{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-22.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-22.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-22.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-22.html"}],"law_id":77584,"edition_id":1,"section_id":77584,"structure_id":13640,"section_number":"40.1-22","catch_line":"Safety and Health Codes Commission continued as Safety and Health Codes Board","history":"Code 1950, \u00a7 40-20; 1962, c. 66; 1968, c. 272; 1970, cc. 321, 649; 1972, c. 567; 1973, c. 425; 1974, c. 195; 1976, c. 607; 1979, c. 656; 1980, c. 728; 1984, c. 590; 1985, c. 448; 1987, c. 165; 1988, c. 467.","full_text":"1\n\nThe Safety and Health Codes Commission is continued and shall hereafter be known as the Safety and Health Codes Board. The Board shall consist of fourteen members, twelve of whom shall be appointed by the Governor. One member shall, by reason of previous vocation, employment or affiliation, be chosen to represent labor in the manufacturing industry; one member shall, by reason of previous vocation, employment or affiliation, be chosen to represent labor in the construction industry; one member shall, by reason of previous vocation, employment or affiliation, be chosen to represent industrial employers; one member shall be chosen from and be a representative of the general public; one member shall be a representative of agricultural employers; one member shall, by reason of previous vocation, employment or affiliation, be chosen to represent agricultural employees; one member shall, by reason of previous vocation, employment or affiliation, be chosen to represent construction industry employers; one member shall be a representative of an insurance company; one member shall be a labor representative from the boiler pressure vessel industry; one member shall be a labor representative knowledgeable in chemicals and toxic substances; one member shall be an employer representative of the boiler pressure vessel industry; one member shall be an industrial representative knowledgeable in chemical and toxic substances, and the Director of the Department of Environmental Quality or his duly authorized representative shall be a member ex officio with full membership status. The Commissioner of Health or his duly authorized representative shall also be a member ex officio with full membership status.2\n\nThe first appointive members shall be appointed as follows: one for a term of four years, one for a term of three years, one for a term of two years, and one for a term of one year. Of the members appointed to represent the construction industry, one shall be appointed for the term of two years and one shall be appointed for the term of four years. Succeeding appointments shall be for terms of four years each but other vacancies shall be filled by appointment for the unexpired term.3\n\nThe Board shall annually select a chairman from its members. The Board shall meet at least once every six months; other meetings may be held upon call of the chairman or any three members of the Board. Five members of the Board shall constitute a quorum.4\n\nThe Board shall study and investigate all phases of safety in business establishments, the application of this title thereto, and shall serve as advisor to the Commissioner.5\n\nThe Board, with the advice of the Commissioner, is hereby authorized to adopt, alter, amend, or repeal rules and regulations to further, protect and promote the safety and health of employees in places of employment over which it has jurisdiction and to effect compliance with the Federal Occupational Safety and Health Act of 1970 (P.L. 91-596), and as may be necessary to carry out its functions established under this title. The Commissioner shall enforce such rules and regulations. All such rules and regulations shall be designed to protect and promote the safety and health of such employees. In making such rules and regulations to protect the occupational safety and health of employees, the Board shall adopt the standard which most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity. However, such standards shall be at least as stringent as the standards promulgated by the Federal Occupational Safety and Health Act of 1970 (P.L. 91-596). In addition to the attainment of the highest degree of health and safety protection for the employee, other considerations shall be the latest available scientific data in the field, the feasibility of the standards, and experience gained under this and other health and safety laws. Whenever practicable, the standard promulgated shall be expressed in terms of objective criteria and of the performance desired. Such standards when applicable to products which are distributed in interstate commerce shall be the same as federal standards unless deviations are required by compelling local conditions and do not unduly burden interstate