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- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
LD8169322Be it enacted by the General Assembly of Virginia:
1. That §§ 40.1-1 and 40.1-51.1 of the Code of Virginia are amended and reenacted as follows:
§ 40.1-1. Department continued; powers and duties generally; delegation of authority concerning occupational health.
The Department of Labor and Industry, hereinafter referred to as the
Department, is continued as a department of the state government; the
Department shall be responsible for discharging the provisions of Title 40.1.
All powers and duties conferred and imposed on the Bureau of Labor and
Industry by any other law are hereby conferred upon and vested in the
Department of Labor and Industry. The Department shall be responsible for
administering and enforcing occupational safety and occupational health
activities as required by the Federal Occupational Safety and Health Act of
1970 (P.L. 91-596), in accordance with the state plan for enforcement of that
act; however, nothing in this act of the General Assembly the
occupational safety and health provisions of this title or regulations
adopted hereunder shall apply to working conditions of employees with respect
to which the Federal Occupational Safety and Health Act of 1970 does not
apply by virtue of § 4(b)(1) of the federal act.
§ 40.1-51.1. Duties of employers.
(a) A. It shall be the duty of every employer to
furnish to each of his employees safe employment and a place of employment
which is free from recognized hazards that are causing or are likely to cause
death or serious physical harm to his employees, and to comply with all
applicable occupational safety and health rules and regulations promulgated
under this title.
(b) [Repealed.]
(c) B. Every employer shall provide to employees by
such suitable means as shall be prescribed in rules and regulations of the
Safety and Health Codes Board, information regarding their exposure to toxic
materials or harmful physical agents and prompt information when they are
exposed to concentration or levels of toxic materials or harmful physical
agents in excess of those prescribed by the applicable safety and health
standards and shall provide employees or their representatives with the
opportunity to observe monitoring or measuring of exposures. Every employer
shall also inform any employee who is being exposed of the corrective action
being taken and shall provide former employees with access to information
about their exposure to toxic materials or harmful physical agents.
(d) [Repealed.]
(e) C. Every employer cited for a violation of any
safety and health provisions of this title or standards, rules and
regulations promulgated thereunder shall post a copy of such citation at the
site of the violations so noted as prescribed in the rules and regulations of
the Safety and Health Codes Board.
(f) D. Every employer shall report to the Virginia
Department of Labor and Industry within forty-eight eight
hours any accident work-related incident
resulting in a fatality or in the in-patient hospitalization
of five three or more persons as prescribed in the
rules and regulations of the Safety and Health Codes Board.
(g) E. Every employer, through posting of notices or
other appropriate means, shall keep his employees informed of their rights
and responsibilities under this title and of specific safety and health
standards applicable to his business establishment.
(h) F. An employer representative shall be given the
opportunity to accompany the safety and health inspectors on safety or health
inspections.
(i) G. Nothing in this section shall be construed to
limit the authority of the Commissioner pursuant to § 40.1-6 or the Board
pursuant to § 40.1-22 to promulgate necessary rules and regulations to
protect and promote the safety and health of employees.