16VAC15. Department of Labor And Industry
VAC AGENCY NO. 5
The Department of Labor and Industry
AGENCY SUMMARY
The Department of Labor and Industry (department) operates under the supervision of the Secretary of Labor and is charged with responsibility for administration of the statutes under Title 40.1 of the Code of Virginia, relating to labor, labor relations, occupational safety and health, boiler and pressure vessel safety, asbestos notification, and certain sections of the National Emissions Standards for Hazardous Air Pollutants (NESHAP) program requirements pursuant to §112 of the federal Clean Air Act (42 USC § 7401 et seq.) relating to demolition and renovation of asbestos facilities. The Commissioner of the Department of Labor and Industry (commissioner) is authorized to promulgate and enforce regulations in certain areas as may be necessary for the enforcement of Title 40.1 of the Code of Virginia (e.g., payment of wage, child labor). The commissioner is authorized to enforce occupational safety and health rules and regulations promulgated by the Safety and Health Codes Board. The commissioner is also authorized to grant temporary or permanent variances from all standards promulgated by the Safety and Health Codes Board pursuant to Chapter 1 (§ 40.1-1 et seq.) of Title 40.1 of the Code of Virginia. In addition, under Article 5 (§ 40.1-44.1 et seq.) of Chapter 3 of Title 40.1 of the Code of Virginia, the commissioner is authorized to investigate complaints of unsafe occupational safety and health conditions and instances of employment discrimination or retaliation against an employee because the employee filed an occupational safety or health complaint or has testified or otherwise acted to exercise rights protected by the safety and health provisions of Title 40.1. The department is responsible for investigating all complaints concerning the following labor laws found in Chapter 3 (§ 40.1-22 et seq.) of Title 40.1 of the Code of Virginia: payment of wage, including failure to pay the state minimum wage; violations of the right-to-work law; prevention by former employer of employment by others; discharge of employee for absence due to work-related injury; unlawful requirements to pay for medical examination as a condition of employment; equal pay irrespective of sex; and use of prohibited questions on polygraph tests by an employer.
The department is authorized to prescribe a multiple of the federal minimum hourly wage for the purpose of establishing the maximum portion of an employee's earnings that may be subject to garnishment pursuant to Chapter 4 (§ 34-29 et seq.) of Title 34 of the Code of Virginia.
In addition, the department is also the state agency designated responsible for conciliation and mediation of labor disputes affecting public utilities and their employees or collective bargaining agents pursuant to Chapter 4 (§ 40.1-52 et seq.) of Title 40.1 of the Code of Virginia.
The department is charged with issuing employment certificates, as required under Title 40.1 of the Code of Virginia, to allow youth employment; promulgating regulations to carry out the child labor laws; conducting investigations of alleged violations of all child labor laws; issuing permits to youth for theatrical performances and for solicitation of subscriptions other than to newspapers. The commissioner is authorized to determine and declare occupations too hazardous for the employment of youth younger than age eighteen years and to promulgate regulations governing hours of work for youth 14 and 15 years of age pursuant to Chapter 5 (§ 40.1-78 et seq.) of Title 40.1 of the Code of Virginia.
The commissioner is authorized to employ persons to enforce the provisions of the Boiler and Pressure Vessel Safety Act (Chapter 3.1 (§ 40.1-51.5 et seq.) of Title 40.1 of the Code of Virginia) and the related regulations as promulgated by the Safety and Health Codes Board (board), and to administer other regulations of the board concerning contract fee inspectors authorized under the act. The commissioner is also authorized to certify special inspectors who shall be authorized to inspect boilers and pressure vessels for the Commonwealth.
The department issues asbestos and lead project permits to licensed asbestos contractors and certified lead contractors engaged in such projects covered under the laws of Virginia pursuant to Chapter 3.2 (§ 40.1 51.20 et seq.) of Title 40.1 of the Code of Virginia.
The commissioner is responsible for enforcing occupational safety and health regulations designed to protect employees during the construction, maintenance, repair, and operation of tramways and other hauling and lifting devices used as public or employee conveyances.
The Commissioner is responsible for enforcing the Overhead High Voltage Line Safety Act (Chapter 30 (§ 59.1-406 et seq.) of Title 59.1 of the Code of Virginia), which was enacted to promote the safety and protection of persons working in the vicinity of overhead high voltage lines pursuant to Chapters 1 and 3 of Title 40.1 of the Code of Virginia.
Agency regulations may be accessed by means of the Virginia Legislative Information System website at http://law.lis.virginia.gov/admincode/title16; Virginia Department of Labor and Industry website at http://www.doli.virginia.gov; via United States postal mail at Department of Labor and Industry, 6606 West Broad Street, Suite 500, Richmond, VA 23230; or in person at Department of Labor and Industry, 6606 West Broad Street, Suite 500,Richmond, VA 23230.