commerce.6\n\nChapter 40 (\u00a7 2.2-4000 et seq.) of Title 2.2 shall apply to the adoption of rules and regulations under this section and to proceedings before the Board.6a\n\nThe Board shall provide, without regard to the requirements of Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2, for an emergency temporary standard to take immediate effect upon publication in a newspaper of general circulation, published in the City of Richmond, Virginia, if it determines that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards, and that such emergency standard is necessary to protect employees from such danger. The publication mentioned herein shall constitute notice that the Board intends to adopt such standard within a period of six months. The Board by similar publication shall prior to the expiration of six months give notice of the time and date of, and conduct a hearing on, the adoption of a permanent standard. The emergency temporary standard shall expire within six months or when superseded by a permanent standard, whichever occurs first, or when repealed by the Board.7\n\nAny person who may be adversely affected by a standard issued under this title may challenge the validity of such standard in the Circuit Court of the City of Richmond by declaratory judgment. The determination of the Safety and Health Codes Board shall be conclusive if supported by substantial evidence in the record considered as a whole. Adoption of a federal occupational safety and health standard shall be deemed to be sufficient evidence to support promulgation of such standard. The filing of a petition for declaratory judgment shall not operate as a stay of the standard unless the court issues a preliminary injunction.","order_by":null,"text":{"0":{"id":278345,"text":"The Safety and Health Codes Commission is continued and shall hereafter be known as the Safety and Health Codes Board. The Board shall consist of fourteen members, twelve of whom shall be appointed by the Governor. One member shall, by reason of previous vocation, employment or affiliation, be chosen to represent labor in the manufacturing industry; one member shall, by reason of previous vocation, employment or affiliation, be chosen to represent labor in the construction industry; one member shall, by reason of previous vocation, employment or affiliation, be chosen to represent industrial employers; one member shall be chosen from and be a representative of the general public; one member shall be a representative of agricultural employers; one member shall, by reason of previous vocation, employment or affiliation, be chosen to represent agricultural employees; one member shall, by reason of previous vocation, employment or affiliation, be chosen to represent construction industry employers; one member shall be a representative of an insurance company; one member shall be a labor representative from the boiler pressure vessel industry; one member shall be a labor representative knowledgeable in chemicals and toxic substances; one member shall be an employer representative of the boiler pressure vessel industry; one member shall be an industrial representative knowledgeable in chemical and toxic substances, and the Director of the Department of Environmental Quality or his duly authorized representative shall be a member ex officio with full membership status. The Commissioner of Health or his duly authorized representative shall also be a member ex officio with full membership status.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"2"},"1":{"id":278346,"text":"The first appointive members shall be appointed as follows: one for a term of four years, one for a term of three years, one for a term of two years, and one for a term of one year. Of the members appointed to represent the construction industry, one shall be appointed for the term of two years and one shall be appointed for the term of four years. Succeeding appointments shall be for terms of four years each but other vacancies shall be filled by appointment for the unexpired term.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"2":{"id":278347,"text":"The Board shall annually select a chairman from its members. The Board shall meet at least once every six months; other meetings may be held upon call of the chairman or any three members of the Board. Five members of the Board shall constitute a quorum.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"3":{"id":278348,"text":"The Board shall study and investigate all phases of safety in business establishments, the application of this title thereto, and shall serve as advisor to the Commissioner.