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Virginia Administrative Code
Title 16. Labor And Employment
3/10/2025

Agency 15. Department of Labor And Industry

Preface

VAC AGENCY NO. 5
The Department of Labor and Industry

AGENCY SUMMARY

The Department of Labor and Industry operates under the supervision of the Secretary of
Commerce and Trade, and is charged with responsibility for administration of the statutes under
Title 40.1 of the Code of Virginia, relating to registered apprenticeship, labor, labor relations,
occupational safety and health, boiler and pressure vessel safety, and certain sections of the
National Emissions Standards for Hazardous Air Pollutants (NESHAP) program requirements
pursuant to §112 of the federal Clean Air Act relating to demolition and renovation of asbestos
facilities. The Commissioner of the Department of Labor and Industry is authorized to
promulgate such regulations as may be necessary for the enforcement of Title 40.1 of the Code
of Virginia and the procedural rules that are required to comply with the federal Occupational
Safety and Health Act of 1970 (P.L. 91-596). The Commissioner is also authorized to grant
temporary or permanent variances from all standards promulgated by the Safety and Health
Codes Board. Code of Virginia, Title 40.1, Chapter 1. In addition, under Article 5 of Title 40.1,
Chapter 3, the Commissioner is authorized to investigate complaints of unsafe occupational
safety and health conditions and instances of employment discrimination or retaliation against an
employee because the employee filed an occupational safety or health complaint or has testified
or otherwise acted to exercise rights protected by the safety and health provisions of the Title.
The Department is responsible for investigating all complaints concerning the following labor
laws found in Title 40.1 of the Code of Virginia: payment of wage, including failure to pay the
state minimum wage; violations of the right-to-work law; prevention by former employer of
employment by others; discharge of employee for absence due to work-related injury; unlawful
requirements to pay for medical examination as a condition of employment; equal pay
irrespective of sex; and use of prohibited questions on polygraph tests by an employer. Code of
Virginia, Title 40.1, Chapter 3.
The Department is authorized to prescribe a multiple of the federal minimum hourly wage for the
purpose of establishing the maximum portion of an employee's earnings that may be subject to
garnishment. Code of Virginia, Title 34, Chapter 4.
In addition, the Department is also the state agency designated responsible for conciliation and
mediation of labor disputes affecting public utilities and their employees or collective bargaining
agents. Code of Virginia, Title 40.1, Chapter 4.

The Department is charged with issuing employment certificates, as required under Title 40.1 of
the Code of Virginia, to allow youth employment; promulgating regulations to carry out the child
labor laws; conducting investigations of alleged violations of all child labor laws; issuing permits
to youth for theatrical performances and for solicitation of subscriptions other than to
newspapers. The Commissioner is authorized to determine and declare occupations too
hazardous for the employment of youth under the age of eighteen and to promulgate regulations
governing hours of work for youth 14 and 15 years of age. Code of Virginia, Title 40.1, Chapter
5.
The Commissioner is authorized to employ persons to enforce the provisions of the Boiler and
Pressure Vessel Safety Act and the related regulations under this Act as promulgated by the
Safety and Health Codes Board, and to administer other regulations of the Board concerning
contract fee inspectors authorized under this Act. The Commissioner is also authorized to certify
special inspectors who shall be authorized to inspect boilers and pressure vessels for the
Commonwealth. Code of Virginia, Title 40.1, Chapter 3.1.
The Department issues asbestos and lead project permits to licensed asbestos contractors and
certified lead contractors engaged in such projects covered under the laws of Virginia. Code of
Virginia, Title 40.1, Chapter 3.2.
The Commissioner administers the provisions of the Voluntary Apprenticeship Act. The
Commissioner is authorized to determine standards for apprenticeship agreements; to approve,
terminate, or cancel such agreements; to issue certificates of journeymanship; and to initiate
deregistration proceedings. Code of Virginia, Title 40.1, Chapter 6.
The Commissioner is responsible for enforcing occupational safety and health regulations
designed to protect employees during the construction, maintenance, repair, and operation of
tramways and other hauling and lifting devices used as public or employee conveyances.
The Commissioner is responsible for enforcing the Overhead High Voltage Line Safety Act,
which was enacted to promote the safety and protection of persons working in the vicinity of
overhead high voltage lines. Code of Virginia, Title 59.1, Chapter 30 and Title 40.1, Chapters 1
and 3.
Agency regulations may be accessed by means of:
the Virginia Legislative Information System website at:

http://law.lis.virginia.gov/admincode/title16;
email at: http://www.doli.virginia.gov;
 regular mail from:
Department of Labor and Industry
Main Street Centre
600 East Main Street, Suite 207
Richmond, VA 23219-2430;
or in person at:
Department of Labor and Industry,
Main Street Centre,
600 East Main Street, 17 th  Floor
Richmond, VA 23219-2430.

