.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 50 - REGULATION GOVERNING THE EMPLOYMENT OF MINORS ON FARMS, IN GARDENS AND IN ORCHARDS › Section 16VAC15-50-30 - Exemptions to hazardous occupations

Current through Register Vol. 40, No. 24, July 15, 2024
A. This section provides exemptions to the
				restrictions on hazardous occupations on farms, in gardens and in orchards set
				forth in 16VAC15-50-20.
B.
									16VAC15-50-20 shall not apply to
				the employment of a child below the age of 16 by his parent or by a person
				standing in the place of his parent on a farm owned or operated by such parent
				or person.
C. Student learners.
Minors 14 years and 15 years of age are exempted from the
				  occupations listed in subdivisions 1 through 5 of
				  16VAC15-50-20 when each of the
				  following requirements are met:
1. A
				student-learner is enrolled in a vocational education training program in
				agriculture under a recognized state or local educational authority, or in a
				substantially similar program conducted by a private school;
2. Such student-learner is employed under a
				written agreement which provides that:
a. The
				work of the student-learner is incidental to his training;
b. Such work shall be intermittent, for short
				periods of time, and under the direct and close supervision of a qualified and
				experienced person;
c. Safety
				instruction shall be given by the school and correlated by the employer with
				on-the-job training; and
d. A
				schedule of organized and progressive work processes to be performed on the job
				have been prepared;
3.
				Such written agreement contains the name of the student-learner, and is signed
				by the employer and by a person authorized to represent the educational
				authority or school; and
4. Copies
				of each such agreement are kept on file by both the educational authority or
				school and by the employer.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 50 - REGULATION GOVERNING THE EMPLOYMENT OF MINORS ON FARMS, IN GARDENS AND IN ORCHARDS › Section 16VAC15-50-40 - Record keeping requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Every employer (other than parents or guardians standing in
				  the place of parents employing their own child or a child in their custody) who
				  employs in agriculture any minor under 16 years of age on days when school is
				  in session or on any day if the minor is employed in a hazardous occupation
				  shall maintain and preserve records containing the following data with respect
				  to each and every such minor so employed:
1. Name in full,
2. Place where minor lives while employed. If
				the minor's permanent address is elsewhere, give both addresses.
3. Date of birth.
Statutory Authority
§§ 40.1-6(3), 40.1-100A 9, and 40.1-114 of the
					 Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 50 - REGULATION GOVERNING THE EMPLOYMENT OF MINORS ON FARMS, IN GARDENS AND IN ORCHARDS › Section 16VAC15-50-50 - Nonapplicability of general industry regulations to agriculture

Current through Register Vol. 40, No. 24, July 15, 2024
The Virginia Rules and Regulations Declaring Hazardous
				  Occupations,
				  16VAC15-30-10 et seq., shall not
				  apply to any occupation on farms, in gardens and in orchards.
Statutory Authority
§§ 40.1-6(3), 40.1-100A 9, and 40.1-114 of the
					 Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 60 - REGULATION GOVERNING ON-THE-JOB TRAINING PROGRAMS OR OTHER TRAINING PROGRAMS › Section 16VAC15-60-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings, unless the context clearly indicates
				  otherwise:
"Approved apprenticeship program" means any program that has
				  received approval from a federal or state apprenticeship agency.
"Employee" means any person or individual who is enrolled in
				  an established employer on-the-job training program for a period not to exceed
				  90 days that meets standards set by this chapter.
"Employer" means any individual, partnership, association,
				  corporation, or business trust or any person or group of persons acting
				  directly or indirectly in the interest of an employer in relation to an
				  employee. "Employer" includes the Commonwealth, any of its agencies,
				  institutions, or political subdivisions, and any public body.
"Good faith effort" means done honestly, objectively, and
				  with no deliberate intent to defraud.
"Limited responsibility" means job duties that are
				  substantially less than the expectations for a worker who has achieved a
				  sufficient degree of technical skill and has completed a job training
				  program.
"Reasonable expectation" means a fair and sensible belief
				  that something will happen.
"Seasonal employee" means an employee in an occupation that
				  can be carried out only at certain seasons or fairly definite periods of the
				  year and that does not include such occupations as may be carried on through an
				  entire year.
"Similar or related experience" means knowledge or skill in a
				  particular job or activity gained because the person has done that job or
				  activity or a comparable job or activity for a meaningful period of
				  time.
"Sufficient degree of technical skill" means the ability to
				  use the processes, practices, techniques, or tools of a particular area of
				  expertise enough to meet the purpose and requirements of the job.
"Temporary employee" means an employee supplied to a host
				  employer and paid by a staffing agency whether or not the job is actually
				  temporary.
Statutory Authority: §§
											40.1-6 and
					 40.1-28.10 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 60 - REGULATION GOVERNING ON-THE-JOB TRAINING PROGRAMS OR OTHER TRAINING PROGRAMS › Section 16VAC15-60-20 - Requirements for job training programs

