{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-2.html"}],"law_id":55221,"edition_id":1,"section_id":55221,"structure_id":13551,"section_number":"40.1-2","catch_line":"Definitions","history":"Code 1950, \u00a7 40-1.1; 1962, c. 66; 1966, c. 90; 1970, c. 321; 1972, c. 567; 1973, c. 425; 1985, c. 448; 2004, c. 294; 2021, Sp. Sess. I, cc. 509, 513; 2025, cc. 699, 705.","full_text":"As used in this title, unless the context clearly requires otherwise, the following terms have the following meanings:\n\t\t&#8220;Board&#8221; means the Safety and Health Codes Board.\n\t\t&#8220;Business establishment&#8221; means any proprietorship, firm, or corporation where people are employed, permitted, or suffered to work, including agricultural employment on a farm.\n\t\t&#8220;Commission&#8221; means the Safety and Health Codes Board.\n\t\t&#8220;Commissioner&#8221; means the Commissioner of Labor and Industry. Except where the context clearly indicates the contrary, any reference to &#8220;Commissioner&#8221; shall include his authorized representatives.\n\t\t&#8220;Content&#8221; means audiovisual content shared on an online platform in exchange for compensation.\n\t\t&#8220;Content creator&#8221; means an individual or individuals 18 years of age or older, including family members, who create video content performed in the Commonwealth in exchange for compensation, and includes any proprietorship, partnership, company, or other corporate entity assuming the name or identity of a particular individual or family for the purposes of the content creation. &#8220;Content creator&#8221; does not include a child who produces his own video content.\n\t\t&#8220;Department&#8221; means the Department of Labor and Industry.\n\t\t&#8220;Domestic service&#8221; means services related to the care of an individual in a private home or the maintenance of a private home or its premises, on a permanent or temporary basis, including services performed by individuals such as companions, cooks, waiters, butlers, maids, valets, and chauffeurs. &#8220;Domestic service&#8221; does not include work that is irregular, uncertain, or incidental in nature and duration.\n\t\t&#8220;Employ&#8221; shall include to permit or suffer to work.\n\t\t&#8220;Employee&#8221; means any person who, in consideration of wages, salaries, or commissions, may be permitted, required, or directed by any employer to engage in any employment directly or indirectly.\n\t\t&#8220;Employer&#8221; means an individual, partnership, association, corporation, legal representative, receiver, trustee, or trustee in bankruptcy doing business in or operating within this Commonwealth who employs another to work for wages, salaries, or on commission and shall include any similar entity acting directly or indirectly in the interest of an employer in relation to an employee.\n\t\t&#8220;Female&#8221; or &#8220;woman&#8221; means a female 18 years of age or over.\n\t\t&#8220;Machinery&#8221; means machines, belts, pulleys, motors, engines, gears, vats, pits, elevators, conveyors, shafts, or tunnels, including machinery being operated on farms in connection with the production or harvesting of agricultural products.\n\t\t&#8220;Online platform&#8221; means any public-facing website, web application, or digital application, including a mobile application. &#8220;Online platform&#8221; includes a social network, advertising network, mobile operating system, search engine, email service, or Internet access service.","order_by":null,"text":{"0":{"id":202501,"text":"As used in this title, unless the context clearly requires otherwise, the following terms have the following meanings:\n\t\t&#8220;Board&#8221; means the Safety and Health Codes Board.\n\t\t&#8220;Business establishment&#8221; means any proprietorship, firm, or corporation where people are employed, permitted, or suffered to work, including agricultural employment on a farm.\n\t\t&#8220;Commission&#8221; means the Safety and Health Codes Board.\n\t\t&#8220;Commissioner&#8221; means the Commissioner of Labor and Industry. Except where the context clearly indicates the contrary, any reference to &#8220;Commissioner&#8221; shall include his authorized representatives.\n\t\t&#8220;Content&#8221; means audiovisual content shared on an online platform in exchange for compensation.\n\t\t&#8220;Content creator&#8221; means an individual or individuals 18 years of age or older, including family members, who create video content performed in the Commonwealth in exchange for compensation, and includes any proprietorship, partnership, company, or other corporate entity assuming the name or identity of a particular individual or family for the purposes of the content creation. &#8220;Content creator&#8221; does not include a child who produces his own video content.\n\t\t&#8220;Department&#8221; means the Department of Labor and Industry.\n\t\t&#8220;Domestic service&#8221; means services related to the care of an individual in a private home or the maintenance of a private home or its premises, on a permanent or temporary basis, including services performed by individuals such as companions, cooks, waiters, butlers, maids, valets, and chauffeurs. &#8220;Domestic service&#8221; does not include work that is irregular, uncertain, or incidental in nature and duration.