{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-142.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-142.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-142.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-142.html"}],"law_id":68112,"edition_id":1,"section_id":68112,"structure_id":16003,"section_number":"40.1-142","catch_line":"Exemptions","history":"2001, c. 742.","full_text":"A\n\nThe provisions of this chapter shall not prohibit any person who is not certified as a Certified Associate Industrial Hygienist, Certified Industrial Hygienist, Industrial Hygienist in Training, Certified Safety Professional, Associate Safety Professional, Occupational Health and Safety Technologist, or Construction Health and Safety Technologist from performing industrial hygiene and safety functions so long as such person does not represent himself to the public as being a Certified Associate Industrial Hygienist, Certified Industrial Hygienist, Industrial Hygienist in Training, Certified Safety Professional, Associate Safety Professional, Occupational Health and Safety Technologist, or Construction Health and Safety Technologist.B\n\nNothing in this chapter shall be construed as authorizing a person certified as a Certified Associate Industrial Hygienist, Certified Industrial Hygienist, Industrial Hygienist in Training, Certified Safety Professional, Associate Safety Professional, Occupational Health and Safety Technologist, or Construction Health and Safety Technologist to engage in the practice of architecture or engineering, nor to restrict or otherwise affect the rights of any person licensed as an architect or professional engineer under Chapter 4 (§ 54.1-400 et seq.) of Title 54.1.C\n\nNothing in this chapter shall apply to employees of the Department while they are engaged in the business of the Commonwealth; however, this subsection shall not be construed to authorize an employee of the Department to use any of the certifications defined in § 40.1-139 unless such employee has been certified as such by the ABIH, BCSP, or both, as applicable, and such certification has not lapsed or been revoked.D\n\nNothing in this chapter shall bar an otherwise qualified expert witness from testifying in a court of this Commonwealth.","order_by":null,"text":{"0":{"id":246583,"text":"The provisions of this chapter shall not prohibit any person who is not certified as a Certified Associate Industrial Hygienist, Certified Industrial Hygienist, Industrial Hygienist in Training, Certified Safety Professional, Associate Safety Professional, Occupational Health and Safety Technologist, or Construction Health and Safety Technologist from performing industrial hygiene and safety functions so long as such person does not represent himself to the public as being a Certified Associate Industrial Hygienist, Certified Industrial Hygienist, Industrial Hygienist in Training, Certified Safety Professional, Associate Safety Professional, Occupational Health and Safety Technologist, or Construction Health and Safety Technologist.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":246584,"text":"Nothing in this chapter shall be construed as authorizing a person certified as a Certified Associate Industrial Hygienist, Certified Industrial Hygienist, Industrial Hygienist in Training, Certified Safety Professional, Associate Safety Professional, Occupational Health and Safety Technologist, or Construction Health and Safety Technologist to engage in the practice of architecture or engineering, nor to restrict or otherwise affect the rights of any person licensed as an architect or professional engineer under Chapter 4 (§ 54.1-400 et seq.) of Title 54.1.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":246585,"text":"Nothing in this chapter shall apply to employees of the Department while they are engaged in the business of the Commonwealth; however, this subsection shall not be construed to authorize an employee of the Department to use any of the certifications defined in § 40.1-139 unless such employee has been certified as such by the ABIH, BCSP, or both, as applicable, and such certification has not lapsed or been revoked.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":246586,"text":"Nothing in this chapter shall bar an otherwise qualified expert witness from testifying in a court of this Commonwealth.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":16003,"edition_id":1,"name":"Industrial Hygiene and Safety Profession Title Protection Act","identifier":"9","label":"chapter","depth":2,"order_by":1,"parent_id":12776,"metadata":{},"date_created":"2026-06-26 04:03:37","date_modified":"2026-06-26 04:03:37","permalink":{"id":220711,"object_type":"structure","relational_id":16003,"identifier":"9","token":"40.1\/9","url":"\/40.1\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12776,"edition_id":1,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219723,"object_type":"structure","relational_id":12776,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":72184,"structure_id":16003,"section_number":"40.1-139","catch_line":"Definitions","url":"\/40.1-139\/","token":"40.1\/9\/40.1-139","metadata":false},{"id":62549,"structure_id":16003,"section_number":"40.1-140","catch_line":"Prohibited