Chapter 10
Public Participation Guidelines [Repealed]Read all
Section 10
[Repealed]
Section 20
[Repealed]
Section 30
[Repealed]
Section 40
[Repealed]
Section 50
[Repealed]
Section 60
[Repealed]
Section 70
[Repealed]
Section 80
[Repealed]
Section 90
[Repealed]
Section 100
[Repealed]
Chapter 11
Public Participation GuidelinesRead all
Part I
Purpose and Definitions
Section 10
Purpose
Section 20
Definitions
Part II
Notification of Interested Persons
Section 30
Notification List
Section 40
Information to Be Sent to Persons on the Notification List
Part III
Public Participation Procedures
Section 50
Public Comment
Section 60
Petition for Rulemaking
Section 70
Appointment of Regulatory Advisory Panel
Section 80
Appointment of Negotiated Rulemaking Panel
Section 90
Meetings
Section 100
Public Hearings on Regulations
Section 110
Periodic Review of Regulations
Chapter 20
Regulations Establishing a Multiple of Federal Minimum Hourly Wage Relating to Garnishment of WagesRead all
Section 10
[Repealed]
Chapter 21
Maximum Garnishment AmountsRead all
Section 10
Definitions
Section 20
Maximum Garnishment Amounts to Satisfy an Ordinary Debt
Section 30
Calculation of Maximum Garnishment Amounts for an Ordinary Debt
Chapter 30
Virginia Rules and Regulations Declaring Hazardous OccupationsRead all
Section 10
Hazardous Occupations
Section 20
Index of Hazardous Occupations
Section 30
Manufacturing or Storage Occupations Involving Explosives
Section 40
[Repealed]
Section 50
Logging and Sawmilling Occupations
Section 60
Power-Driven Woodworking Machine Occupations
Section 70
Occupation Involving Exposure to Radioactive Substances and to Ionizing Radiations
Section 80
Power-Driven Hoisting Apparatus Occupations
Section 90
Power-Driven Metal Forming, Punching, and Shearing Machine Occupations
Section 100
Occupations in Connection with Any Mining Operation
Section 110
Occupations Involving Slaughtering, Meat-Packing, or Processing, or Rendering
Section 120
Power-Driven Bakery Machine Occupations
Section 130
Power-Driven Paper-Products Machine Occupations
Section 140
Occupations Involved in the Manufacture of Brick, Tile, and Kindred Products
Section 150
Occupations Involved in the Operation of Power-Driven Circular Saws, Band Saws, and Guillotine Shear
Section 160
Occupations Involved in Wrecking, Demolition, and Ship-Breaking Operations
Section 170
Occupations in Roofing Operations
Section 180
Occupations in Excavation Operations
Section 190
Fire Fighting
Section 200
Other Prohibited Occupations
Section 210
Employment of Minors under Age 14
Section 220
Employment of 14- and 15-Year-Old Minors Generally
Section 230
Employment of 14- and 15-Year-Old Minors in Retail Food Service and Gasoline Establishments
Chapter 40
Virginia Hours of Work for MinorsRead all
Section 10
Definitions
Section 20
Scope and Application
Section 30
Hours of Work in Nonagricultural Employment
Section 40
Hours of Work in Agricultural Employment
Section 50
Exceptions
Chapter 50
Regulation Governing the Employment of Minors on Farms, in Gardens and in OrchardsRead all
Section 10
Definitions
Section 20
Hazardous Occupations
Section 30
Exemptions to Hazardous Occupations
Section 40
Record Keeping Requirements
Section 50
Nonapplicability of General Industry Regulations to Agriculture
Chapter 60
Regulation Governing on-The-Job Training Programs or Other Training ProgramsRead all
Section 10
Definitions
Section 20
Requirements for Job Training Programs

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