Current through Register Vol. 40, No. 24, July 15, 2024
Beginning May 1, 2021, an employee enrolled in an established
				  on-the-job or other training program may, for the first 90 calendar days after
				  start of employment, be paid a training wage of not less than the federal
				  minimum wage or 75% of the minimum hourly wage specified at §
									40.1-28.10 of the Code of
				  Virginia, whichever is greater, provided the following conditions are
				  met:
1. The employee has been hired in
				and is receiving training for an occupation in which the employee has no
				previous similar or related experience;
2. The employer is not utilizing the employee
				being paid the training wage in a manner that causes, induces, encourages, or
				assists any displacement or partial displacement of any currently employed
				worker, including:
a. By displacing any
				previous recipient of the training wage;
b. By reducing hours of a currently employed
				worker;
c. By replacing a current
				or laid off employee with a trainee; or ]
d. In a manner that replaces, supplants,
				competes with, or duplicates any approved apprenticeship program;
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 20 - APPRENTICESHIP COUNCIL › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 16VAC20-11-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment or repeal of the regulations of the
					 Apprenticeship Council. This chapter does not apply to regulations, guidelines,
					 or other documents exempted or excluded from the provisions of the
					 Administrative Process Act (§ 2.2-4000 et seq. of the Code of
					 Virginia).
Statutory Authority
§§ 2.2-4007.02 and 40.1-117 of the Code of
						Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 20 - APPRENTICESHIP COUNCIL › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 16VAC20-11-30 - Notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall
				  maintain a list of persons who have requested to be notified of regulatory
				  actions being pursued by the agency.
B. Any person may request to be placed on a
				  notification list by registering as a public user on the Town Hall or by making
				  a request to the agency. Any person who requests to be placed on a notification
				  list shall elect to be notified either by electronic means or through a postal
				  carrier.
C. The agency may maintain
				  additional lists for persons who have requested to be informed of specific
				  regulatory issues, proposals, or actions.
D. When electronic mail is returned as
				  undeliverable on multiple occasions at least 24 hours apart, that person may be
				  deleted from the list. A single undeliverable message is insufficient cause to
				  delete the person from the list.
E.
				  When mail delivered by a postal carrier is returned as undeliverable on
				  multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those
				  persons on the notification list to indicate their desire to either continue to
				  be notified electronically, receive documents through a postal carrier, or be
				  deleted from the list.
Statutory Authority
§§ 2.2-4007.02 and 40.1-117 of the Code of
						Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 20 - APPRENTICESHIP COUNCIL › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 16VAC20-11-40 - Information to be sent to persons on the notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. To persons electing to receive electronic
				  notification or notification through a postal carrier as described in
				  16VAC20-11-30, the agency shall
				  send the following information:
1. A notice of
				  intended regulatory action (NOIRA).
2. A notice of the comment period on a
				  proposed, a reproposed, or a fast-track regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013C of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 20 - APPRENTICESHIP COUNCIL › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC20-11-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to (i) submit data, views, and
