Employee / Occupational Safety
Regulations
What is a State OSHA Program?
SEC. 18. of the Occupational Health and Safety Act of 1970 (the Act) encourages States to develop and operate their own job safety and health programs. OSHA approves and monitors State plans and provides up to 50 percent of an approved plan's operating costs.
Virginia is one of the current 22 States and jurisdictions operating complete State plans (covering both the private sector and State and local government employees) and 4 - Connecticut, New Jersey, New York and the Virgin Islands - which cover public employees only.
States must set job safety and health standards that are "at least as effective as" comparable federal standards. (Most States adopt standards identical to federal ones.) States have the option to promulgate standards covering hazards not addressed by federal standards.
A State must conduct inspections to enforce its standards, cover public (State and local government) employees, and operate occupational safety and health training and education programs. In addition, most States provide free on-site consultation to help employers identify and correct workplace hazards. Such consultation may be provided either under the plan or through a special agreement under section 21(d) of the Act.
To check OSHA regulations go to the OSHA website
Virginia-Specific Rules
The State Plan agreement between the Federal Occupational Safety and Health Administration of the U.S. Department of Labor and Virginia gives the Commonwealth authority to regulate occupational safety and health within its jurisdiction for General Industry, Construction, Agriculture, and the Public Sector.
The Safety and Health Codes Board has adopted occupational safety and health standards for enforcement by the Department of Labor and Industry. Virginia Code Section 40.1-1 provides that the Virginia Department of Labor and Industry be responsible for administering and enforcing occupational safety and health activities within the Commonwealth. Within the Department, regulation of Virginia occupational safety and health falls under the purview of the VOSH (Virginia Occupational Safety and Health) Program.
The vast majority of the Virginia occupational safety and health standards are identical to federal OSHA standards. However, there are several standards that are unique to Virginia and can be accessed by clicking here . They are unique in the sense that federal OSHA either does not have a comparable standard or, if it does, it differs substantively and has been superceded by the unique Virginia standard.
Inspection Priorities
VOSH's top priority for inspection is an imminent danger - a situation where workers face an immediate risk of death or serious physical harm. Second priority goes to any fatality or catastrophe - an accident that requires hospitalization of three or more workers. Employers are required to report fatalities and catastrophes to VOSH within eight hours.
Third priority is employee complaints and referrals. Lower inspection priorities include inspections targeted toward high hazard industries, planned inspections in other industries and, finally, follow-up inspections to determine whether previously cited violations have been abated.
How does VOSH Respond to Complaints?
There are two ways that VOSH can respond to a complaint. VOSH can either perform an on-site inspection or an off-site investigation, also known as a "phone/fax investigation."
For more State information, check out the Virginia Department of Labor and Industry’s website.