Administrative Code

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Virginia Administrative Code
8/13/2020

16VAC25. Safety and Health Codes Board

VAC AGENCY NO. 25

AGENCY SUMMARY

The Safety and Health Codes Board, with the advice of the Commissioner of Labor and Industry, is authorized to adopt, alter, amend, or repeal rules and regulations to further protect and promote the safety and health of employees in places of employment over which it has jurisdiction and to effect compliance with the federal Occupational Safety and Health Act of 1970 (P.L. 91‑596) under the State Plan agreement for the enforcement of occupational safety and health, between the Commonwealth and the Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor. The board is mandated to adopt the occupational safety and health standard that most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity. However, such standards shall be at least as stringent as the standards promulgated by federal OSHA. Such rules and regulations of the board are to be enforced by the commissioner and the Department of Labor and Industry. The board may determine appeals submitted by employers who contest department orders denying variances from its standards. Chapters 1 and 3 of Title 40.1 of the Code of Virginia.

The Board is authorized to adopt definitions, rules, regulations, and standards necessary for the operation of the Voluntary Protection Program in a manner that will promote safe and healthy workplaces throughout the Commonwealth. Chapter 3 of Title 40.1 of the Code of Virginia.

The Safety and Health Codes Board is also authorized to adopt, alter, amend, or repeal rules, regulations, and standards to ensure the proper demolition and renovation of asbestos containing structures or buildings and effect compliance with the National Emissions Standards for Hazardous Air Pollutants (NESHAP) asbestos requirements of the U.S. Clean Air Act, administered by the Environmental Protection Agency. Chapter 3.3 of Title 40.1 of the Code of Virginia.

The board is authorized to adopt, alter, amend, or repeal definitions, rules, regulations, and standards that are designed for the protection of human life and property from the unsafe or dangerous construction, installation, inspection, operation, maintenance and repair of boilers and pressure vessels in the Commonwealth. Code of Virginia, Title 40.1, Chapter 3.1.

The board is further authorized to promulgate regulations requiring contract fee boiler inspectors, as a condition of their doing business in the Commonwealth, to demonstrate sufficient financial responsibility. Chapter 3.1 of Title 40.1 of the Code of Virginia.

The board is also authorized to establish standards to be used in determining the ability, proficiency, and qualifications of a person applying for certification as a boiler and pressure vessel operator. Chapter 9 of Title 15.2 of the Code of Virginia.

The board is authorized to adopt reasonable rules and regulations designed to protect the safety and health of the employees engaged in the construction, maintenance, repair, and operation of tramways or any other hauling or lifting devices used as a public or employee conveyance, and to protect the safety and health of the public or the employees when using such conveyance in, about, or in connection with recreational areas. Chapter 3 of Title 40.1 of the Code of Virginia.

Agency regulations may be accessed by means of:

(i) the Virginia Legislative Information System website at:

http://law.lis.virginia.gov/admincode/title16;

(ii) email at http://www.doli.virginia.gov;

(iii) regular mail from:

Department of Labor and Industry

Main Street Centre

600 East Main Street, Suite 207

Richmond, VA 23219-2430;

(iv) or in person at:

Department of Labor and Industry

Main Street Centre

600 East Main Street, 17th Floor

Richmond, VA 23219-2430.

Rev. 09/2018

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.