{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-49.12.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-49.12.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-49.12.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-49.12.html"}],"law_id":67213,"edition_id":1,"section_id":67213,"structure_id":13493,"section_number":"40.1-49.12","catch_line":"Review by courts","history":"1987, c. 643; 2014, c. 354.","full_text":"A\n\nNo court of the Commonwealth shall have jurisdiction to hear a challenge to the warrant prior to its return, except as a defense in a contempt proceeding, unless the owner or custodian of the place to be inspected makes by affidavit a substantial preliminary showing accompanied by an offer of proof that (i) a false statement, knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in his affidavit for the administrative search warrant and (ii) the false statement was necessary to the finding of probable cause. The court shall conduct such expeditious in camera review as the court may deem appropriate.B\n\nAfter the warrant has been executed and returned, the validity of the warrant may be reviewed either as a defense to any citation issued by the Commissioner or otherwise by declaratory judgment action brought in a circuit court. In any such action, the review shall be confined to the face of the warrant and affidavits and supporting materials presented to the issuing judge unless the employer whose workplace has been inspected makes by affidavit a substantial showing accompanied by an offer of proof that (i) a false statement, knowingly and intentionally, or with reckless disregard for the truth, was made in support of the warrant and (ii) the false statement was necessary to the finding of probable cause. The reviewing court shall not conduct a de novo determination of probable cause, but only determine whether there is substantial evidence in the record supporting the decision to issue the warrant.","order_by":null,"text":{"0":{"id":243648,"text":"No court of the Commonwealth shall have jurisdiction to hear a challenge to the warrant prior to its return, except as a defense in a contempt proceeding, unless the owner or custodian of the place to be inspected makes by affidavit a substantial preliminary showing accompanied by an offer of proof that (i) a false statement, knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in his affidavit for the administrative search warrant and (ii) the false statement was necessary to the finding of probable cause. The court shall conduct such expeditious in camera review as the court may deem appropriate.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":243649,"text":"After the warrant has been executed and returned, the validity of the warrant may be reviewed either as a defense to any citation issued by the Commissioner or otherwise by declaratory judgment action brought in a circuit court. In any such action, the review shall be confined to the face of the warrant and affidavits and supporting materials presented to the issuing judge unless the employer whose workplace has been inspected makes by affidavit a substantial showing accompanied by an offer of proof that (i) a false statement, knowingly and intentionally, or with reckless disregard for the truth, was made in support of the warrant and (ii) the false statement was necessary to the finding of probable cause. The reviewing court shall not conduct a de novo determination of probable cause, but only determine whether there is substantial evidence in the record supporting the decision to issue the warrant.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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; orders of Commissioner; proceedings in circuit court; injunctions; penalties","url":"\/40.1-49.4\/","token":"40.1\/3\/5\/40.1-49.4","metadata":false},{"id":66029,"structure_id":13493,"section_number":"40.1-49.5","catch_line":"Appeals to Court of Appeals","url":"\/40.1-49.5\/","token":"40.1\/3\/5\/40.1-49.5","metadata":false},{"id":69978,"structure_id":13493,"section_number":"40.1-49.6","catch_line":"Same; attorneys for Commonwealth","url":"\/40.1-49.6\/","token":"40.1\/3\/5\/40.1-49.6","metadata":false},{"id":74006,"structure_id":13493,"section_number":"40.1-49.7","catch_line":"Same; publication of