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"4":{"id":278349,"text":"The Board, with the advice of the Commissioner, is hereby authorized to adopt, alter, amend, or repeal rules and regulations to further, protect and promote the safety and health of employees in places of employment over which it has jurisdiction and to effect compliance with the Federal Occupational Safety and Health Act of 1970 (P.L. 91-596), and as may be necessary to carry out its functions established under this title. The Commissioner shall enforce such rules and regulations. All such rules and regulations shall be designed to protect and promote the safety and health of such employees. In making such rules and regulations to protect the occupational safety and health of employees, the Board shall adopt the standard which most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity. However, such standards shall be at least as stringent as the standards promulgated by the Federal Occupational Safety and Health Act of 1970 (P.L. 91-596). In addition to the attainment of the highest degree of health and safety protection for the employee, other considerations shall be the latest available scientific data in the field, the feasibility of the standards, and experience gained under this and other health and safety laws. Whenever practicable, the standard promulgated shall be expressed in terms of objective criteria and of the performance desired. Such standards when applicable to products which are distributed in interstate commerce shall be the same as federal standards unless deviations are required by compelling local conditions and do not unduly burden interstate commerce.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"5":{"id":278350,"text":"Chapter 40 (\u00a7 2.2-4000 et seq.) of Title 2.2 shall apply to the adoption of rules and regulations under this section and to proceedings before the Board.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"66a"},"6":{"id":278351,"text":"The Board shall provide, without regard to the requirements of Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2, for an emergency temporary standard to take immediate effect upon publication in a newspaper of general circulation, published in the City of Richmond, Virginia, if it determines that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards, and that such emergency standard is necessary to protect employees from such danger. The publication mentioned herein shall constitute notice that the Board intends to adopt such standard within a period of six months. The Board by similar publication shall prior to the expiration of six months give notice of the time and date of, and conduct a hearing on, the adoption of a permanent standard. The emergency temporary standard shall expire within six months or when superseded by a permanent standard, whichever occurs first, or when repealed by the Board.","type":"section","prefixes":["6","6a"],"prefix":"6a","entire_prefix":"66a","prefix_anchor":"66a","level":2,"prior_prefix":"6","next_prefix":"7"},"7":{"id":278352,"text":"Any person who may be adversely affected by a standard issued under this title may challenge the validity of such standard in the Circuit Court of the City of Richmond by declaratory judgment. The determination of the Safety and Health Codes Board shall be conclusive if supported by substantial evidence in the record considered as a whole. Adoption of a federal occupational safety and health standard shall be deemed to be sufficient evidence to support promulgation of such standard. The filing of a petition for declaratory judgment shall not operate as a stay of the standard unless the court issues a preliminary injunction.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"66a"}},"ancestry":[{"id":13640,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12777,"metadata":{},"date_created":"2026-06-26 03:45:27","date_modified":"2026-06-26 03:45:27","permalink":{"id":219807,"object_type":"structure","relational_id":13640,"identifier":"1","token":"40.1\/3\/1","url":"\/40.1\/3\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12777,"edition_id":1,"name":"Protection of Employees","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12776,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219805,"object_type":"structure","relational_id":12777,"identifier":"3","token":"40.1\/3","url":"\/40.1\/3\/","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":77584,"structure_id":13640,"section_number":"40.1-22","catch_line":"Safety and Health Codes Commission continued as Safety and Health Codes Board","url":"\/40.1-22\/","token":"40.1\/3\/1\/40.1-22","metadata":false},{"id":67414,"structure_id":13640,"section_number":"40.1-22.1","catch_line":"Governor authorized to enter certain agreements","url":"\/40.1-22.1\/","token":"40.1\/3\/1\/40.1-22.1","metadata":false},{"id":64288,"structure_id":13640,"section_number":"40.1-23","catch_line":"Repealed","url":"\/40.1-23\/","token":"40.1\/3\/1\/40.1-23","metadata":false},{"id":66063,"structure_id":13640,"section_number":"40.1-26","catch_line":"Repealed","url":"\/40.1-26\/","token":"40.1\/3\/1\/40.1-26","metadata":false},{"id":56917,"structure_id":13640,"section_number":"40.1-27","catch_line":"Preventing