				  arguments, either orally or in writing, to the agency; and (ii) be accompanied
				  by and represented by counsel or other representative. Such opportunity to
				  comment shall include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 20 - APPRENTICESHIP COUNCIL › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC20-11-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  provided in § 2.2-4007 of the Code of Virginia, any person may petition
				  the agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 20 - APPRENTICESHIP COUNCIL › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC20-11-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 20 - APPRENTICESHIP COUNCIL › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC20-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 20 - APPRENTICESHIP COUNCIL › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC20-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 and 40.1-117 of the Code of
						Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 20 - APPRENTICESHIP COUNCIL › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC20-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 20 - APPRENTICESHIP COUNCIL › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC20-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 20 - APPRENTICESHIP COUNCIL › Chapter 21 - REGULATIONS GOVERNING THE ADMINISTRATION OF APPRENTICESHIP PROGRAMS IN THE COMMONWEALTH OF VIRGINIA › Section 16VAC20-21-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter establishes procedures and standards for the
				  approval and registration of apprenticeship programs and agreements in
				  accordance with Chapter 6 (§ 40.1-117 et seq.) of Title 40.1 of the Code
				  of Virginia and includes the cancellation and deregistration of apprenticeship
				  programs and apprenticeship agreements, the recognition of the Department of
				  Labor and Industry as the authorized agency for registering apprenticeship
				  programs for certain federal purposes, and other matters relating thereto. It
				  is intended to (i) ensure that all apprenticeship training programs registered
				  with the Department of Labor and Industry are of the highest possible quality
				  in all aspects of on-the-job learning and related instruction, (ii) safeguard
				  the welfare of apprentices, (iii) and provide meaningful employment and
				  relevant training for all apprentices.
Statutory Authority: § 40.1-118 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 20 - APPRENTICESHIP COUNCIL › Chapter 21 - REGULATIONS GOVERNING THE ADMINISTRATION OF APPRENTICESHIP PROGRAMS IN THE COMMONWEALTH OF VIRGINIA › Section 16VAC20-21-30 - Eligibility for registration of programs and agreements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Eligibility for registration of an
				apprenticeship program for various federal purposes is conditioned upon a
				program's conformity with the apprenticeship program standards of this chapter.
				For a program to be determined by the United States Secretary of Labor as being
				in conformity with the published standards, the program must apply for
				registration with the department. The determination by the commissioner that
				the program meets the apprenticeship program standards is effectuated only
				through such registration.
B. Only
				an apprenticeship program or agreement that meets all of the following criteria
				is eligible for registration:
1. Conformity
				with the requirements of this chapter and the training is in an apprenticeable
				occupation having the characteristics in
				16VAC20-21-40.
2. Conformity with the requirements of the
				council and the Virginia State Plan for Equal Employment Opportunity in
				Apprenticeship.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 20 - APPRENTICESHIP COUNCIL › Chapter 21 - REGULATIONS GOVERNING THE ADMINISTRATION OF APPRENTICESHIP PROGRAMS IN THE COMMONWEALTH OF VIRGINIA › Section 16VAC20-21-40 - Criteria for apprenticeable occupations

