{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-49.11.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-49.11.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-49.11.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-49.11.html"}],"law_id":78471,"edition_id":1,"section_id":78471,"structure_id":13493,"section_number":"40.1-49.11","catch_line":"Conduct of inspection, testing, or collection of samples for analysis","history":"1987, c. 643.","full_text":"No warrant shall be executed in the absence of the owner, operator or agent in charge of the particular place, things or persons unless specifically authorized by the issuing judicial officer upon showing that such authority is reasonably necessary to effect the purposes of a law or regulation being enforced. An entry pursuant to this warrant shall not be made forcibly, except that the issuing officer may expressly authorize a forcible entry (i) where facts are shown sufficient to create a reasonable suspicion of an immediate threat to an employee&#8217;s health or safety, or (ii) where facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. If forcible entry is authorized, the warrant shall be issued jointly to the Commissioner and to a law-enforcement officer who shall accompany the Commissioner&#8217;s representative during the execution.","order_by":null,"text":{"0":{"id":281291,"text":"No warrant shall be executed in the absence of the owner, operator or agent in charge of the particular place, things or persons unless specifically authorized by the issuing judicial officer upon showing that such authority is reasonably necessary to effect the purposes of a law or regulation being enforced. An entry pursuant to this warrant shall not be made forcibly, except that the issuing officer may expressly authorize a forcible entry (i) where facts are shown sufficient to create a reasonable suspicion of an immediate threat to an employee&#8217;s health or safety, or (ii) where facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. If forcible entry is authorized, the warrant shall be issued jointly to the Commissioner and to a law-enforcement officer who shall accompany the Commissioner&#8217;s representative during the execution.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13493,"edition_id":1,"name":"Safety Provisions","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":12777,"metadata":{},"date_created":"2026-06-26 03:45:02","date_modified":"2026-06-26 03:45:02","permalink":{"id":220037,"object_type":"structure","relational_id":13493,"identifier":"5","token":"40.1\/3\/5","url":"\/40.1\/3\/5\/","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":75689,"structure_id":13493,"section_number":"40.1-41","catch_line":"Repealed","url":"\/40.1-41\/","token":"40.1\/3\/5\/40.1-41","metadata":false},{"id":60980,"structure_id":13493,"section_number":"40.1-44","catch_line":"Repealed","url":"\/40.1-44\/","token":"40.1\/3\/5\/40.1-44","metadata":false},{"id":55589,"structure_id":13493,"section_number":"40.1-44.1","catch_line":"Rules and regulations relating to tramways and other hauling and lifting devices","url":"\/40.1-44.1\/","token":"40.1\/3\/5\/40.1-44.1","metadata":false},{"id":56930,"structure_id":13493,"section_number":"40.1-45","catch_line":"Repealed","url":"\/40.1-45\/","token":"40.1\/3\/5\/40.1-45","metadata":false},{"id":58120,"structure_id":13493,"section_number":"40.1-49","catch_line":"Repealed","url":"\/40.1-49\/","token":"40.1\/3\/5\/40.1-49","metadata":false},{"id":85572,"structure_id":13493,"section_number":"40.1-49.1","catch_line":"Repealed","url":"\/40.1-49.1\/","token":"40.1\/3\/5\/40.1-49.1","metadata":false},{"id":66969,"structure_id":13493,"section_number":"40.1-49.10","catch_line":"Duration of warrant","url":"\/40.1-49.10\/","token":"40.1\/3\/5\/40.1-49.10","metadata":false},{"id":78471,"structure_id":13493,"section_number":"40.1-49.11","catch_line":"Conduct of inspection, testing, or collection of samples for analysis","url":"\/40.1-49.11\/","token":"40.1\/3\/5\/40.1-49.11","metadata":false},{"id":67213,"structure_id":13493,"section_number":"40.1-49.12","catch_line":"Review by courts","url":"\/40.1-49.12\/","token":"40.1\/3\/5\/40.1-49.12","metadata":false},{"id":57051,"structure_id":13493,"section_number":"40.1-49.13","catch_line":"Voluntary Protection Program","url":"\/40.1-49.13\/","token":"40.1\/3\/5\/40.1-49.13","metadata":false},{"id":78202,"structure_id":13493,"section_number":"40.1-49.2","catch_line":"Repealed","url":"\/40.1-49.2\/","token":"40.1\/3\/5\/40.1-49.2","metadata":false},{"id":75267,"structure_id":13493,"section_number":"40.1-49.3","catch_line":"Definitions","url":"\/40.1-49.3\/","token":"40.1\/3\/5\/40.1-49.3","metadata":false},{"id":81960,"structure_id":13493,"section_number":"40.1-49.4","catch_line":"Enforcement of this title and standards, rules or regulations for safety and health; 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The record of its establishment is cataloged in chapter 643 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 1987 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":false,"permalink":{"id":220067,"object_type":"law","relational_id":78471,"identifier":"40.1-49.11","token":"40.1\/3\/5\/40.1-49.11","url":"\/40.1-49.11\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-49.11\/","token":"40.1\/3\/5\/40.1-49.11","dublin_core":{"Title":"Conduct of inspection, testing, or collection of samples for analysis","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-49.11","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>No warrant shall be executed in the absence of the owner, operator or agent in charge of the particular place, things or persons unless specifically authorized by the issuing judicial officer upon showing that such authority is reasonably necessary to effect the purposes of a <span class=\"dictionary\">law<\/span> or regulation being enforced. An entry pursuant to this warrant shall not be made forcibly, except that the issuing officer may expressly authorize a forcible entry (i) where <span class=\"dictionary\">facts<\/span> are shown sufficient to create a reasonable suspicion of an immediate threat to an <span class=\"dictionary\">employee<\/span>&#8217;s health or safety, or (ii) where <span class=\"dictionary\">facts<\/span> are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. If forcible entry is authorized, the warrant shall be issued jointly to the <span class=\"dictionary\">Commissioner<\/span> and to a <span class=\"dictionary\">law<\/span>-enforcement officer who shall accompany the <span class=\"dictionary\">Commissioner<\/span>&#8217;s representative during the execution.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCONDUCT OF INSPECTION, TESTING, OR COLLECTION OF SAMPLES FOR ANALYSIS (\u00a7\n40.1-49.11)\n\nNo warrant shall be executed in the absence of the owner, operator or agent in\ncharge of the particular place, things or persons unless specifically authorized\nby the issuing judicial officer upon showing that such authority is reasonably\nnecessary to effect the purposes of a law or regulation being enforced. An entry\npursuant to this warrant shall not be made forcibly, except that the issuing\nofficer may expressly authorize a forcible entry (i) where facts are shown\nsufficient to create a reasonable suspicion of an immediate threat to an\nemployee&#8217;s health or safety, or (ii) where facts are shown establishing\nthat reasonable attempts to serve a previous warrant have been unsuccessful. If\nforcible entry is authorized, the warrant shall be issued jointly to the\nCommissioner and to a law-enforcement officer who shall accompany the\nCommissioner&#8217;s representative during the execution.\n\nHISTORY: 1987, c. 643.","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}}