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Virginia State Plan

Virginia State Plan

Virginia State Plan

[Virginia]
Overview
  • Initial Approval: September 28, 1976 (41 FR 42658)
  • State Plan Certification: August 21, 1984 (49 FR 33122 and 33126)
  • 18(e) Final Approval: November 30, 1988  (53 FR 48258), amended on June 9, 2000 (65 FR 36630) and June 29, 2006 (71 FR 36991

The Virginia Occupational Safety and Health (VOSH) Program is part of the Virginia Department of Labor and Industry (DOLI) which is headed by the Commissioner. The main office is headquartered in Richmond with field offices located in Abingdon, Lynchburg, Manassas, Norfolk, Richmond, Roanoke, Verona, and Winchester.

Coverage

The Virginia State Plan applies to private sector workplaces in the state with the exception of:

  1. Maritime employment, including shipyard employment, marine terminals, and longshoring;
  2. Contract workers and contractor-operated facilities engaged in United States Postal Service (USPS) mail operations;
  3. Employment at worksites located within federal military facilities as well as on other federal enclaves where civil jurisdiction has been ceded by the state to the federal government;
  4. Employment at the U.S. Department of Energy's Southeastern Power Administration Kerr–Philpott System. 

The Virginia State Plan also applies to state and local government workers, including maritime state and local government workers.  It does not apply to federal government workers, including USPS.  Federal OSHA covers the issues not covered by the Virginia State Plan.  In addition, any hazard, industry, geographical area, operation or facility over which the State Plan is unable to effectively exercise jurisdiction for reasons not related to the required performance or structure of the plan shall be deemed to be an issue not covered and subject to federal enforcement.  In addition, federal OSHA retains enforcement of the anti-retaliation provision of the Occupational Safety and Health Act of 1970, Section 11(c), 29 USC 660(c), with respect to the private sector.  VOSH also investigates private and state and local government workplace retaliation cases under a provision analogous to Section 11(c).

A brief summary of the Virginia State Plan is included in the Code of Federal Regulations (CFR) at 29 CFR 1952.21.  Federal OSHA retains the authority to promulgate, modify, or revoke occupational safety and health standards under Section 6 of the OSH Act.  In the event that federal OSHA resumes enforcement, those federal standards will be enforced.  Federal OSHA also retains the authority to monitor the Virginia State Plan under Section 18(f) of the OSH Act.

State Plan Standards and Regulations

VOSH has adopted the majority of OSHA standards that would relate to private sector and state and local government workplace operations; however, VOSH has adopted the following unique standards and legislation:

General Industry

  • Reverse Signal Operation Safety Requirements for Vehicles, Machinery, and Equipment for General Industry
  • Telecommunications, General Approach Distance for Electrical Hazards
  • Confined Spaces in the Telecommunications Industry
  • Tree Trimming Operations
  • Overhead High Voltage Line Safety Act

Construction

  • Medical Services and First Aid
  • Sanitation
  • Steel Erection
  • Reverse Signal Operation Safety Requirements for Vehicles, Machinery, and Equipment for the Construction Industry
  • Overhead High Voltage Line Safety Act

Agriculture

  • Field Sanitation

VOSH has adopted a Voluntary Protection Program statute.  It also has a unique compliance standard related to manufacturer's specifications and limitations applicable to the operation, training, use, installation, inspection, testing, repair, and maintenance of all machinery, vehicles, tools, materials, and equipment in general industry, construction, maritime (state and local government employers) and agriculture.

Enforcement Programs

VOSH is responsible for the enforcement of occupational safety and health standards. Compliance officers inspect workplaces for hazardous conditions and issue citations where violations of VOSH regulations are found. Inspections may be the result of regular scheduling, imminent danger reports, fatalities, and worker complaints or referrals.  More information on VOSH’s enforcement can be found on the Virginia State Plan website.

Voluntary and Cooperative Programs

VOSH offers voluntary and cooperative programs focused on reducing injuries, illnesses, and fatalities. VOSH also offers on-site consultation services which help employers – both state and local government and private sector – comply with occupational safety and health standards and identify and correct potential safety and health hazards.  For more information on these programs, please visit the Virginia State Plan website.

Informal Conferences and Appeals

VOSH conducts informal conferences in an effort to resolve cases. Each employer, worker, or worker representative may request an informal conference after receipt of the citation(s) of alleged violations.  The informal conference may be requested through the appropriate VOSH regional director.  If a citation is contested, the case is heard by the Circuit Court.  For more information on these proceedings, please visit the Virginia State Plan website.

Contact Information

Virginia Department of Labor and Industry Main Street Centre
  • 600 East Main Street, Suite 207
  • Richmond, VA 23219
  • (804) 371-2327
  • (804) 371-6524
  • C. Ray Davenport, Commissioner
  • (804) 786-2377
  • William Burge, Assistant Commissioner
  • (804) 371-2377
  • (804) 371-6524
  • Ronald L. Graham, VOSH Health Director
  • (804) 786-0574
  • Jennifer Rose, VOSH Safety Director
  • (804) 786-7776
  • Jay Withrow, Director, Division of Legal Support
  • (804) 371-2327

Disclaimer

OSHA makes every effort to ensure that this webpage is accurate and up-to-date; however, for the latest information please contact the State Plan directly.

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