{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-244.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-244.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-244.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-244.html"}],"law_id":70108,"edition_id":1,"section_id":70108,"structure_id":14210,"section_number":"32.1-244","catch_line":"Duty of operators to report knowledge of toxicity; retention and return of certain information; diagnosis of employee injuries and illnesses","history":"Code 1950, \u00a7 32-435.1; 1977, c. 471; 1979, c. 711; 1982, c. 16; 1984, c. 433; 1992, c. 203.","full_text":"Each person who operates a commercial establishment that uses as a raw material, catalyst, final product or process solvent or manufactures any chemical or mixture in a manner that the person knows, or reasonably should know, is toxic and under the circumstances of its manufacture or use may pose a substantial threat to human health or to the environment shall have the affirmative duty to report that information to the Board within five days of receiving it.\n\t\tIn discharging this duty to report, each person shall have the further affirmative duty to make reasonable inquiry into the toxicity of any substance. Any knowledge of toxicity that is possessed by an employee or agent of the person, or by the holder of any patent under which the person is licensed to produce such substance, shall be attributed to that person if the person actually received that knowledge or, in the exercise of due diligence of such person, should have received that knowledge. Any knowledge of toxicity that is possessed by any consultant or independent contractor, who has been retained by the person to perform any evaluation or other task which involves any such substance, shall be attributed to the person if such person actually received that knowledge or, in the exercise of due diligence by such person, should have received that knowledge.\n\t\tExcept as provided in this section, the Board shall not require any reports by operators of commercial establishments to be filed pursuant to this article unless the Board can demonstrate that the report is necessary to prevent or lessen an imminent risk of injury to public health or the environment.\n\t\tEach person who operates a commercial establishment in which any chemical is manufactured or is used as a raw material, catalyst, final product or process solvent shall direct each of his employees to a physician for diagnosis of any injury or illness of any kind whatever that the person knows, or reasonably should know, may be caused by such chemical. Nothing in this article shall be deemed, however, to authorize or require physical examination or medical treatment for any person who objects thereto on religious grounds.\n\t\tThe Department shall make reasonable efforts to return all confidential business information filed pursuant to this article to the owner or operator of the business that reported it; however, if the business no longer exists or the owner or operator cannot be located, the Department may retain the confidential information under the same terms and conditions of confidentiality existing prior to July 1, 1992, or, at the discretion of the Commissioner, purge and destroy such information.","order_by":null,"text":{"0":{"id":253168,"text":"Each person who operates a commercial establishment that uses as a raw material, catalyst, final product or process solvent or manufactures any chemical or mixture in a manner that the person knows, or reasonably should know, is toxic and under the circumstances of its manufacture or use may pose a substantial threat to human health or to the environment shall have the affirmative duty to report that information to the Board within five days of receiving it.\n\t\tIn discharging this duty to report, each person shall have the further affirmative duty to make reasonable inquiry into the toxicity of any substance. Any knowledge of toxicity that is possessed by an employee or agent of the person, or by the holder of any patent under which the person is licensed to produce such substance, shall be attributed to that person if the person actually received that knowledge or, in the exercise of due diligence of such person, should have received that knowledge. Any knowledge of toxicity that is possessed by any consultant or independent contractor, who has been retained by the person to perform any evaluation or other task which involves any such substance, shall be attributed to the person if such person actually received that knowledge or, in the exercise of due diligence by such person, should have received that knowledge.\n\t\tExcept as provided in this section, the Board shall not require any reports by operators of commercial establishments to be filed pursuant to this article unless the Board can demonstrate that the report is necessary to prevent or lessen an imminent risk of injury to public health or the environment.