Current through Register Vol. 40, No. 24, July 15, 2024
An apprenticeable occupation is one that is specified by
				  industry and has all of the following characteristics:
1. It involves skills customarily learned in
				a practical way through a structured, systematic program of on-the-job
				supervised learning.
2. It is
				clearly identified and commonly recognized throughout an industry.
3. It involves the progressive attainment of
				manual, mechanical, or technical skills and knowledge that in the industry
				standard for the occupation would require the completion of at least 2,000
				hours of on-the-job learning to attain.
4. It requires related instruction to
				supplement the on-the-job learning experience.
Statutory Authority: § 40.1-118 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 20 - APPRENTICESHIP COUNCIL › Chapter 21 - REGULATIONS GOVERNING THE ADMINISTRATION OF APPRENTICESHIP PROGRAMS IN THE COMMONWEALTH OF VIRGINIA › Section 16VAC20-21-60 - Program performance standards

Current through Register Vol. 40, No. 24, July 15, 2024
A. Every registered apprenticeship program
				must have at least one registered apprentice, except for the following
				specified periods of time, which may not exceed one year:
1. Between the date when a program is
				registered and the date of registration of its first apprentice; or
2. Between the date that a program graduates
				an apprentice and the date of registration for the next apprentice in the
				program.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 20 - APPRENTICESHIP COUNCIL › Chapter 21 - REGULATIONS GOVERNING THE ADMINISTRATION OF APPRENTICESHIP PROGRAMS IN THE COMMONWEALTH OF VIRGINIA › Section 16VAC20-21-70 - Apprenticeship agreements

Current through Register Vol. 40, No. 24, July 15, 2024
The apprenticeship agreement must contain explicitly or by
				  reference:
1. Names and signatures of
				the contracting parties (apprentice and the program sponsor or employer) and
				the signature of a parent or guardian if the apprentice is a minor.
2. The date of birth and, on a voluntary
				basis, social security number of the apprentice.
3. Contact information of the program sponsor
				and the department.
4. A statement
				of the occupation in which the apprentice is to be trained and the beginning
				date and term (duration) of apprenticeship.
5. A statement showing:
a. The number of hours to be spent by the
				apprentice in work on the job in a time-based program; a description of the
				skill sets to be attained by completion of a competency-based program,
				including the on-the-job learning component; or the minimum number of hours to
				be spent by the apprentice and a description of the skill sets to be attained
				by completion of the hybrid program.
b. The number of hours to be spent in related
				instruction in technical subjects related to the occupation, which is
				recommended to be not less than 144 hours per year.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 20 - APPRENTICESHIP COUNCIL › Chapter 21 - REGULATIONS GOVERNING THE ADMINISTRATION OF APPRENTICESHIP PROGRAMS IN THE COMMONWEALTH OF VIRGINIA › Section 16VAC20-21-80 - Procedure for deregistration of a registered program

Current through Register Vol. 40, No. 24, July 15, 2024
A. Deregistration of a program may be
				effected (i) upon the voluntary action of the sponsor by submitting a request
				to the department for cancellation of the registration in accordance with
				subsection B of this section or (ii) upon reasonable cause, by the department
				instituting formal deregistration proceedings in accordance with subsection C
				of this section.
B. Deregistration
				at the request of the sponsor. The department may cancel the registration of an
				apprenticeship program by written acknowledgment of such request stating the
				following:
1. The registration is canceled at
				the sponsor's request and the effective date thereof.
2. That, within 15 days of the date of the
				acknowledgment, the sponsor will notify all apprentices of such cancellation
				and the effective date; that such cancellation automatically deprives the
				apprentice of individual registration; that the deregistration of the program
				removes the apprentice from coverage for federal purposes that require the
				commissioner's approval of an apprenticeship program; and that all apprentices
				are referred to the department for information about potential transfer to
				other registered apprenticeship programs.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 20 - APPRENTICESHIP COUNCIL › Chapter 21 - REGULATIONS GOVERNING THE ADMINISTRATION OF APPRENTICESHIP PROGRAMS IN THE COMMONWEALTH OF VIRGINIA › Section 16VAC20-21-90 - Reinstatement of program registration

Current through Register Vol. 40, No. 24, July 15, 2024
Any apprenticeship program deregistered under
				  16VAC20-21-80 may be reinstated
				  upon presentation of adequate evidence that the apprenticeship program is
				  operating in accordance with this chapter. Such evidence must be presented to
				  the department.
Statutory Authority: § 40.1-118 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 20 - APPRENTICESHIP COUNCIL › Chapter 21 - REGULATIONS GOVERNING THE ADMINISTRATION OF APPRENTICESHIP PROGRAMS IN THE COMMONWEALTH OF VIRGINIA › Section 16VAC20-21-100 - Hearings for deregistration

