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Contact Information |
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Virginia Department of Labor and Industry
Powers-Taylor Building
13 South 13th Street
Richmond, VA 23219
PH: (804) 371-2327 General Information
C. Ray Davenport, Commissioner
PH: (804) 786-2377
Fax: (804) 371-6524
William Burge, Assistant Commissioner - Programs
PH: (804) 786-9878
Fax: (804) 371-6524
Glenn Cox, Director
Occupational Safety Compliance
PH: (804) 786-2391
Fax: (804) 371-6524
Ron Graham, Director
Occupational Health Compliance
PH: (804) 786-0574
Fax: (804) 371-6524
Jennifer Wester, Director
Division of Cooperative Programs
PH: (804) 786-6359
Fax: (804) 786-8418
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About the Virginia State Plan
The Virginia Department of Labor and Industry (DOLI) administers a
State Plan Program consistent with the provisions of Section 18(e)
of the federal Occupational Safety and Health Act ("the Act").
Section 40.1-1 of the
Code of Virginia, as amended, provides that
the Virginia Department of Labor and Industry is responsible in the
Commonwealth for administering and enforcing occupational safety and
health activities as required by the Act. The Commissioner of Labor
and Industry is appointed by the Governor and is authorized by
§40.1-2.1 of the Code of Virginia to enter into such agreements with
Federal OSHA as are necessary to assist in the enforcement of the
Act. In addition, §40.1-51 of the Code of Virginia, as amended,
provides that the State Health Commissioner shall be responsible,
upon request, for advising and providing technical aid to the
Commissioner on matters pertaining to occupational health.
The Virginia Safety and Health Codes Board ("the Board") is
responsible for the promulgation of all occupational safety and
health standards for enforcement by the Department of Labor and
Industry. The Board has adopted and will continue to adopt
procedures, operations and criteria consistent with the Act,
including those which have been established by the federal
Occupational Safety and Health Administration (OSHA), and does so
for the benefit of the Commonwealth. The Board is a regulatory board
appointed by the Governor and has the authority in the Commonwealth
under §40.1-22 of the Code of Virginia, to adopt, amend or repeal
standards, as necessary, pertaining to safety and health issues,
including conditions for which no federal standards have been
established.
The Virginia Department of Labor and Industry, headquartered in
Richmond, consists of separate program groups with representatives
stationed in different regional and field offices located in
Abingdon, Lynchburg, Manassas, Norfolk, Richmond, Roanoke, Verona,
and Winchester. Each group has been delegated certain powers by the
Commissioner to carry out the specific statutory mandates of the
Department.
The Virginia State Plan was initially approved on September 28,
1976. The Department of Labor and Industry was awarded a Certificate
of Final State Plan Approval for the VOSH Program by federal OSHA on
November 30, 1988.
Jurisdiction
The Virginia State Plan applies to all public and private sector
places of employment in the state, with the exception of federal
employees, the United States Postal Service, private sector
maritime, federal military facilities, and other federal enclaves
where the state has ceded jurisdiction to the federal government.
See 29 CFR 1952.375.
Regulations and Standards
The Virginia Occupational Safety and Health (VOSH) Program, as all
other State Plans, must set job safety and health standards that are
"at least as effective as" comparable federal standards. Most State
Plans adopt standards identical to federal OSHA. States also have
the option to promulgate additional standards covering other hazards
or conditions not addressed by federal standards.
The vast majority of the
VOSH standards are identical to federal OSHA standards. All standards adopted by the Board from 29 CFR Parts
1910, 1926, and 1928 shall apply by their own terms to all employers
who have employees working at places of employment within the
jurisdiction of the State Plan of the Commonwealth. Standards from
Part 1910 apply to employers engaged in general industry; in
addition, certain standards from Part 1910 determined by federal
OSHA and the Board to be applicable to the construction industry
also apply to the construction industry in Virginia. Standards
adopted from 29 CFR Part 1926 apply to the construction industry,
and standards adopted from 29 CFR Part 1928 apply to agricultural
operations within the jurisdiction of the Commonwealth. In addition,
standards from 29 CFR Part 1915, Shipyard Employment; 29 CFR Part
1917, Marine Terminals; and 29 CFR Part 1918, Longshoring, have been
adopted for state plan use in the public sector only.
Any new or
unique standard adopted by Virginia for which no federal OSHA counterpart exists shall apply as specified by the terms of
that standard. The VOSH Administrative Regulations, 16 VAC 25-60, et
seq., set forth rules defining the applicability of occupational
safety and health standards in Virginia. There are several standards
that are unique to Virginia. In these instances, federal OSHA either
does not have a comparable standard addressing the specific hazard
or condition or, if it does, the federal standard differs
substantially.