actions","url":"\/40.1-140\/","token":"40.1\/9\/40.1-140","metadata":false},{"id":69748,"structure_id":16003,"section_number":"40.1-141","catch_line":"Enforcement","url":"\/40.1-141\/","token":"40.1\/9\/40.1-141","metadata":false},{"id":68112,"structure_id":16003,"section_number":"40.1-142","catch_line":"Exemptions","url":"\/40.1-142\/","token":"40.1\/9\/40.1-142","metadata":false}],"previous_section":{"id":69748,"structure_id":16003,"section_number":"40.1-141","catch_line":"Enforcement","url":"\/40.1-141\/","token":"40.1\/9\/40.1-141","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-142\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapter 742<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":72184,"section_number":"40.1-139","catch_line":"Definitions","order_by":null,"url":"\/40.1-139\/"},{"id":76379,"section_number":"54.1-400","catch_line":"Definitions","order_by":null,"url":"\/54.1-400\/"}],"permalink":{"id":220725,"object_type":"law","relational_id":68112,"identifier":"40.1-142","token":"40.1\/9\/40.1-142","url":"\/40.1-142\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-142\/","token":"40.1\/9\/40.1-142","dublin_core":{"Title":"Exemptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-142","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The provisions of this chapter shall not prohibit any person who is not certified as a Certified Associate Industrial Hygienist<\/span>, Certified Industrial Hygienist<\/span>, Industrial Hygienist in Training<\/span>, Certified Safety Professional<\/span>, Associate Safety Professional<\/span>, Occupational Health and Safety Technologist<\/span>, or Construction Health and Safety Technologist<\/span> from performing industrial hygiene<\/span> and safety functions so long as such person does not represent himself to the public as being a Certified Associate Industrial Hygienist<\/span>, Certified Industrial Hygienist<\/span>, Industrial Hygienist in Training<\/span>, Certified Safety Professional<\/span>, Associate Safety Professional<\/span>, Occupational Health and Safety Technologist<\/span>, or Construction Health and Safety Technologist<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Nothing in this chapter shall be construed as authorizing a person certified as a Certified Associate Industrial Hygienist<\/span>, Certified Industrial Hygienist<\/span>, Industrial Hygienist in Training<\/span>, Certified Safety Professional<\/span>, Associate Safety Professional<\/span>, Occupational Health and Safety Technologist<\/span>, or Construction Health and Safety Technologist<\/span> to engage in the practice of architecture or engineering, nor to restrict or otherwise affect the rights of any person licensed as an architect or professional engineer under Chapter 4 (§ 54.1-400<\/a> et seq.) of Title 54.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Nothing in this chapter shall apply to employees<\/span> of the Department<\/span> while they are engaged in the business of the Commonwealth; however, this subsection shall not be construed to authorize an employee<\/span> of the Department<\/span> to use any of the certifications defined in § 40.1-139<\/a> unless such employee<\/span> has been certified as such by the ABIH<\/span>, BCSP<\/span>, or both, as applicable, and such certification has not lapsed or been revoked. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this chapter shall bar an otherwise qualified expert witness<\/span> from testifying in a court<\/span> of this Commonwealth. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXEMPTIONS (\u00a7 40.1-142)\n\nA. The provisions of this chapter shall not prohibit any person who is not\ncertified as a Certified Associate Industrial Hygienist, Certified Industrial\nHygienist, Industrial Hygienist in Training, Certified Safety Professional,\nAssociate Safety Professional, Occupational Health and Safety Technologist, or\nConstruction Health and Safety Technologist from performing industrial hygiene\nand safety functions so long as such person does not represent himself to the\npublic as being a Certified Associate Industrial Hygienist, Certified Industrial\nHygienist, Industrial Hygienist in Training, Certified Safety Professional,\nAssociate Safety Professional, Occupational Health and Safety Technologist, or\nConstruction Health and Safety Technologist.\n\nB. Nothing in this chapter shall be construed as authorizing a person certified\nas a Certified Associate Industrial Hygienist, Certified Industrial Hygienist,\nIndustrial Hygienist in Training, Certified Safety Professional, Associate\nSafety Professional, Occupational Health and Safety Technologist, or\nConstruction Health and Safety Technologist to engage in the practice of\narchitecture or engineering, nor to restrict or otherwise affect the rights of\nany person licensed as an architect or professional engineer under Chapter 4\n(§ 54.1-400 et seq.) of Title 54.1.\n\nC. Nothing in this chapter shall apply to employees of the Department while they\nare engaged in the business of the Commonwealth; however, this subsection shall\nnot be construed to authorize an employee of the Department to use any of the\ncertifications defined in § 40.1-139 unless such employee has been\ncertified as such by the ABIH, BCSP, or both, as applicable, and such\ncertification has not lapsed or been revoked.\n\nD. Nothing in this chapter shall bar an otherwise qualified expert witness from\ntestifying in a court of this Commonwealth.\n\nHISTORY: 2001, c. 742.","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}}