Administrative Code

Virginia Administrative Code
1/25/2022

Part III. Standards

12VAC5-501-290. Primary source of standards.

The occupational safety and health (OSHA) standards governing temporary labor camps (29 CFR 1910.142) promulgated by the Virginia Safety and Health Codes Board shall apply to migrant labor camps, subject to the exceptions and regulations in 12VAC5-501-300.

Statutory Authority

§ 32.1-211 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 3, eff. January 1, 2006.

12VAC5-501-300. Exception to occupational safety and health standards.

A. Migrant housing facilities constructed or under construction prior to April 3, 1980, or where a contract for construction was signed prior to March 4, 1980, shall be governed by either: (i) 20 CFR 654.401 et seq.; (ii) 12VAC5-501-250; or (iii) variances granted thereto. The choice of governing standards shall be left to the discretion of the individual camp operator. The camp operator shall specify in his application the standard by which he elects to be governed.

B. Migrant housing facilities constructed or under construction on or after April 3, 1980, or where a contract for construction was signed on or after March 4, 1980, shall be governed by the requirements of 12VAC5-501-290 or variances granted thereto.

Statutory Authority

§ 32.1-211 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 3, eff. January 1, 2006.

12VAC5-501-310. Trash and garbage collections.

The camp operator shall provide either a bulk container into which family trash containers may be emptied by the migrant families or provide for a regular trash and garbage collection service. Refuse from the individual garbage cans and the bulk containers shall be disposed of by the camp operator in a manner authorized by the Solid Waste Management Regulations (9VAC20-80) of the Virginia Waste Management Board.

Statutory Authority

§ 32.1-211 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 3, eff. January 1, 2006.

12VAC5-501-320. Requirements for water supplies.

All migrant labor camps shall have an approved water supply.

Statutory Authority

§ 32.1-211 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 3, eff. January 1, 2006.

12VAC5-501-330. Requirements of sewage disposal.

All migrant labor camps shall comply with the board's regulations governing the disposal of sewage (12VAC5-610), promulgated pursuant to §§ 32.1-163 through 32.1-166 of the Code of Virginia. A copy of these regulations may be obtained from the local health department.

Statutory Authority

§ 32.1-211 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 3, eff. January 1, 2006.

12VAC5-501-340. Storage of hazardous materials.

Agricultural pesticides or toxic chemicals shall be stored in secure, partitioned areas that are separate from food and living quarters. Pesticide storage areas shall be at least 100 feet from existing wells or surface water unless barriers or environmental safeguards are present that will prevent contamination of groundwater or surface water from a discharge. The entry to the pesticide storage area shall be clearly marked indicating that pesticides or hazardous materials are stored within. When not in use, the pesticide storage area shall be locked to minimize the unauthorized entry into the storage area. Water and personal protective equipment, as required on the labels of the stored pesticides, shall be available for employee protection in the event of a discharge or other emergency.

Statutory Authority

§ 32.1-211 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 3, eff. January 1, 2006.

12VAC5-501-350. Conformity with Uniform Statewide Building Code.

All newly constructed migrant labor camps shall comply with the Virginia Uniform Statewide Building Code (13VAC5-63).

Statutory Authority

§ 32.1-211 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 3, eff. January 1, 2006.

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