\n\t\t&#8220;Employ&#8221; shall include to permit or suffer to work.\n\t\t&#8220;Employee&#8221; means any person who, in consideration of wages, salaries, or commissions, may be permitted, required, or directed by any employer to engage in any employment directly or indirectly.\n\t\t&#8220;Employer&#8221; means an individual, partnership, association, corporation, legal representative, receiver, trustee, or trustee in bankruptcy doing business in or operating within this Commonwealth who employs another to work for wages, salaries, or on commission and shall include any similar entity acting directly or indirectly in the interest of an employer in relation to an employee.\n\t\t&#8220;Female&#8221; or &#8220;woman&#8221; means a female 18 years of age or over.\n\t\t&#8220;Machinery&#8221; means machines, belts, pulleys, motors, engines, gears, vats, pits, elevators, conveyors, shafts, or tunnels, including machinery being operated on farms in connection with the production or harvesting of agricultural products.\n\t\t&#8220;Online platform&#8221; means any public-facing website, web application, or digital application, including a mobile application. &#8220;Online platform&#8221; includes a social network, advertising network, mobile operating system, search engine, email service, or Internet access service.","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":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},"next_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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-2\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 8 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 1962, chapter 66; in 1966, chapter 90; in 1970, chapter 321; in 1972, chapter 567; in 1973, chapter 425; in 1985, chapter 448; in 2004, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0294\">294<\/a>; in 2025, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0699\">699<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0705\">705<\/a>.<\/p>","references":[{"id":78662,"section_number":"40.1-27.4","catch_line":"Discipline for employee's medicinal use of cannabis oil prohibited","order_by":null,"url":"\/40.1-27.4\/"},{"id":79093,"section_number":"40.1-28.7:5","catch_line":"Social media accounts of current and prospective employees","order_by":null,"url":"\/40.1-28.7_5\/"},{"id":75518,"section_number":"40.1-33.3","catch_line":"Definitions","order_by":null,"url":"\/40.1-33.3\/"},{"id":85185,"section_number":"40.1-33.7","catch_line":"Definitions","order_by":null,"url":"\/40.1-33.7\/"}],"refers_to":false,"permalink":{"id":219755,"object_type":"law","relational_id":55221,"identifier":"40.1-2","token":"40.1\/1\/40.1-2","url":"\/40.1-2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-2\/","token":"40.1\/1\/40.1-2","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>As used in this title, unless the context clearly requires otherwise, the following terms have the following meanings:\n\t\t&#8220;<span class=\"dictionary\">Board<\/span>&#8221; means the Safety and Health Codes <span class=\"dictionary\">Board<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Business establishment<\/span>&#8221; means any proprietorship, firm, or corporation where people are employed, permitted, or suffered to work, including agricultural employment on a farm.\n\t\t&#8220;<span class=\"dictionary\">Commission<\/span>&#8221; means the Safety and Health Codes <span class=\"dictionary\">Board<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Commissioner<\/span>&#8221; means the <span class=\"dictionary\">Commissioner<\/span> of Labor and Industry. Except where the context clearly indicates the contrary, any reference to &#8220;<span class=\"dictionary\">Commissioner<\/span>&#8221; shall include his authorized representatives.\n\t\t&#8220;Content&#8221; means audiovisual content shared on an <span class=\"dictionary\">online platform<\/span> in exchange for compensation.\n\t\t&#8220;<span class=\"dictionary\">Content creator<\/span>&#8221; means an individual or individuals 18 years of age or older, including family members, who create video content performed in the Commonwealth in exchange for compensation, and includes any proprietorship, partnership, company, or other corporate entity assuming the name or identity of a particular individual or family for the purposes of the content creation. &#8220;<span class=\"dictionary\">Content creator<\/span>&#8221; does not include a child who produces his own video content.\n\t\t&#8220;<span class=\"dictionary\">Department<\/span>&#8221; means the <span class=\"dictionary\">Department<\/span> of Labor and Industry.\n\t\t&#8220;<span class=\"dictionary\">Domestic service<\/span>&#8221; means services related to the care of an individual in a private home or the maintenance of a private home or its premises, on a permanent or temporary basis, including services performed by individuals such as companions, cooks, waiters, butlers, maids, valets, and chauffeurs. &#8220;<span class=\"dictionary\">Domestic service<\/span>&#8221; does not include work that is irregular, uncertain, or incidental in nature and duration.\n\t\t&#8220;<span class=\"dictionary\">Employ<\/span>&#8221; shall include to permit or suffer to work.