employment by others of former employee","url":"\/40.1-27\/","token":"40.1\/3\/1\/40.1-27","metadata":false},{"id":54740,"structure_id":13640,"section_number":"40.1-27.1","catch_line":"Discharge of employee for absence due to work-related injury prohibited","url":"\/40.1-27.1\/","token":"40.1\/3\/1\/40.1-27.1","metadata":false},{"id":74658,"structure_id":13640,"section_number":"40.1-27.2","catch_line":"Preference for veterans and spouses","url":"\/40.1-27.2\/","token":"40.1\/3\/1\/40.1-27.2","metadata":false},{"id":82455,"structure_id":13640,"section_number":"40.1-27.3","catch_line":"Retaliatory action against employee prohibited","url":"\/40.1-27.3\/","token":"40.1\/3\/1\/40.1-27.3","metadata":false},{"id":78662,"structure_id":13640,"section_number":"40.1-27.4","catch_line":"Discipline for employee's medicinal use of cannabis oil prohibited","url":"\/40.1-27.4\/","token":"40.1\/3\/1\/40.1-27.4","metadata":false},{"id":70077,"structure_id":13640,"section_number":"40.1-28","catch_line":"Unlawful to require payment for medical examination as condition of employment","url":"\/40.1-28\/","token":"40.1\/3\/1\/40.1-28","metadata":false},{"id":68891,"structure_id":13640,"section_number":"40.1-28.01","catch_line":"Nondisclosure or confidentiality agreement; provisions regarding sexual assault or sexual harassment; condition of employment","url":"\/40.1-28.01\/","token":"40.1\/3\/1\/40.1-28.01","metadata":false},{"id":60284,"structure_id":13640,"section_number":"40.1-28.1","catch_line":"Repealed","url":"\/40.1-28.1\/","token":"40.1\/3\/1\/40.1-28.1","metadata":false},{"id":63131,"structure_id":13640,"section_number":"40.1-28.5","catch_line":"Repealed","url":"\/40.1-28.5\/","token":"40.1\/3\/1\/40.1-28.5","metadata":false},{"id":79328,"structure_id":13640,"section_number":"40.1-28.6","catch_line":"Equal pay irrespective of sex","url":"\/40.1-28.6\/","token":"40.1\/3\/1\/40.1-28.6","metadata":false},{"id":68884,"structure_id":13640,"section_number":"40.1-28.7","catch_line":"Repealed","url":"\/40.1-28.7\/","token":"40.1\/3\/1\/40.1-28.7","metadata":false},{"id":64716,"structure_id":13640,"section_number":"40.1-28.7:1","catch_line":"Genetic testing or genetic characteristics as a condition of employment","url":"\/40.1-28.7_1\/","token":"40.1\/3\/1\/40.1-28.7_1","metadata":false},{"id":74612,"structure_id":13640,"section_number":"40.1-28.7:10","catch_line":"Prohibited use of employee's social security number; civil penalty","url":"\/40.1-28.7_10\/","token":"40.1\/3\/1\/40.1-28.7_10","metadata":false},{"id":63600,"structure_id":13640,"section_number":"40.1-28.7:11","catch_line":"Veterans benefits and services poster","url":"\/40.1-28.7_11\/","token":"40.1\/3\/1\/40.1-28.7_11","metadata":false},{"id":81572,"structure_id":13640,"section_number":"40.1-28.7:2","catch_line":"Employers to allow crime victims leave to attend criminal proceedings","url":"\/40.1-28.7_2\/","token":"40.1\/3\/1\/40.1-28.7_2","metadata":false},{"id":55131,"structure_id":13640,"section_number":"40.1-28.7:3","catch_line":"Earned income tax credit; employer notice to employee","url":"\/40.1-28.7_3\/","token":"40.1\/3\/1\/40.1-28.7_3","metadata":false},{"id":54612,"structure_id":13640,"section_number":"40.1-28.7:4","catch_line":"Release of employee's personal identifying information","url":"\/40.1-28.7_4\/","token":"40.1\/3\/1\/40.1-28.7_4","metadata":false},{"id":79093,"structure_id":13640,"section_number":"40.1-28.7:5","catch_line":"Social media accounts of current and prospective employees","url":"\/40.1-28.7_5\/","token":"40.1\/3\/1\/40.1-28.7_5","metadata":false},{"id":80547,"structure_id":13640,"section_number":"40.1-28.7:6","catch_line":"Employers to allow leave for volunteer members of Civil Air Patrol; civil remedy","url":"\/40.1-28.7_6\/","token":"40.1\/3\/1\/40.1-28.7_6","metadata":false},{"id":81771,"structure_id":13640,"section_number":"40.1-28.7:7","catch_line":"Misclassification of workers","url":"\/40.1-28.7_7\/","token":"40.1\/3\/1\/40.1-28.7_7","metadata":false},{"id":64853,"structure_id":13640,"section_number":"40.1-28.7:8","catch_line":"Covenants not to compete prohibited; exceptions; civil penalty","url":"\/40.1-28.7_8\/","token":"40.1\/3\/1\/40.1-28.7_8","metadata":false},{"id":58507,"structure_id":13640,"section_number":"40.1-28.7:9","catch_line":"Limiting employees' sharing wage information with other persons prohibited; civil penalty","url":"\/40.1-28.7_9\/","token":"40.1\/3\/1\/40.1-28.7_9","metadata":false}],"next_section":{"id":67414,"structure_id":13640,"section_number":"40.1-22.1","catch_line":"Governor authorized to enter certain agreements","url":"\/40.1-22.1\/","token":"40.1\/3\/1\/40.1-22.