{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-2.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-2.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-2.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-2.1.html"}],"law_id":56195,"edition_id":1,"section_id":56195,"structure_id":13551,"section_number":"40.1-2.1","catch_line":"Application of title to Commonwealth and its agencies, etc.; safety and health program for public employees","history":"1973, c. 425; 2016, c. 526.","full_text":"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 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 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.","order_by":null,"text":{"0":{"id":205886,"text":"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 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 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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13551,"edition_id":1,"name":"Department of Labor and Industry","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12776,"metadata":{},"date_created":"2026-06-26 03:45:12","date_modified":"2026-06-26 03:45:12","permalink":{"id":219725,"object_type":"structure","relational_id":13551,"identifier":"1","token":"40.1\/1","url":"\/40.1\/1\/","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":66836,"structure_id":13551,"section_number":"40.1-1","catch_line":"Department continued; powers and duties generally; delegation of authority concerning occupational health","url":"\/40.1-1\/","token":"40.1\/1\/40.1-1","metadata":false},{"id":72235,"structure_id":13551,"section_number":"40.1-10","catch_line":"Offenses in regard to examinations, inspections, etc","url":"\/40.1-10\/","token":"40.1\/1\/40.1-10","metadata":false},{"id":57321,"structure_id":13551,"section_number":"40.1-11","catch_line":"Using or revealing information gathered","url":"\/40.1-11\/","token":"40.1\/1\/40.1-11","metadata":false},{"id":70693,"structure_id":13551,"section_number":"40.1-11.1","catch_line":"Employment of illegal immigrants","url":"\/40.1-11.1\/","token":"40.1\/1\/40.1-11.1","metadata":false},{"id":69209,"structure_id":13551,"section_number":"40.1-11.2","catch_line":"Participation in E-Verify program","url":"\/40.1-11.2\/","token":"40.1\/1\/40.1-11.2","metadata":false},{"id":54516,"structure_id":13551,"section_number":"40.1-11.3","catch_line":"Human trafficking hotline; posted notice required; civil penalty","url":"\/40.1-11.3\/","token":"40.1\/1\/40.1-11.3","metadata":false},{"id":85128,"structure_id":13551,"section_number":"40.1-11.4","catch_line":"Seizure first aid posters","url":"\/40.1-11.4\/","token":"40.1\/1\/40.1-11.4","metadata":false},{"id":55221,"structure_id":13551,"section_number":"40.1-2","catch_line":"Definitions","url":"\/40.1-2\/","token":"40.1\/1\/40.1-2","metadata":false},{"id":54650,"structure_id":13551,"section_number":"40.1-2.01","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/40.1-2.01\/","token":"40.1\/1\/40.1-2.01","metadata":false},{"id":56195,"structure_id":13551,"section_number":"40.1-2.1","catch_line":"Application of title to Commonwealth and its agencies, etc.; safety and health program for public employees","url":"\/40.1-2.1\/","token":"40.1\/1\/40.1-2.1","metadata":false},{"id":64264,"structure_id":13551,"section_number":"40.1-3","catch_line":"Title provides for safety, health and welfare of employees","url":"\/40.1-3\/","token":"40.1\/1\/40.1-3","metadata":false},{"id":59713,"structure_id":13551,"section_number":"40.1-4","catch_line":"Repealed","url":"\/40.1-4\/","token":"40.1\/1\/40.1-4","metadata":false},{"id":79387,"structure_id":13551,"section_number":"40.1-4.1","catch_line":"Annual report","url":"\/40.1-4.1\/","token":"40.1\/1\/40.1-4.1","metadata":false},{"id":71671,"structure_id":13551,"section_number":"40.1-5","catch_line":"Governor to appoint Commissioner of Labor and Industry","url":"\/40.1-5\/","token":"40.1\/1\/40.1-5","metadata":false},{"id":63744,"structure_id":13551,"section_number":"40.1-6","catch_line":"Powers and duties of Commissioner","url":"\/40.1-6\/","token":"40.1\/1\/40.1-6","metadata":false},{"id":75840,"structure_id":13551,"section_number":"40.1-7","catch_line":"Attorney