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2016 SESSION
16103404DBe it enacted by the General Assembly of Virginia:
1. That § 40.1-2.1 of the Code of Virginia is amended and reenacted as follows:
§ 40.1-2.1. Application of title to Commonwealth and its agencies, etc.; safety and health program for public employees.
The provisions of this title and any rules and regulations
promulgated pursuant thereto shall not apply to the Commonwealth or any of its
agencies, institutions, or political subdivisions, or any public body, unless,
and to the extent that, coverage is extended by specific regulation of the
Commissioner or the Safety and Health Codes
Board. The Commissioner is authorized to establish and maintain an effective
and comprehensive occupational safety and health program applicable to
employees of the Commonwealth, its agencies, institutions, political
subdivisions, or any public body. Such program shall be subject to any State
plan submitted to the federal government for State enforcement of the Federal
Occupational Safety and Health Act of 1970 (P.L. 91-596), or any other
regulation promulgated under Title 40.1. The Commissioner or the
Board shall establish procedures and adopt
regulations for enforcing the program which that shall include provisions
for (i) the
issuance of proposed penalties; (ii) the payment of
such penalties or a
negotiated sum in lieu of such penalties; (iii) the
deposit of such payments
into the general fund of the state treasury; (iv)
fair hearings, including judicial review; and (v) other sanctions to be applied for violations.