\n\t\t&#8220;<span class=\"dictionary\">Employee<\/span>&#8221; means any person who, in consideration of wages, salaries, or <span class=\"dictionary\">commissions<\/span>, may be permitted, required, or directed by any <span class=\"dictionary\">employer<\/span> to engage in any employment directly or indirectly.\n\t\t&#8220;<span class=\"dictionary\">Employer<\/span>&#8221; means an individual, partnership, association, corporation, legal representative, receiver, trustee, or trustee in <span class=\"dictionary\">bankruptcy<\/span> doing business in or operating within this Commonwealth who <span class=\"dictionary\">employs<\/span> another to work for wages, salaries, or on <span class=\"dictionary\">commission<\/span> and shall include any similar entity acting directly or indirectly in the interest of an <span class=\"dictionary\">employer<\/span> in relation to an <span class=\"dictionary\">employee<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Female<\/span>&#8221; or &#8220;<span class=\"dictionary\">woman<\/span>&#8221; means a <span class=\"dictionary\">female<\/span> 18 years of age or over.\n\t\t&#8220;<span class=\"dictionary\">Machinery<\/span>&#8221; means machines, belts, pulleys, motors, engines, gears, vats, pits, elevators, conveyors, shafts, or tunnels, including <span class=\"dictionary\">machinery<\/span> being operated on farms in connection with the production or harvesting of agricultural products.\n\t\t&#8220;<span class=\"dictionary\">Online platform<\/span>&#8221; means any public-facing website, web application, or digital application, including a mobile application. &#8220;<span class=\"dictionary\">Online platform<\/span>&#8221; includes a social network, advertising network, mobile operating system, search engine, email service, or Internet access service.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 40.1-2)\n\nAs used in this title, unless the context clearly requires otherwise, the\nfollowing terms have the following meanings:\n\t\t&#8220;Board&#8221; means the Safety and Health Codes Board.\n\t\t&#8220;Business establishment&#8221; means any proprietorship, firm, or\ncorporation where people are employed, permitted, or suffered to work, including\nagricultural employment on a farm.\n\t\t&#8220;Commission&#8221; means the Safety and Health Codes Board.\n\t\t&#8220;Commissioner&#8221; means the Commissioner of Labor and Industry.\nExcept where the context clearly indicates the contrary, any reference to\n&#8220;Commissioner&#8221; shall include his authorized representatives.\n\t\t&#8220;Content&#8221; means audiovisual content shared on an online platform\nin exchange for compensation.\n\t\t&#8220;Content creator&#8221; means an individual or individuals 18 years of\nage or older, including family members, who create video content performed in\nthe Commonwealth in exchange for compensation, and includes any proprietorship,\npartnership, company, or other corporate entity assuming the name or identity of\na particular individual or family for the purposes of the content creation.\n&#8220;Content creator&#8221; does not include a child who produces his own\nvideo content.\n\t\t&#8220;Department&#8221; means the Department of Labor and Industry.\n\t\t&#8220;Domestic service&#8221; means services related to the care of an\nindividual in a private home or the maintenance of a private home or its\npremises, on a permanent or temporary basis, including services performed by\nindividuals such as companions, cooks, waiters, butlers, maids, valets, and\nchauffeurs. &#8220;Domestic service&#8221; does not include work that is\nirregular, uncertain, or incidental in nature and duration.\n\t\t&#8220;Employ&#8221; shall include to permit or suffer to work.\n\t\t&#8220;Employee&#8221; means any person who, in consideration of wages,\nsalaries, or commissions, may be permitted, required, or directed by any\nemployer to engage in any employment directly or indirectly.\n\t\t&#8220;Employer&#8221; means an individual, partnership, association,\ncorporation, legal representative, receiver, trustee, or trustee in bankruptcy\ndoing business in or operating within this Commonwealth who employs another to\nwork for wages, salaries, or on commission and shall include any similar entity\nacting directly or indirectly in the interest of an employer in relation to an\nemployee.\n\t\t&#8220;Female&#8221; or &#8220;woman&#8221; means a female 18 years of age or\nover.\n\t\t&#8220;Machinery&#8221; means machines, belts, pulleys, motors, engines,\ngears, vats, pits, elevators, conveyors, shafts, or tunnels, including machinery\nbeing operated on farms in connection with the production or harvesting of\nagricultural products.\n\t\t&#8220;Online platform&#8221; means any public-facing website, web\napplication, or digital application, including a mobile application.\n&#8220;Online platform&#8221; includes a social network, advertising network,\nmobile operating system, search engine, email service, or Internet access\nservice.\n\nHISTORY: Code 1950, \u00a7 40-1.1; 1962, c. 66; 1966, c. 90; 1970, c. 321; 1972, c.\n567; 1973, c. 425; 1985, c. 448; 2004, c. 294; 2021, Sp. Sess. I, cc. 509, 513;\n2025, cc. 699, 705.","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}}