for the Commonwealth to prosecute on request of Commissioner","url":"\/40.1-7\/","token":"40.1\/1\/40.1-7","metadata":false},{"id":72858,"structure_id":13551,"section_number":"40.1-8","catch_line":"Other officers to furnish information; protected health information under certain circumstances","url":"\/40.1-8\/","token":"40.1\/1\/40.1-8","metadata":false},{"id":64141,"structure_id":13551,"section_number":"40.1-9","catch_line":"How Department maintained","url":"\/40.1-9\/","token":"40.1\/1\/40.1-9","metadata":false}],"previous_section":{"id":54650,"structure_id":13551,"section_number":"40.1-2.01","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/40.1-2.01\/","token":"40.1\/1\/40.1-2.01","metadata":false},"next_section":{"id":64264,"structure_id":13551,"section_number":"40.1-3","catch_line":"Title provides for safety, health and welfare of employees","url":"\/40.1-3\/","token":"40.1\/1\/40.1-3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-2.1\/","history_text":"

This law was first created in 1973. The record of its establishment is cataloged in chapter 425 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. Unfortunately, the 1973 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 2016, chapter 526<\/a>.<\/p>","references":[{"id":85185,"section_number":"40.1-33.7","catch_line":"Definitions","order_by":null,"url":"\/40.1-33.7\/"},{"id":82115,"section_number":"40.1-51.4:4","catch_line":"Prohibition of use of polygraphs in certain employment situations","order_by":null,"url":"\/40.1-51.4_4\/"}],"refers_to":false,"permalink":{"id":219763,"object_type":"law","relational_id":56195,"identifier":"40.1-2.1","token":"40.1\/1\/40.1-2.1","url":"\/40.1-2.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-2.1\/","token":"40.1\/1\/40.1-2.1","dublin_core":{"Title":"Application of title to Commonwealth and its agencies, etc.; safety and health program for public employees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-2.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

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<\/span> or the Board<\/span>. The Commissioner<\/span> is authorized to establish and maintain an effective and comprehensive occupational safety and health program applicable to employees<\/span> 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<\/span> or the Board<\/span> shall establish procedures and adopt regulations for enforcing the program 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<\/span>, including judicial review; and (v) other sanctions<\/span> to be applied for violations.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPLICATION OF TITLE TO COMMONWEALTH AND ITS AGENCIES, ETC.; SAFETY AND HEALTH\nPROGRAM FOR PUBLIC EMPLOYEES (\u00a7 40.1-2.1)\n\nThe provisions of this title and any rules and regulations promulgated pursuant\nthereto shall not apply to the Commonwealth or any of its agencies,\ninstitutions, or political subdivisions, or any public body, unless, and to the\nextent that, coverage is extended by specific regulation of the Commissioner or\nthe Board. The Commissioner is authorized to establish and maintain an effective\nand comprehensive occupational safety and health program applicable to employees\nof the Commonwealth, its agencies, institutions, political subdivisions, or any\npublic body. Such program shall be subject to any State plan submitted to the\nfederal government for State enforcement of the Federal Occupational Safety and\nHealth Act of 1970 (P.L. 91-596), or any other regulation promulgated under\nTitle 40.1. The Commissioner or the Board shall establish procedures and adopt\nregulations for enforcing the program that shall include provisions for (i) the\nissuance of proposed penalties; (ii) the payment of such penalties or a\nnegotiated sum in lieu of such penalties; (iii) the deposit of such payments\ninto the general fund of the state treasury; (iv) fair hearings, including\njudicial review; and (v) other sanctions to be applied for violations.\n\nHISTORY: 1973, c. 425; 2016, c. 526.","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}}