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
1/26/2020

16VAC25-60-20. Jurisdiction.

Part II
General Provisions

All Virginia statutes, standards, and regulations pertaining to occupational safety and health shall apply to every employer, employee, and place of employment in the Commonwealth of Virginia except where:

1. The United States is the employer or exercises exclusive jurisdiction;

2. The federal Occupational Safety and Health Act of 1970 does not apply by virtue of § 4(b)(1) of that Act. The commissioner shall consider federal OSHA case law in determining where jurisdiction over specific working conditions has been preempted by the regulations of a federal agency; or

3. The employer is a public employer, as that term is defined in this chapter. In such cases, the Virginia laws, standards, and regulations governing occupational safety and health are applicable as stated, including 16VAC25-60-10, 16VAC25-60-30, 16VAC25-60-260, 16VAC25-60-280, 16VAC25-60-290, and 16VAC25-60-300.

Statutory Authority

§§ 40.1-2.1, 40.1-6, and 40.1-22 of the Code of Virginia; Occupational Safety and Health Act of 1970 (P.L. 91‑596).

Historical Notes

Derived from VR425-02-95 § 2.1, eff. July 1, 1994; amended, Volume 35, Issue 03, eff. November 1, 2018.

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