orders","url":"\/40.1-49.7\/","token":"40.1\/3\/5\/40.1-49.7","metadata":false},{"id":78189,"structure_id":13493,"section_number":"40.1-49.8","catch_line":"Inspections of workplace","url":"\/40.1-49.8\/","token":"40.1\/3\/5\/40.1-49.8","metadata":false},{"id":78898,"structure_id":13493,"section_number":"40.1-49.9","catch_line":"Issuance of warrant","url":"\/40.1-49.9\/","token":"40.1\/3\/5\/40.1-49.9","metadata":false},{"id":70422,"structure_id":13493,"section_number":"40.1-50","catch_line":"Repealed","url":"\/40.1-50\/","token":"40.1\/3\/5\/40.1-50","metadata":false},{"id":71357,"structure_id":13493,"section_number":"40.1-51","catch_line":"State Health Commissioner to provide advice and aid; rules and regulations","url":"\/40.1-51\/","token":"40.1\/3\/5\/40.1-51","metadata":false},{"id":85981,"structure_id":13493,"section_number":"40.1-51.1","catch_line":"Duties of employers","url":"\/40.1-51.1\/","token":"40.1\/3\/5\/40.1-51.1","metadata":false},{"id":59403,"structure_id":13493,"section_number":"40.1-51.1:1","catch_line":"Repealed","url":"\/40.1-51.1_1\/","token":"40.1\/3\/5\/40.1-51.1_1","metadata":false},{"id":83917,"structure_id":13493,"section_number":"40.1-51.2","catch_line":"Rights and duties of employees","url":"\/40.1-51.2\/","token":"40.1\/3\/5\/40.1-51.2","metadata":false},{"id":59338,"structure_id":13493,"section_number":"40.1-51.2:1","catch_line":"Discrimination against employee for exercising rights prohibited","url":"\/40.1-51.2_1\/","token":"40.1\/3\/5\/40.1-51.2_1","metadata":false},{"id":79410,"structure_id":13493,"section_number":"40.1-51.2:2","catch_line":"Remedy for discrimination","url":"\/40.1-51.2_2\/","token":"40.1\/3\/5\/40.1-51.2_2","metadata":false},{"id":74698,"structure_id":13493,"section_number":"40.1-51.3","catch_line":"Duties of health and safety inspectors","url":"\/40.1-51.3\/","token":"40.1\/3\/5\/40.1-51.3","metadata":false},{"id":83579,"structure_id":13493,"section_number":"40.1-51.3:1","catch_line":"Penalty for giving advance notice of safety or health inspection under this title","url":"\/40.1-51.3_1\/","token":"40.1\/3\/5\/40.1-51.3_1","metadata":false},{"id":81991,"structure_id":13493,"section_number":"40.1-51.3:2","catch_line":"Evidence of civil penalty against employer under state, federal, etc., safety codes inadmissible in personal injury or property damage trial","url":"\/40.1-51.3_2\/","token":"40.1\/3\/5\/40.1-51.3_2","metadata":false},{"id":65264,"structure_id":13493,"section_number":"40.1-51.4","catch_line":"Repealed","url":"\/40.1-51.4\/","token":"40.1\/3\/5\/40.1-51.4","metadata":false},{"id":73522,"structure_id":13493,"section_number":"40.1-51.4:1","catch_line":"Confidentiality of trade secrets","url":"\/40.1-51.4_1\/","token":"40.1\/3\/5\/40.1-51.4_1","metadata":false},{"id":78379,"structure_id":13493,"section_number":"40.1-51.4:2","catch_line":"Penalty for making false statements, etc","url":"\/40.1-51.4_2\/","token":"40.1\/3\/5\/40.1-51.4_2","metadata":false},{"id":54456,"structure_id":13493,"section_number":"40.1-51.4:3","catch_line":"Prohibition of use of certain questions on polygraph tests for employment","url":"\/40.1-51.4_3\/","token":"40.1\/3\/5\/40.1-51.4_3","metadata":false},{"id":82115,"structure_id":13493,"section_number":"40.1-51.4:4","catch_line":"Prohibition of use of polygraphs in certain employment situations","url":"\/40.1-51.4_4\/","token":"40.1\/3\/5\/40.1-51.4_4","metadata":false},{"id":75314,"structure_id":13493,"section_number":"40.1-51.4:5","catch_line":"Immunity of employees for reporting threatening conduct","url":"\/40.1-51.4_5\/","token":"40.1\/3\/5\/40.1-51.4_5","metadata":false}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-49.12\/","history_text":"<p>This law was first created in 1987. 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. 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 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0354\">354<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":220071,"object_type":"law","relational_id":67213,"identifier":"40.1-49.12","token":"40.1\/3\/5\/40.1-49.12","url":"\/40.1-49.12\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-49.12\/","token":"40.1\/3\/5\/40.1-49.12","dublin_core":{"Title":"Review by courts","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-49.12","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> No <span class=\"dictionary\">court<\/span> of the Commonwealth shall have <span class=\"dictionary\">jurisdiction<\/span> to