Agency 15. Department of Labor And Industry
- Preface
VAC AGENCY NO. 5
The Department of Labor and IndustryAGENCY SUMMARY
The Department of Labor and Industry (department) operates under the supervision of the Secretary of Labor and is charged with responsibility for administration of the statutes under Title 40.1 of the Code of Virginia, relating to labor, labor relations, occupational safety and health, boiler and pressure vessel safety, asbestos notification, and certain sections of the National Emissions Standards for Hazardous Air Pollutants (NESHAP) program requirements pursuant to §112 of the federal Clean Air Act (42 USC § 7401 et seq.) relating to demolition and renovation of asbestos facilities. The Commissioner of the Department of Labor and Industry (commissioner) is authorized to promulgate and enforce regulations in certain areas as may be necessary for the enforcement of Title 40.1 of the Code of Virginia (e.g., payment of wage, child labor). The commissioner is authorized to enforce occupational safety and health rules and regulations promulgated by the Safety and Health Codes Board. The commissioner is also authorized to grant temporary or permanent variances from all standards promulgated by the Safety and Health Codes Board pursuant to Chapter 1 (§ 40.1-1 et seq.) of Title 40.1 of the Code of Virginia. In addition, under Article 5 (§ 40.1-44.1 et seq.) of Chapter 3 of Title 40.1 of the Code of Virginia, 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 Title 40.1. The department is responsible for investigating all complaints concerning the following labor laws found in Chapter 3 (§ 40.1-22 et seq.) of 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.
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 pursuant to Chapter 4 (§ 34-29 et seq.) of Title 34 of the Code of Virginia.
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 pursuant to Chapter 4 (§ 40.1-52 et seq.) of Title 40.1 of the Code of Virginia.
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 younger than age eighteen years and to promulgate regulations governing hours of work for youth 14 and 15 years of age pursuant to Chapter 5 (§ 40.1-78 et seq.) of Title 40.1 of the Code of Virginia.
The commissioner is authorized to employ persons to enforce the provisions of the Boiler and Pressure Vessel Safety Act (Chapter 3.1 (§ 40.1-51.5 et seq.) of Title 40.1 of the Code of Virginia) and the related regulations as promulgated by the Safety and Health Codes Board (board), and to administer other regulations of the board concerning contract fee inspectors authorized under the act. The commissioner is also authorized to certify special inspectors who shall be authorized to inspect boilers and pressure vessels for the Commonwealth.
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 pursuant to Chapter 3.2 (§ 40.1 51.20 et seq.) of Title 40.1 of the Code of Virginia.
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 (Chapter 30 (§ 59.1-406 et seq.) of Title 59.1 of the Code of Virginia), which was enacted to promote the safety and protection of persons working in the vicinity of overhead high voltage lines pursuant to Chapters 1 and 3 of Title 40.1 of the Code of Virginia.
Agency regulations may be accessed by means of the Virginia Legislative Information System website at http://law.lis.virginia.gov/admincode/title16; Virginia Department of Labor and Industry website at http://www.doli.virginia.gov; via United States postal mail at Department of Labor and Industry, 6606 West Broad Street, Suite 500, Richmond, VA 23230; or in person at Department of Labor and Industry, 6606 West Broad Street, Suite 500,Richmond, VA 23230.
- 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
- Chapter 70
- Local Government Union Requirements and Employee ProtectionsRead all
- Section 10
- Definitions
- Section 20
- Applicability of Statute to Local Government Public Employers
- Section 30
- Prosecution of Violations