\n\t\tEach person who operates a commercial establishment in which any chemical is manufactured or is used as a raw material, catalyst, final product or process solvent shall direct each of his employees to a physician for diagnosis of any injury or illness of any kind whatever that the person knows, or reasonably should know, may be caused by such chemical. Nothing in this article shall be deemed, however, to authorize or require physical examination or medical treatment for any person who objects thereto on religious grounds.\n\t\tThe Department shall make reasonable efforts to return all confidential business information filed pursuant to this article to the owner or operator of the business that reported it; however, if the business no longer exists or the owner or operator cannot be located, the Department may retain the confidential information under the same terms and conditions of confidentiality existing prior to July 1, 1992, or, at the discretion of the Commissioner, purge and destroy such information.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14210,"edition_id":1,"name":"Toxic Substances Information","identifier":"9","label":"article","depth":3,"order_by":1,"parent_id":12941,"metadata":{},"date_created":"2026-06-26 03:47:17","date_modified":"2026-06-26 03:47:17","permalink":{"id":204129,"object_type":"structure","relational_id":14210,"identifier":"9","token":"32.1\/6\/9","url":"\/32.1\/6\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12941,"edition_id":1,"name":"Environmental Health Services","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":203563,"object_type":"structure","relational_id":12941,"identifier":"6","token":"32.1\/6","url":"\/32.1\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55402,"structure_id":14210,"section_number":"32.1-239","catch_line":"Definitions","url":"\/32.1-239\/","token":"32.1\/6\/9\/32.1-239","metadata":false},{"id":86712,"structure_id":14210,"section_number":"32.1-240","catch_line":"Department designated state toxic substance information agency","url":"\/32.1-240\/","token":"32.1\/6\/9\/32.1-240","metadata":false},{"id":65969,"structure_id":14210,"section_number":"32.1-241","catch_line":"Powers and duties of Board","url":"\/32.1-241\/","token":"32.1\/6\/9\/32.1-241","metadata":false},{"id":86758,"structure_id":14210,"section_number":"32.1-242","catch_line":"Repealed","url":"\/32.1-242\/","token":"32.1\/6\/9\/32.1-242","metadata":false},{"id":68900,"structure_id":14210,"section_number":"32.1-243","catch_line":"State agencies directed to cooperate with and furnish information to Board","url":"\/32.1-243\/","token":"32.1\/6\/9\/32.1-243","metadata":false},{"id":70108,"structure_id":14210,"section_number":"32.1-244","catch_line":"Duty of operators to report knowledge of toxicity; retention and return of certain information; diagnosis of employee injuries and illnesses","url":"\/32.1-244\/","token":"32.1\/6\/9\/32.1-244","metadata":false},{"id":81940,"structure_id":14210,"section_number":"32.1-244.1","catch_line":"Repealed","url":"\/32.1-244.1\/","token":"32.1\/6\/9\/32.1-244.1","metadata":false},{"id":60310,"structure_id":14210,"section_number":"32.1-245","catch_line":"Toxic substances","url":"\/32.1-245\/","token":"32.1\/6\/9\/32.1-245","metadata":false}],"previous_section":{"id":68900,"structure_id":14210,"section_number":"32.1-243","catch_line":"State agencies directed to cooperate with and furnish information to Board","url":"\/32.1-243\/","token":"32.1\/6\/9\/32.1-243","metadata":false},"next_section":{"id":81940,"structure_id":14210,"section_number":"32.1-244.1","catch_line":"Repealed","url":"\/32.1-244.1\/","token":"32.1\/6\/9\/32.1-244.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-244\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1977, chapter 471; in 1979, chapter 711; in 1982, chapter 16; in 1984, chapter 433; in 1992, chapter 203.<\/p>","references":false,"refers_to":false,"permalink":{"id":204151,"object_type":"law","relational_id":70108,"identifier":"32.1-244","token":"32.1\/6\/9\/32.1-244","url":"\/32.1-244\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-244\/","token":"32.1\/6\/9\/32.1-244","dublin_core":{"Title":"Duty of operators to report knowledge of toxicity; retention and return of certain information; diagnosis of employee injuries and illnesses","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-244","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Each person<\/span> who operates a commercial establishment<\/span> that uses as a raw material<\/span>, catalyst, final product or process solvent or manufactures any chemical or mixture in a manner that the person<\/span> knows, or reasonably should know, is toxic and under the circumstances of its manufacture or use may pose a substantial threat to human health or to the environment shall have the affirmative duty to report that information to the Board<\/span> within five days of receiving it.