Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 200 - VIRGINIA VOLUNTARY PROTECTION PROGRAM › Section 16VAC25-200-10 - Voluntary protection program

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Participation in VPP is strictly voluntary. The applicant that wishes to
				participate freely submits information to VOSH on its safety and health
				management system and opens itself to department review.
B. VPP emphasizes trust and cooperation
				between VOSH, the employer, employees, and employee representatives and is
				complementary to the department's enforcement activity, but does not take its
				place. This partnership enables the department to remove participating sites
				from programmed inspection lists, allowing it to focus inspection resources on
				establishments in greater need of department oversight and intervention.
				However, VOSH will continue to investigate valid employee safety and health
				complaints, referrals, fatalities, accidents, and other significant events at
				VPP participant sites in accordance with VOSH enforcement procedures.
C. VPP participants develop and implement a
				systems approach to effectively identify, evaluate, prevent, and control
				occupational hazards so that injuries and illnesses to employees are
				prevented.
D. VPP participants are
				selected based on their written safety and health management system, the
				effective implementation of this system over time, and their performance in
				meeting VPP requirements. Not all worksites are appropriate candidates for VPP.
				At qualifying sites, all personnel are involved in the effort to maintain
				rigorous, detailed attention to safety and health. VPP participants often
				mentor other worksites interested in improving safety and health, participate
				in safety and health outreach and training initiatives, share best practices,
				and promote excellence in safety and health in their industries and
				communities.
E. VPP participants
				must demonstrate continuous improvement in the operation and impact of their
				safety and health management systems. Annual VPP self-evaluations help
				participant's measure success, identify areas needing improvement, and
				determine needed changes. VOSH onsite evaluation teams verify this
				improvement.
F. Participation in
				VPP does not diminish employee and employer rights and responsibilities under
				VOSH laws, standards, and regulations.
G. The provisions of this chapter are
				intended to provide solely for the safety, health, and welfare of employees and
				the benefits thereof shall not run to any applicant, participant, or any other
				person nor shall a third party have any right of action for breach of any
				provision of this chapter except as otherwise specifically provided in this
				chapter.
H. Nothing in this chapter
				shall be construed to in any way limit the commissioner's discretion to use
				department personnel and resources in accordance with the powers and duties as
				set forth in Title 40.1 of the Code of Virginia.
Statutory Authority: §§
											40.1-22 and
					 40.1-49.13 of the Code of
					 Virginia.