Administrative Code

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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
9/21/2020

16VAC25-200-70. Certification Process.

A. Evaluation periods. The commissioner shall establish written procedures to set time periods and scheduling requirements for onsite evaluations in response to initial applications accepted by the department and for recertification of participants.

B. Scheduling exceptions. Onsite evaluations shall be conducted earlier than normal scheduled requirements when:

1. Significant changes have occurred in management, processes, or products that may require evaluation to ensure the site is maintaining a VPP quality safety and health management system.

2. VOSH has learned of significant problems at the site, such as increasing injury and illness rates, serious deficiencies described in the site's annual evaluation of its safety and health management system, or deficiencies discovered through VOSH enforcement activity resulting from an employee complaint, fatality, accident, or other event.

C. Decision to conduct the onsite evaluation. Once an application is accepted, the department must:

1. Notify the applicant by letter or email in a timely manner that an onsite evaluation will be conducted. However, no onsite evaluation may be conducted until all prior enforcement actions have been closed.

2. Notify the appropriate VOSH enforcement personnel so that the site can be removed from any programmed inspection lists, effective no more than 75 days prior to the scheduled onsite review.

D. Methods of evaluation. The three primary methods of evaluation during the certification or recertification process are document review, walkthrough, and employee interviews. Additional activities that must occur are the opening conference, daily briefings, report preparation, and closing conference. The onsite evaluation team must evaluate each element and sub-element of the safety and health management system and VPP requirements.

E. Recommendations. At the conclusion of the onsite evaluation, the onsite evaluation team must reach a consensus to recommend to the Commissioner of Labor and Industry as to whether the site is suitable for participation or continued participation in VPP, and at what level of participation.

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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