{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-49.13.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-49.13.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-49.13.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-49.13.html"}],"law_id":57051,"edition_id":1,"section_id":57051,"structure_id":13493,"section_number":"40.1-49.13","catch_line":"Voluntary Protection Program","history":"2015, cc. 20, 339.","full_text":"A\n\nAs used in this section:\n\t\t\t“Model system” means an exemplary, voluntarily implemented worker safety and health management system that (i) implements comprehensive safety and health programs that exceed basic compliance with occupational safety and health laws and regulations and (ii) meets the VPP standards adopted by the Safety and Health Codes Board pursuant to subsection B.\n\t\t\t“Voluntary Protection Program” or “VPP” means a program under which the Commissioner recognizes and partners with workplaces in which a model system has been implemented.B\n\nThe Safety and Health Codes Board shall adopt definitions, rules, regulations, and standards necessary for the operation of the Voluntary Protection Program in a manner that will promote safe and healthy workplaces throughout the Commonwealth. The standards for the VPP shall include the following requirements for VPP participation:1\n\nUpper management leadership and active and meaningful employee involvement;2\n\nSystematic assessment of occupational hazards;3\n\nComprehensive hazard prevention, mitigation, and control programs;4\n\nEmployee safety and health training; and5\n\nSafety and health program evaluation.C\n\nApplications for participation in the VPP shall be submitted by the workplace’s management. Applications shall include documentation establishing to the satisfaction of the Commissioner that the employer meets all standards for VPP participation.D\n\nThe Department shall provide for onsite evaluations by VPP evaluation teams of each workplace that has applied to participate in the VPP to determine that the applicant’s workplace complies with the standards for VPP participation.E\n\nA workplace’s continued participation in the VPP shall be conditioned on compliance with the standards for VPP participation, as determined by periodic onsite evaluations by VPP evaluation teams.F\n\nDuring periods in which a workplace is a participant in the VPP, the workplace shall be exempt from inspections or investigations under § 40.1-49.4; however, this exception shall not apply to inspections or investigations of the workplace arising from complaints, referrals, fatalities, catastrophes, nonfatal accidents, or significant toxic chemical releases.","order_by":null,"text":{"0":{"id":208975,"text":"As used in this section:\n\t\t\t“Model system” means an exemplary, voluntarily implemented worker safety and health management system that (i) implements comprehensive safety and health programs that exceed basic compliance with occupational safety and health laws and regulations and (ii) meets the VPP standards adopted by the Safety and Health Codes Board pursuant to subsection B.\n\t\t\t“Voluntary Protection Program” or “VPP” means a program under which the Commissioner recognizes and partners with workplaces in which a model system has been implemented.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":208976,"text":"The Safety and Health Codes Board shall adopt definitions, rules, regulations, and standards necessary for the operation of the Voluntary Protection Program in a manner that will promote safe and healthy workplaces throughout the Commonwealth. The standards for the VPP shall include the following requirements for VPP participation:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":208977,"text":"Upper management leadership and active and meaningful employee involvement;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":208978,"text":"Systematic assessment of occupational hazards;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":208979,"text":"Comprehensive hazard prevention, mitigation, and control programs;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":208980,"text":"Employee safety and health training; and","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":208981,"text":"Safety and health program evaluation.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"7":{"id":208982,"text":"Applications for participation in the VPP shall be submitted by the workplace’s management. Applications shall include documentation establishing to the satisfaction of the Commissioner that the employer meets all standards for VPP participation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"D"},"8":{"id":208983,"text":"The Department shall provide for onsite evaluations by VPP evaluation teams of each workplace that has applied to participate in the VPP to determine that the applicant’s workplace complies with the standards for VPP participation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"9":{"id":208984,"text":"A workplace’s continued participation in the VPP shall be conditioned on compliance with the standards for VPP participation, as determined by periodic onsite evaluations by VPP evaluation teams.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"10":{"id":208985,"text":"During periods in which a workplace is a participant in the VPP, the workplace shall be exempt from inspections or investigations under § 40.1-49.4; however, this exception shall not apply to inspections or investigations of the workplace arising from complaints, referrals, fatalities, catastrophes, nonfatal accidents, or significant toxic chemical releases.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-49.13\/","history_text":"