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-22\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 13 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 1968, chapter 272; in 1970, chapters 321 and 649; in 1972, chapter 567; in 1973, chapter 425; in 1974, chapter 195; in 1976, chapter 607; in 1979, chapter 656; in 1980, chapter 728; in 1984, chapter 590; in 1985, chapter 448; in 1987, chapter 165; in 1988, chapter 467.<\/p>","references":[{"id":63142,"section_number":"32.1-203","catch_line":"Definitions","order_by":null,"url":"\/32.1-203\/"},{"id":87475,"section_number":"32.1-211","catch_line":"Regulations","order_by":null,"url":"\/32.1-211\/"},{"id":85981,"section_number":"40.1-51.1","catch_line":"Duties of employers","order_by":null,"url":"\/40.1-51.1\/"},{"id":80439,"section_number":"59.1-408","catch_line":"Prohibited activities","order_by":null,"url":"\/59.1-408\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"}],"permalink":{"id":219809,"object_type":"law","relational_id":77584,"identifier":"40.1-22","token":"40.1\/3\/1\/40.1-22","url":"\/40.1-22\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-22\/","token":"40.1\/3\/1\/40.1-22","dublin_core":{"Title":"Safety and Health Codes Commission continued as Safety and Health Codes Board","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-22","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

1.<\/span> The Safety and Health Codes Commission<\/span> is continued and shall hereafter be known as the Safety and Health Codes Board<\/span>. The Board<\/span> shall consist of fourteen members, twelve of whom shall be appointed by the Governor. One member shall, by reason of previous vocation, employment or affiliation, be chosen to represent labor in the manufacturing industry; one member shall, by reason of previous vocation, employment or affiliation, be chosen to represent labor in the construction industry; one member shall, by reason of previous vocation, employment or affiliation, be chosen to represent industrial employers<\/span>; one member shall be chosen from and be a representative of the general public; one member shall be a representative of agricultural employers<\/span>; one member shall, by reason of previous vocation, employment or affiliation, be chosen to represent agricultural employees<\/span>; one member shall, by reason of previous vocation, employment or affiliation, be chosen to represent construction industry employers<\/span>; one member shall be a representative of an insurance company; one member shall be a labor representative from the boiler pressure vessel industry; one member shall be a labor representative knowledgeable in chemicals and toxic substances; one member shall be an employer<\/span> representative of the boiler pressure vessel industry; one member shall be an industrial representative knowledgeable in chemical and toxic substances, and the Director of the Department<\/span> of Environmental Quality or his duly authorized representative shall be a member ex officio with full membership status. The Commissioner<\/span> of Health or his duly authorized representative shall also be a member ex officio with full membership status. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The first appointive members shall be appointed as follows: one for a term of four years, one for a term of three years, one for a term of two years, and one for a term of one year. Of the members appointed to represent the construction industry, one shall be appointed for the term of two years and one shall be appointed for the term of four years. Succeeding appointments shall be for terms of four years each but other vacancies shall be filled by appointment for the unexpired term. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Board<\/span> shall annually select a chairman from its members. The Board<\/span> shall meet at least once every six months; other meetings may be held upon call of the chairman or any three members of the Board<\/span>. Five members of the Board<\/span> shall constitute a quorum. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The Board<\/span> shall study and investigate all phases of safety in business establishments<\/span>, the application of this title thereto, and shall serve as advisor to the Commissioner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The Board<\/span>, with the advice of the Commissioner<\/span>, is hereby authorized to adopt, alter, amend<\/span>, or repeal rules and regulations to further, protect and promote the safety and health of employees<\/span> in places of employment over which it has jurisdiction<\/span> and to effect compliance with the Federal Occupational Safety and Health Act of 1970 (P.L. 91-596), and as may be necessary to carry out its functions established under this title. The Commissioner<\/span> shall enforce such rules and regulations. All such rules and regulations shall be designed to protect and promote the safety and health of such employees<\/span>. In making such rules and regulations to protect the occupational