Administrative Code

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Virginia Administrative Code
Title 16. Labor And Employment
Agency 25. Safety And Health Codes Board
Chapter 60. Administrative Regulation for the Virginia Occupational Safety and Health Program

16VAC25-60-180. Response to judicial action.

A. Any federal occupational safety or health standard, or portion of them, adopted as rule or regulation by the board either directly, or by reference, and subsequently stayed by an order of any federal court will not be enforced by the commissioner until the stay has been lifted. Any federal standard which has been administratively stayed by OSHA will continue to be enforced by the commissioner until the stay has been reviewed by the board. The board will consider adoption or rejection of any federal administrative stay and will also subsequently review and then consider adoption or rejection of the lifting of such stays by federal OSHA.

B. The continued enforcement of any VOSH standard, or portion of it, which is substantively identical to a federal standard that has been vacated by an order of any federal court, shall be at the discretion of the commissioner until such time as the standard and related federal judicial action have been reviewed by the board. The board shall consider the revocation or the repromulgation of any such standard.

Statutory Authority

§ 40.1-22(5) of the Code of Virginia.

Historical Notes

Derived from VR425-02-95 § 3.7, eff. July 1, 1994.

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