Current through Register Vol. 40, No. 24, July 15, 2024
All hearings for deregistration will be held by USDOL in
				  accordance with 29 CFR
				  29.10.
Statutory Authority: § 40.1-118 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 20 - APPRENTICESHIP COUNCIL › Chapter 21 - REGULATIONS GOVERNING THE ADMINISTRATION OF APPRENTICESHIP PROGRAMS IN THE COMMONWEALTH OF VIRGINIA › Section 16VAC20-21-110 - Limitations

Current through Register Vol. 40, No. 24, July 15, 2024
Nothing in this chapter or in any apprenticeship agreement
				  will operate to invalidate:
1. Any
				apprenticeship provision in any collective bargaining agreement between
				employers and employees establishing higher apprenticeship standards.
2. Any special provision for veterans,
				minority persons, or women in the standards, the apprentice qualifications, the
				operation of the program, or the apprenticeship agreement, which is not
				otherwise prohibited by any federal or state statute, regulation, or executive
				order.
Statutory Authority: § 40.1-118 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 20 - APPRENTICESHIP COUNCIL › Chapter 21 - REGULATIONS GOVERNING THE ADMINISTRATION OF APPRENTICESHIP PROGRAMS IN THE COMMONWEALTH OF VIRGINIA › Section 16VAC20-21-120 - Complaints

Current through Register Vol. 40, No. 24, July 15, 2024
A. This section is
				not applicable to any complaint concerning discrimination or other equal
				employment opportunity matters; all such complaints must be submitted,
				processed, and resolved in accordance with applicable provisions of the
				Virginia State Plan for Equal Employment Opportunity in
				Apprenticeship.
B. Except for
				matters described in subsection A of this section, any controversy, difference,
				or discrepancy arising under an apprenticeship agreement that cannot be
				adjusted, abated, or otherwise resolved locally by the parties and that is not
				covered by a collective bargaining agreement, may be submitted by an apprentice
				or the apprentice's authorized representative to the department for review.
				Matters covered by a collective bargaining agreement are not subject to such
				review.
C. The complaint must be in
				writing and signed by the complainant or authorized representative and must be
				submitted within 60 days of any final local decision. It must set forth the
				specific matter complained of, together with relevant facts and circumstances.
				Copies of pertinent documents and correspondence must accompany the
				complaint.
D. The department will
				render an opinion within 90 days after receipt of the complaint, based upon
				such investigation of the matters submitted as may be found to be necessary and
				the record before it. During the 90-day period, the department will make
				reasonable efforts to effect a satisfactory resolution between the parties
				involved. If so resolved, the parties will be notified that the case is closed.
				Where departmental efforts yield no resolution, an opinion is rendered and
				disseminated to all interested parties.
E. A party dissatisfied with the opinion of
				the department may file a petition for review with the Office of
				Apprenticeship, USDOL, specifically identifying the controversy, difference,
				discrepancy, or decision that is at issue. A copy of the petition for review
				must be concurrently sent to the department.
F. Nothing in this section precludes an
				apprentice from pursuing any other remedy authorized under another federal,
				state, or local law.
Statutory Authority: § 40.1-118 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 16VAC25-11-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment or repeal of the regulations of the
					 Safety and Health Codes Board. This chapter does not apply to regulations,
					 guidelines, or other documents exempted or excluded from the provisions of the
					 Administrative Process Act (§ 2.2-4000 et seq. of the Code of
					 Virginia).
Statutory Authority
§§ 2.2-4007.02 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 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 16VAC25-11-30 - Notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall
				  maintain a list of persons who have requested to be notified of regulatory
				  actions being pursued by the agency.
B. Any person may request to be placed on a
				  notification list by registering as a public user on the Town Hall or by making
				  a request to the agency. Any person who requests to be placed on a notification
				  list shall elect to be notified either by electronic means or through a postal
				  carrier.
C. The agency may maintain
				  additional lists for persons who have requested to be informed of specific
				  regulatory issues, proposals, or actions.
D. When electronic mail is returned as
				  undeliverable on multiple occasions at least 24 hours apart, that person may be
				  deleted from the list. A single undeliverable message is insufficient cause to
				  delete the person from the list.
E.
				  When mail delivered by a postal carrier is returned as undeliverable on
				  multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those
				  persons on the notification list to indicate their desire to either continue to
				  be notified electronically, receive documents through a postal carrier, or be
				  deleted from the list.
Statutory Authority
§§ 2.2-4007.02 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 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 16VAC25-11-40 - Information to be sent to persons on the notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. To persons electing to receive electronic
				  notification or notification through a postal carrier as described in
				  16VAC25-11-30, the agency shall
				  send the following information:
1. A notice of
				  intended regulatory action (NOIRA).
2. A notice of the comment period on a
				  proposed, a reproposed, or a fast-track regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013C of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC25-11-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to (i) submit data, views, and
				  arguments, either orally or in writing, to the agency; and (ii) be accompanied
				  by and represented by counsel or other representative. Such opportunity to
				  comment shall include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC25-11-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  provided in § 2.2-4007 of the Code of Virginia, any person may petition
				  the agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC25-11-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC25-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC25-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 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 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC25-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC25-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 20 - REGULATION CONCERNING LICENSED ASBESTOS CONTRACTOR NOTIFICATION, ASBESTOS PROJECT PERMITS, AND PERMIT FEES › Section 16VAC25-20-20 - Authority and application