safety and health of employees<\/span>, the Board<\/span> shall adopt the standard which most adequately assures, to the extent feasible, on the basis of the best available evidence<\/span>, that no employee<\/span> will suffer material<\/span> impairment of health or functional capacity. However, such standards shall be at least as stringent as the standards promulgated by the Federal Occupational Safety and Health Act of 1970 (P.L. 91-596). In addition to the attainment of the highest degree of health and safety protection for the employee<\/span>, other considerations shall be the latest available scientific data in the field, the feasibility of the standards, and experience gained under this and other health and safety laws<\/span>. Whenever practicable, the standard promulgated shall be expressed in terms of objective criteria and of the performance desired. Such standards when applicable to products which are distributed in interstate commerce shall be the same as federal standards unless deviations are required by compelling local conditions and do not unduly burden interstate commerce. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Chapter 40 (\u00a7 2.2-4000<\/a> et seq.) of Title 2.2 shall apply to the adoption of rules and regulations under this section and to proceedings before the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6a.<\/span> The Board<\/span> shall provide, without regard to the requirements of Chapter 40 (§ 2.2-4000<\/a> et seq.) of Title 2.2, for an emergency temporary standard to take immediate effect upon publication in a newspaper of general circulation, published in the City of Richmond, Virginia, if it determines that employees<\/span> are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards, and that such emergency standard is necessary to protect employees<\/span> from such danger. The publication mentioned herein shall constitute notice that the Board<\/span> intends to adopt such standard within a period of six months. The Board<\/span> by similar publication shall prior to the expiration of six months give notice of the time and date of, and conduct a hearing<\/span> on, the adoption of a permanent standard. The emergency temporary standard shall expire within six months or when superseded by a permanent standard, whichever occurs first, or when repealed by the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Any person who may be adversely affected by a standard issued under this title may challenge the validity of such standard in the Circuit<\/span> Court<\/span> of the City of Richmond by declaratory judgment<\/span>. The determination of the Safety and Health Codes Board<\/span> shall be conclusive if supported by substantial evidence<\/span> in the record considered as a whole. Adoption of a federal occupational safety and health standard shall be deemed to be sufficient evidence<\/span> to support promulgation of such standard. The filing of a petition<\/span> for declaratory judgment<\/span> shall not operate as a stay<\/span> of the standard unless the court<\/span> issues<\/span> a preliminary injunction<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSAFETY AND HEALTH CODES COMMISSION CONTINUED AS SAFETY AND HEALTH CODES BOARD\n(\u00a7 40.1-22)\n\n1. The Safety and Health Codes Commission is continued and shall hereafter be\nknown as the Safety and Health Codes Board. The Board shall consist of fourteen\nmembers, twelve of whom shall be appointed by the Governor. One member shall, by\nreason of previous vocation, employment or affiliation, be chosen to represent\nlabor in the manufacturing industry; one member shall, by reason of previous\nvocation, employment or affiliation, be chosen to represent labor in the\nconstruction industry; one member shall, by reason of previous vocation,\nemployment or affiliation, be chosen to represent industrial employers; one\nmember shall be chosen from and be a representative of the general public; one\nmember shall be a representative of agricultural employers; one member shall, by\nreason of previous vocation, employment or affiliation, be chosen to represent\nagricultural employees; one member shall, by reason of previous vocation,\nemployment or affiliation, be chosen to represent construction industry\nemployers; one member shall be a representative of an insurance company; one\nmember shall be a labor representative from the boiler pressure vessel industry;\none member shall be a labor representative knowledgeable in chemicals and toxic\nsubstances; one member shall be an employer representative of the boiler\npressure vessel industry; one member shall be an industrial representative\nknowledgeable in chemical and toxic substances, and the Director of the\nDepartment of Environmental Quality or his duly authorized representative shall\nbe a member ex officio with full membership status. The Commissioner of Health\nor his duly authorized representative shall also be a member ex officio with\nfull membership status.