\n\t\tIn discharging this duty to report, each person<\/span> shall have the further affirmative duty to make reasonable inquiry into the toxicity of any substance. Any knowledge of toxicity that is possessed by an employee or agent of the person<\/span>, or by the holder of any patent under which the person<\/span> is licensed to produce such substance, shall be attributed to that person<\/span> if the person<\/span> actually received that knowledge or, in the exercise of due diligence of such person<\/span>, should have received that knowledge. Any knowledge of toxicity that is possessed by any consultant or independent contractor, who has been retained by the person<\/span> to perform any evaluation or other task which involves any such substance, shall be attributed to the person<\/span> if such person<\/span> actually received that knowledge or, in the exercise of due diligence by such person<\/span>, should have received that knowledge.\n\t\tExcept as provided in this section, the Board<\/span> shall not require any reports by operators of commercial establishments<\/span> to be filed pursuant to this article unless the Board<\/span> can demonstrate that the report is necessary to prevent or lessen an imminent risk of injury to public health or the environment.\n\t\tEach person<\/span> who operates a commercial establishment<\/span> in which any chemical is manufactured or is used as a raw material<\/span>, catalyst, final product or process solvent shall direct each of his employees to a physician for diagnosis of any injury or illness of any kind whatever that the person<\/span> knows, or reasonably should know, may be caused by such chemical. Nothing in this article shall be deemed, however, to authorize or require physical examination or medical treatment for any person<\/span> who objects<\/span> thereto on religious grounds.\n\t\tThe Department<\/span> shall make reasonable efforts to return all confidential business information filed pursuant to this article to the owner or operator of the business that reported it; however, if the business no longer exists or the owner or operator cannot be located, the Department<\/span> may retain the confidential information under the same terms and conditions of confidentiality existing prior to July 1, 1992, or, at the discretion of the Commissioner<\/span>, purge and destroy such information.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDUTY OF OPERATORS TO REPORT KNOWLEDGE OF TOXICITY; RETENTION AND RETURN OF\nCERTAIN INFORMATION; DIAGNOSIS OF EMPLOYEE INJURIES AND ILLNESSES (\u00a7 32.1-244)\n\nEach person who operates a commercial establishment that uses as a raw material,\ncatalyst, final product or process solvent or manufactures any chemical or\nmixture in a manner that the person knows, or reasonably should know, is toxic\nand under the circumstances of its manufacture or use may pose a substantial\nthreat to human health or to the environment shall have the affirmative duty to\nreport that information to the Board within five days of receiving it.\n\t\tIn discharging this duty to report, each person shall have the further\naffirmative duty to make reasonable inquiry into the toxicity of any substance.\nAny knowledge of toxicity that is possessed by an employee or agent of the\nperson, or by the holder of any patent under which the person is licensed to\nproduce such substance, shall be attributed to that person if the person\nactually received that knowledge or, in the exercise of due diligence of such\nperson, should have received that knowledge. Any knowledge of toxicity that is\npossessed by any consultant or independent contractor, who has been retained by\nthe person to perform any evaluation or other task which involves any such\nsubstance, shall be attributed to the person if such person actually received\nthat knowledge or, in the exercise of due diligence by such person, should have\nreceived that knowledge.\n\t\tExcept as provided in this section, the Board shall not require any reports by\noperators of commercial establishments to be filed pursuant to this article\nunless the Board can demonstrate that the report is necessary to prevent or\nlessen an imminent risk of injury to public health or the environment.\n\t\tEach person who operates a commercial establishment in which any chemical is\nmanufactured or is used as a raw material, catalyst, final product or process\nsolvent shall direct each of his employees to a physician for diagnosis of any\ninjury or illness of any kind whatever that the person knows, or reasonably\nshould know, may be caused by such chemical. Nothing in this article shall be\ndeemed, however, to authorize or require physical examination or medical\ntreatment for any person who objects thereto on religious grounds.\n\t\tThe Department shall make reasonable efforts to return all confidential\nbusiness information filed pursuant to this article to the owner or operator of\nthe business that reported it; however, if the business no longer exists or the\nowner or operator cannot be located, the Department may retain the confidential\ninformation under the same terms and conditions of confidentiality existing\nprior to July 1, 1992, or, at the discretion of the Commissioner, purge and\ndestroy such information.\n\nHISTORY: Code 1950, \u00a7 32-435.1; 1977, c. 471; 1979, c. 711; 1982, c. 16; 1984,\nc. 433; 1992, c. 203.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}