The VOSH Program also assures compliance with the Virginia Overhead
High Voltage Line Safety Act that was enacted by the General
Assembly in 1989 and codified at §§ 59.1-406 to 414 of the Code of
Virginia. This statute is designed to "promote the safety and
protection of persons engaged in work or activity in the vicinity of
overhead high voltage lines." This statutory standard is directly
enforced in the same manner as VOSH regulatory standards.
Also related to the VOSH program are:
The Department's
Asbestos Notification and Permit Program
was
established by the General Assembly in 1992 and codified at
§§40.1-51.20 to 51.22 of the Code of Virginia, as part of a larger
multi-agency state program, requiring licensing and certification of
asbestos contractors and workers by the Department of Professional
and Occupational Regulation (DPOR). Identical provisions were added
for lead contractors in 1996.
In 1993, the Department entered into an enforcement agreement with
the U.S. Environmental Protection Agency (EPA). DOLI was authorized
by EPA to provide direct enforcement in Virginia of certain parts of
40 CFR Subpart M, dealing with asbestos under the National Emissions
Standards for Hazardous Air Pollutants (NESHAP) regulations of the
federal Clean Air Act. Specifically, DOLI is responsible for
demolition and renovation activities, spraying, insulating
materials, waste disposal for such operations, and active waste
disposal sites. The Board is authorized to formulate definitions,
rules, regulations, and standards which shall be designed to ensure
the proper demolition and renovation of asbestos facilities and
effect compliance with the asbestos NESHAP requirements for federal
EPA. Such standards must be at least as stringent as the asbestos
regulations passed pursuant to §112 of the Clean Air Act.
For more information concerning Occupational Safety or Health
Compliance, please see the Contact Information in the sidebar.
Enforcement Programs
The VOSH Program conducts inspections of private and public sector
employers under its jurisdiction to assure compliance with the
occupational safety and health laws, standards and regulations of
the Commonwealth. Employees have the right to file a safety and
health complaint with VOSH and employers must report worksite
fatalities and catastrophes. The Enforcement Program may issue
citations listing alleged violations of occupational safety and
health standards and regulations to employers, determines dates by
which violations must be abated, and may propose civil monetary
penalties for certain types of violations. Public sector employers
are not issued civil monetary penalties.
Voluntary and Cooperative Programs
The
Virginia Voluntary Protection Program (VPP) recognizes and
promotes companies/agencies with comprehensive safety and health
programs that go beyond VOSH standards to protect workers. Worksites
establish a cooperative relationship between management, labor and
VOSH; and have safety and health management systems that follow
rigorous criteria established by VOSH. Benefits identified by VPP
worksites include: improved employee motivation to work safely,
leading to better quality and productivity; reduced workers'
compensation costs; fewer lost workday injuries; and community
recognition.
The Department of Labor and Industry provides
On-Site Consultation
services to help employers better understand and voluntarily comply
with the VOSH standards. This voluntary program helps employers
identify and correct potential safety and health hazards. Priority
is given to employers with 250 or fewer employees in high hazard
workplaces.
The
Safety and Health Achievement Recognition Program (SHARP) was
developed to provide incentives and support to smaller, high-hazard
employers to work with employees to develop, implement, and
continuously improve safety and health programs. SHARP recognizes
worksites that operate exemplary safety and health programs that
result in the immediate and long-term prevention of job related
injuries and illnesses.
Policies and Procedures
VOSH operating procedures include the VOSH Administrative
Regulations Manual, Closing Conference Guide, and Field Operations
Manual.
Informal Conferences and Appeals
Each employer, employee, or employee representative may request an
informal conference after receipt of the citation(s) of alleged
violations. The informal conference may be requested through the
individual
VOSH Regional Director at the applicable regional office
address.
As detailed in the VOSH Administrative Regulations, an employer who
has received a citation or proposed penalty may contest the citation
by notifying VOSH in writing of the contest. The employer must mail
or deliver by hand the notice of contest within 15 working days from
the receipt of the citation or proposed penalty. Once VOSH has
received written notification of a contest of citation or proposed
penalty, VOSH will attempt to resolve the matter by settlement. If a
settlement cannot be reached, VOSH will then initiate judicial
proceedings by referring the contested issues to the Commonwealth's
Attorney for the locality where the alleged violation occurred and
arrange for the filing of a complaint and issuance of a summons to
the employer. There is no system of administrative law judges for
VOSH violation resolution. A trial will be scheduled before the
circuit court in the jurisdiction in which the violation occurred.
The final determination on whether to appeal an adverse judicial
decision will be made by the Commissioner after consultation with
the
Office of the State Attorney General and/or the applicable
Commonwealth's Attorney. Appeals from circuit court may be heard by
the Virginia Court of Appeals. The Department has thirty (30) days
to file an appeal with the Virginia Court of Appeals.
Other Resources
VOSH Jobs Safety and Health Poster
Other program related information
Disclaimer
OSHA makes every effort to ensure that the information on this page is accurate
and up to date, but changes in state law and procedures affecting the
information on this page are beyond OSHA's control. Contact state program staff
directly to verify important information.
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