\n\n2. The first appointive members shall be appointed as follows: one for a term of\nfour years, one for a term of three years, one for a term of two years, and one\nfor a term of one year. Of the members appointed to represent the construction\nindustry, one shall be appointed for the term of two years and one shall be\nappointed for the term of four years. Succeeding appointments shall be for terms\nof four years each but other vacancies shall be filled by appointment for the\nunexpired term.\n\n3. The Board shall annually select a chairman from its members. The Board shall\nmeet at least once every six months; other meetings may be held upon call of the\nchairman or any three members of the Board. Five members of the Board shall\nconstitute a quorum.\n\n4. The Board shall study and investigate all phases of safety in business\nestablishments, the application of this title thereto, and shall serve as\nadvisor to the Commissioner.\n\n5. The Board, with the advice of the Commissioner, is hereby authorized to\nadopt, alter, amend, or repeal rules and regulations to further, protect and\npromote the safety and health of employees in places of employment over which it\nhas jurisdiction and to effect compliance with the Federal Occupational Safety\nand Health Act of 1970 (P.L. 91-596), and as may be necessary to carry out its\nfunctions established under this title. The Commissioner shall enforce such\nrules and regulations. All such rules and regulations shall be designed to\nprotect and promote the safety and health of such employees. In making such\nrules and regulations to protect the occupational safety and health of\nemployees, the Board shall adopt the standard which most adequately assures, to\nthe extent feasible, on the basis of the best available evidence, that no\nemployee will suffer material impairment of health or functional capacity.\nHowever, such standards shall be at least as stringent as the standards\npromulgated by the Federal Occupational Safety and Health Act of 1970 (P.L.\n91-596). In addition to the attainment of the highest degree of health and\nsafety protection for the employee, other considerations shall be the latest\navailable scientific data in the field, the feasibility of the standards, and\nexperience gained under this and other health and safety laws. Whenever\npracticable, the standard promulgated shall be expressed in terms of objective\ncriteria and of the performance desired. Such standards when applicable to\nproducts which are distributed in interstate commerce shall be the same as\nfederal standards unless deviations are required by compelling local conditions\nand do not unduly burden interstate commerce.\n\n6. Chapter 40 (\u00a7 2.2-4000 et seq.) of Title 2.2 shall apply to the adoption of\nrules and regulations under this section and to proceedings before the Board.\n\n 6a. The Board shall provide, without regard to the requirements of Chapter 40\n (§ 2.2-4000 et seq.) of Title 2.2, for an emergency temporary standard to\n take immediate effect upon publication in a newspaper of general circulation,\n published in the City of Richmond, Virginia, if it determines that employees\n are exposed to grave danger from exposure to substances or agents determined\n to be toxic or physically harmful or from new hazards, and that such emergency\n standard is necessary to protect employees from such danger. The publication\n mentioned herein shall constitute notice that the Board intends to adopt such\n standard within a period of six months. The Board by similar publication shall\n prior to the expiration of six months give notice of the time and date of, and\n conduct a hearing on, the adoption of a permanent standard. The emergency\n temporary standard shall expire within six months or when superseded by a\n permanent standard, whichever occurs first, or when repealed by the Board.\n\n7. Any person who may be adversely affected by a standard issued under this\ntitle may challenge the validity of such standard in the Circuit Court of the\nCity of Richmond by declaratory judgment. The determination of the Safety and\nHealth Codes Board shall be conclusive if supported by substantial evidence in\nthe record considered as a whole. Adoption of a federal occupational safety and\nhealth standard shall be deemed to be sufficient evidence to support\npromulgation of such standard. The filing of a petition for declaratory judgment\nshall not operate as a stay of the standard unless the court issues a\npreliminary injunction.\n\nHISTORY: Code 1950, \u00a7 40-20; 1962, c. 66; 1968, c. 272; 1970, cc. 321, 649;\n1972, c. 567; 1973, c. 425; 1974, c. 195; 1976, c. 607; 1979, c. 656; 1980, c.\n728; 1984, c. 590; 1985, c. 448; 1987, c. 165; 1988, c. 467.","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}}