Current through Register Vol. 40, No. 24, July 15, 2024
A. This
				chapter is established in accordance with § 40.1-51.20 of the Code of
				Virginia.
B. This chapter shall
				apply to all licensed asbestos contractors or RFS contractors who engage in
				asbestos projects.
C. The
				application of this chapter to contractors who work on federal property will be
				decided by the department based on a review of the facts in each case. The
				contractor shall contact the department to determine the applicability of the
				regulations to a specific project.
D. This chapter shall not affect the
				reporting requirements under § 40.1-51.20C or any other notices or
				inspection requirements under any other provision of the Code of
				Virginia.
Statutory Authority
§§ 40.1-22(5) and 40.1-51.20 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 20 - REGULATION CONCERNING LICENSED ASBESTOS CONTRACTOR NOTIFICATION, ASBESTOS PROJECT PERMITS, AND PERMIT FEES › Section 16VAC25-20-30 - Notification and permit fee

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Written notification of any asbestos project of 10 linear feet or more or 10
				square feet or more shall be made to the department on a department form. Such
				notification shall be sent by facsimile transmission as set out in
				16VAC25-20-30 J, certified mail,
				or hand-delivered to the department. Notification shall be postmarked or made
				20 days before the beginning of any asbestos project.
B. The department form shall include the
				following information:
1. Name, address,
				telephone number, and Virginia asbestos contractor's license number of persons
				intending to engage in an asbestos project;
2. Name, address, and telephone number of
				facility owner or operator;
3. Type
				of notification; amended, emergency, renovation, or demolition;
4. Description of building, structure,
				facility, installation, vehicle, or vessel to be demolished or renovated
				including present use, prior use or uses, age, and address;
5. Estimate of amount of friable asbestos and
				method of estimation;
6. Amount of
				the asbestos project fee submitted;
7. Schedule set-up date, removal date, and
				completion date of asbestos abatement work and times of removal;
8. Name and Virginia asbestos supervisor's
				license number of the project supervisor on site;
9. Name, address, telephone number, contact
				person, and landfill permit number of the waste disposal site where the
				asbestos containing material will be disposed;
10. Detailed description of the demolition or
				removal methods to be used;
11.
				Procedures and equipment to control emissions and protect public health during
				removal, transit, loading, and unloading. Including the monitoring
				plan;
12. Credit card number,
				expiration date, and signature of cardholder if a facsimile transmission is to
				be made pursuant to
				16VAC25-20-30 J; and
13. Any other information requested on the
				department form.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 20 - REGULATION CONCERNING LICENSED ASBESTOS CONTRACTOR NOTIFICATION, ASBESTOS PROJECT PERMITS, AND PERMIT FEES › Section 16VAC25-20-40 - Exemption

