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2016 SESSION
Be 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.