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Virginia Administrative Code
Title 16. Labor and Employment
Agency 25. Safety and Health Codes Board
Chapter 200. Virginia Voluntary Protection Program
9/24/2020

16VAC25-200-110. Withdrawal, Suspension, or Termination.

A. Withdrawal.

1. Participants may withdraw of their own accord or be asked by VOSH to withdraw from the programs.

2. Any participant may choose to withdraw voluntarily at any time.

3. VOSH shall request that a participant withdraw from VPP if it is determined that it is no longer meeting the requirements for VPP participation.

4. The commissioner shall establish written withdrawal procedures that (i) provide for the participant's formal notification to the department, (ii) the commissioner's acknowledgment of receipt and notification to the participant of the status change, (iii) notification to department personnel of the status change, (iv) return of the participant to the VOSH programmed inspection list, and (v) disposition of the VPP participant file.

5. The commissioner shall establish written procedures to address a VPP participant's change of location that establishes criteria for determining whether the participant can retain its VPP status or must withdraw.

6. The commissioner will consider the employer's reapplication to VPP if and when eligibility requirements are met.

B. Suspension.

1. Participants that experience a work-related fatality, whether an employee or contract employee, may be immediately suspended from program participation until such time as a VOSH fatality investigation can be completed.

2. The commissioner shall establish written procedures to address a VPP participant's temporary suspension from VPP, that provides for the department's formal notification to the participant and removal of the VPP flag or other recognition device from display until the suspension is lifted in accordance with the provisions of §§ 2.2-4019 and 2.2-4021 of the Code of Virginia. Decisions of the Commissioner of Labor and Industry may be appealed in the manner provided for in §§ 2.2-4026 through 2.2-4029 of the Code of Virginia.

3. A participant's suspension will not result in the participant being returned to the VOSH programmed inspection list.

C. Termination.

1. The Commissioner of Labor and Industry may terminate a participant from the VPP for failure to maintain the requirements of the program.

2. In the event a fatality investigation shows substantial deficiencies in the participant's safety and health programs, such that during a normal certification audit the types of deficiencies would have precluded the participant from participation in the VPP, the Commissioner of Labor and Industry, in his discretion, may terminate the participation in VPP.

3. If a whistleblower investigation pursuant to §§ 40.1-51.2:1 and 40.1-51.2:2 of the Code of Virginia shows substantial deficiencies in the participant's safety and health programs, such that during a normal certification audit the types of deficiencies would have precluded the site from participation in the VPP, the Commissioner of Labor and Industry, in his discretion, may terminate the participation in VPP.

4. Under most other situations, termination should occur only when all reasonable efforts for assistance have been exhausted.

5. The commissioner shall establish written termination procedures that provide for the commissioner's formal notification to the participant and union representatives, an appeal process, and notification of the Commissioner of Labor and Industry's final decision in accordance with the provisions of §§ 2.2-4019 and 2.2-4021 of the Code of Virginia. Decisions of the Commissioner of Labor and Industry may be appealed in the manner provided for in §§ 2.2-4026 through 2.2-4029 of the Code of Virginia.

6. If the Commissioner of Labor and Industry finds the participant's appeal valid, the participant may continue in VPP.

7. In the event of a final decision to terminate, the written procedures shall provide for notification to department personnel of the status change, return of the participant to the VOSH programmed inspection list, and disposition of the VPP participant file. If a terminated participant wishes to pursue reinstatement, it must wait three years to reapply.

Statutory Authority

§§ 40.1-22 and 40.1-49.13 of the Code of Virginia.

Historical Notes

Derived from Volume 34, Issue 09, eff. January 25, 2018.

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