hear a challenge to the warrant prior to its return, except as a defense in a <span class=\"dictionary\">contempt<\/span> proceeding, unless the owner or custodian of the place to be inspected makes by <span class=\"dictionary\">affidavit<\/span> a substantial preliminary showing accompanied by an offer of proof that (i) a false statement, knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in his <span class=\"dictionary\">affidavit<\/span> for the administrative <span class=\"dictionary\">search warrant<\/span> and (ii) the false statement was necessary to the <span class=\"dictionary\">finding<\/span> of <span class=\"dictionary\">probable cause<\/span>. The <span class=\"dictionary\">court<\/span> shall conduct such expeditious <span class=\"dictionary\">in camera<\/span> review as the <span class=\"dictionary\">court<\/span> may deem appropriate. <a id=\"paragraph-243648\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/40.1-49.12\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> After the warrant has been executed and returned, the validity of the warrant may be reviewed either as a defense to any <span class=\"dictionary\">citation<\/span> issued by the <span class=\"dictionary\">Commissioner<\/span> or otherwise by <span class=\"dictionary\">declaratory judgment<\/span> action brought in a <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span>. In any such action, the review shall be confined to the face of the warrant and <span class=\"dictionary\">affidavits<\/span> and supporting <span class=\"dictionary\">materials<\/span> presented to the issuing <span class=\"dictionary\">judge<\/span> unless the <span class=\"dictionary\">employer<\/span> whose workplace has been inspected makes by <span class=\"dictionary\">affidavit<\/span> a substantial showing accompanied by an offer of proof that (i) a false statement, knowingly and intentionally, or with reckless disregard for the truth, was made in support of the warrant and (ii) the false statement was necessary to the <span class=\"dictionary\">finding<\/span> of <span class=\"dictionary\">probable cause<\/span>. The reviewing <span class=\"dictionary\">court<\/span> shall not conduct a <span class=\"dictionary\">de novo<\/span> determination of <span class=\"dictionary\">probable cause<\/span>, but only determine whether there is substantial <span class=\"dictionary\">evidence<\/span> in the record supporting the decision to <span class=\"dictionary\">issue<\/span> the warrant. <a id=\"paragraph-243649\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/40.1-49.12\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nREVIEW BY COURTS (\u00a7 40.1-49.12)\n\nA. No court of the Commonwealth shall have jurisdiction to hear a challenge to\nthe warrant prior to its return, except as a defense in a contempt proceeding,\nunless the owner or custodian of the place to be inspected makes by affidavit a\nsubstantial preliminary showing accompanied by an offer of proof that (i) a\nfalse statement, knowingly and intentionally, or with reckless disregard for the\ntruth, was included by the affiant in his affidavit for the administrative\nsearch warrant and (ii) the false statement was necessary to the finding of\nprobable cause. The court shall conduct such expeditious in camera review as the\ncourt may deem appropriate.\n\nB. After the warrant has been executed and returned, the validity of the warrant\nmay be reviewed either as a defense to any citation issued by the Commissioner\nor otherwise by declaratory judgment action brought in a circuit court. In any\nsuch action, the review shall be confined to the face of the warrant and\naffidavits and supporting materials presented to the issuing judge unless the\nemployer whose workplace has been inspected makes by affidavit a substantial\nshowing accompanied by an offer of proof that (i) a false statement, knowingly\nand intentionally, or with reckless disregard for the truth, was made in support\nof the warrant and (ii) the false statement was necessary to the finding of\nprobable cause. The reviewing court shall not conduct a de novo determination of\nprobable cause, but only determine whether there is substantial evidence in the\nrecord supporting the decision to issue the warrant.\n\nHISTORY: 1987, c. 643; 2014, c. 354.","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}}