This law was first created in 2015. The record of its establishment is cataloged in chapters 20<\/a> and 339<\/a> 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.<\/p>","references":false,"refers_to":[{"id":81960,"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","order_by":null,"url":"\/40.1-49.4\/"}],"permalink":{"id":220075,"object_type":"law","relational_id":57051,"identifier":"40.1-49.13","token":"40.1\/3\/5\/40.1-49.13","url":"\/40.1-49.13\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-49.13\/","token":"40.1\/3\/5\/40.1-49.13","dublin_core":{"Title":"Voluntary Protection Program","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-49.13","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Model system<\/span>” means an exemplary, voluntarily implemented worker safety and health management system that (i) implements comprehensive safety and health programs that exceed basic compliance with occupational safety and health laws<\/span> and regulations and (ii) meets the VPP<\/span> standards adopted by the Safety and Health Codes Board<\/span> pursuant to subsection B.\n\t\t\t“Voluntary Protection Program<\/span>” or “VPP<\/span>” means a program under which the Commissioner<\/span> recognizes and partners with workplaces in which a model system<\/span> has been implemented. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Safety and Health Codes Board<\/span> shall adopt definitions, rules, regulations, and standards necessary for the operation of the Voluntary Protection Program<\/span> in a manner that will promote safe and healthy workplaces throughout the Commonwealth. The standards for the VPP<\/span> shall include the following requirements for VPP<\/span> participation: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Upper management leadership and active and meaningful employee<\/span> involvement; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Systematic assessment of occupational hazards; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Comprehensive hazard prevention, mitigation, and control programs; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Employee<\/span> safety and health training; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Safety and health program evaluation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Applications for participation in the VPP<\/span> shall be submitted by the workplace’s management. Applications shall include documentation establishing to the satisfaction of the Commissioner<\/span> that the employer<\/span> meets all standards for VPP<\/span> participation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department<\/span> shall provide for onsite evaluations by VPP<\/span> evaluation teams of each workplace that has applied to participate in the VPP<\/span> to determine that the applicant’s workplace complies with the standards for VPP<\/span> participation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A workplace’s continued participation in the VPP<\/span> shall be conditioned on compliance with the standards for VPP<\/span> participation, as determined by periodic onsite evaluations by VPP<\/span> evaluation teams. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> During periods in which a workplace is a participant in the VPP<\/span>, the workplace shall be exempt from inspections or investigations under § 40.1-49.4<\/a>; however, this exception shall not apply to inspections or investigations of the workplace arising from complaints, referrals, fatalities, catastrophes, nonfatal accidents, or significant toxic chemical releases. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVOLUNTARY PROTECTION PROGRAM (\u00a7 40.1-49.13)\n\nA. As used in this section:\n\t\t\t“Model system” means an exemplary, voluntarily implemented worker\nsafety and health management system that (i) implements comprehensive safety and\nhealth programs that exceed basic compliance with occupational safety and health\nlaws and regulations and (ii) meets the VPP standards adopted by the Safety and\nHealth Codes Board pursuant to subsection B.\n\t\t\t“Voluntary Protection Program” or “VPP” means a\nprogram under which the Commissioner recognizes and partners with workplaces in\nwhich a model system has been implemented.\n\nB. The Safety and Health Codes Board shall adopt definitions, rules,\nregulations, and standards necessary for the operation of the Voluntary\nProtection Program in a manner that will promote safe and healthy workplaces\nthroughout the Commonwealth. The standards for the VPP shall include the\nfollowing requirements for VPP participation:\n\n 1. Upper management leadership and active and meaningful employee involvement;\n\n 2. Systematic assessment of occupational hazards;\n\n 3. Comprehensive hazard prevention, mitigation, and control programs;\n\n 4. Employee safety and health training; and\n\n 5. Safety and health program evaluation.\n\nC. Applications for participation in the VPP shall be submitted by the\nworkplace’s management. Applications shall include documentation\nestablishing to the satisfaction of the Commissioner that the employer meets all\nstandards for VPP participation.\n\nD. The Department shall provide for onsite evaluations by VPP evaluation teams\nof each workplace that has applied to participate in the VPP to determine that\nthe applicant’s workplace complies with the standards for VPP\nparticipation.\n\nE. A workplace’s continued participation in the VPP shall be conditioned\non compliance with the standards for VPP participation, as determined by\nperiodic onsite evaluations by VPP evaluation teams.\n\nF. During periods in which a workplace is a participant in the VPP, the\nworkplace shall be exempt from inspections or investigations under §\n40.1-49.4; however, this exception shall not apply to inspections or\ninvestigations of the workplace arising from complaints, referrals, fatalities,\ncatastrophes, nonfatal accidents, or significant toxic chemical releases.\n\nHISTORY: 2015, cc. 20, 339.","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}}