Current through Register Vol. 40, No. 24, July 15, 2024
No notification to the department or payment of asbestos
				  project fees is required for asbestos projects in residential buildings as
				  defined under
				  16VAC25-20-10.
Statutory Authority
§§ 40.1-22 and 40.1-51.20 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 20 - REGULATION CONCERNING LICENSED ASBESTOS CONTRACTOR NOTIFICATION, ASBESTOS PROJECT PERMITS, AND PERMIT FEES › Form - FORMS (16VAC25-20)

Current through Register Vol. 40, No. 24, July 15, 2024
Asbestos Permit Application and Notification for
				  Demolition/Renovation (eff. 7/94).
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 30 - REGULATIONS FOR ASBESTOS EMISSIONS STANDARDS FOR DEMOLITION AND RENOVATION CONSTRUCTION ACTIVITIES › Section 16VAC25-30-10 - General

Current through Register Vol. 40, No. 24, July 15, 2024
Certain federal Environmental Protection Agency Regulations
				  on National Emissions Standards for Hazardous Air Pollutants; Asbestos
				  contained in 40 CFR Part 61 designated in
				  16VAC25-30-20 are incorporated by
				  reference into this chapter amended by the word or phrase substitutions given
				  in 16VAC25-30-30. The complete text
				  or the subparts in
				  16VAC25-30-20 incorporated here by
				  reference is contained in 40 CFR Part 61. The 40 CFR section numbers appearing
				  under each subpart in
				  16VAC25-30-20 identify the
				  specific provisions subpart incorporated by reference.
Statutory Authority
§ 40.1-51.25 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 30 - REGULATIONS FOR ASBESTOS EMISSIONS STANDARDS FOR DEMOLITION AND RENOVATION CONSTRUCTION ACTIVITIES › Section 16VAC25-30-20 - Designated standards of performance

Current through Register Vol. 40, No. 24, July 15, 2024
Subpart 61.140 - Applicability,
				  40 CFR
				  61.140
Subpart 61.141 - Definitions,
				  40 CFR
				  61.141
Subpart 61.145 - Standard for Demolition and Renovation,
				  40 CFR
				  61.145 (including figure 3)
Subpart 61.146 - Standard for Spraying,
				  40 CFR
				  61.146
Subpart 61.148 - Standard for Insulating Materials,
				  40 CFR
				  61.148
Subpart 61.150 - Standard for Waste Disposal,
				  40 CFR
				  61.150 (excluding subsection (a)(4) and
				  including figure 4)
Subpart 61.154 - Standard for Active Waste Disposal Sites,
				  40 CFR
				  61.154 (excluding subsection (d))
Subpart 61.156 - Cross-reference to other Asbestos
				  Regulations, 40 CFR
				  61.156 (including Table 1)
Statutory Authority
§ 40.1-51.25 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 30 - REGULATIONS FOR ASBESTOS EMISSIONS STANDARDS FOR DEMOLITION AND RENOVATION CONSTRUCTION ACTIVITIES › Section 16VAC25-30-30 - Word or phrase substitutions

Current through Register Vol. 40, No. 24, July 15, 2024
In all of the standards designated in
				  16VAC25-30-20 substitute:
1. "Commissioner of the Department of Labor
				and Industry" for "Administrator."
2. "Department of Labor and Industry" for
				"U.S. Environmental Protection Agency" (except in references).
3. "DLI NESHAP Standard" for "40
				CFR."
4. "Owner or other person"
				for "owner or operator."
Statutory Authority
§ 40.1-51.25 of the Code of Virginia.