{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-49.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-49.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-49.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-49.3.html"}],"law_id":75267,"edition_id":1,"section_id":75267,"structure_id":13493,"section_number":"40.1-49.3","catch_line":"Definitions","history":"1979, c. 354; 1992, c. 777; 2021, Sp. Sess. I, cc. 509, 513.","full_text":"For the purposes of \u00a7\u00a7 40.1-49.4, 40.1-49.5, 40.1-49.6, 40.1-49.7, and 40.1-51.1 through 40.1-51.3 the following terms shall have the following meanings:\n\t\t“Commission” means the Virginia Workers’ Compensation Commission.\n\t\t“Commissioner” means the Commissioner of Labor and Industry. Except where the context clearly indicates the contrary, any reference to Commissioner shall include his authorized representatives.\n\t\t“Employee” means an individual who is employed by an employer.\n\t\t“Employer” means any person that (i) is engaged in business or engages an individual to perform domestic service and (ii) has employees. “Employer” does not include the United States.\n\t\t“Occupational safety and health standard” means a standard which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment.\n\t\t“Serious violation” means a violation deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.\n\t\t“Person” means one or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any organized group of persons.\n\t\t“Circuit court” means the circuit court of the city or county wherein the violation of this title or any standard, rule or regulation issued pursuant thereto is alleged to have occurred. Venue shall be determined in accordance with the provisions of \u00a7\u00a7 8.01-257 through 8.01-267.","order_by":null,"text":{"0":{"id":270276,"text":"For the purposes of \u00a7\u00a7 40.1-49.4, 40.1-49.5, 40.1-49.6, 40.1-49.7, and 40.1-51.1 through 40.1-51.3 the following terms shall have the following meanings:\n\t\t“Commission” means the Virginia Workers’ Compensation Commission.\n\t\t“Commissioner” means the Commissioner of Labor and Industry. Except where the context clearly indicates the contrary, any reference to Commissioner shall include his authorized representatives.\n\t\t“Employee” means an individual who is employed by an employer.\n\t\t“Employer” means any person that (i) is engaged in business or engages an individual to perform domestic service and (ii) has employees. “Employer” does not include the United States.\n\t\t“Occupational safety and health standard” means a standard which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment.\n\t\t“Serious violation” means a violation deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.\n\t\t“Person” means one or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any organized group of persons.\n\t\t“Circuit court” means the circuit court of the city or county wherein the violation of this title or any standard, rule or regulation issued pursuant thereto is alleged to have occurred. Venue shall be determined in accordance with the provisions of \u00a7\u00a7 8.01-257 through 8.01-267.","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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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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-49.3\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 354 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 1979 \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 1992, chapter 777.<\/p>","references":[{"id":55589,"section_number":"40.1-44.1","catch_line":"Rules and regulations relating to tramways and other hauling and lifting devices","order_by":null,"url":"\/40.1-44.1\/"}],"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\/"},{"id":66029,"section_number":"40.1-49.5","catch_line":"Appeals to Court of Appeals","order_by":null,"url":"\/40.1-49.5\/"},{"id":69978,"section_number":"40.1-49.6","catch_line":"Same; attorneys for Commonwealth","order_by":null,"url":"\/40.1-49.6\/"},{"id":74006,"section_number":"40.1-49.7","catch_line":"Same; publication of orders","order_by":null,"url":"\/40.1-49.7\/"},{"id":85981,"section_number":"40.1-51.1","catch_line":"Duties of employers","order_by":null,"url":"\/40.1-51.1\/"},{"id":74698,"section_number":"40.1-51.3","catch_line":"Duties of health and safety inspectors","order_by":null,"url":"\/40.1-51.3\/"},{"id":77027,"section_number":"8.01-257","catch_line":"Venue generally","order_by":null,"url":"\/8.01-257\/"},{"id":60621,"section_number":"8.01-267","catch_line":"Discretion of judge","order_by":null,"url":"\/8.01-267\/"}],"permalink":{"id":220083,"object_type":"law","relational_id":75267,"identifier":"40.1-49.3","token":"40.1\/3\/5\/40.1-49.3","url":"\/40.1-49.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-49.3\/","token":"40.1\/3\/5\/40.1-49.3","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-49.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

For the purposes of \u00a7\u00a7 40.1-49.4<\/a>, 40.1-49.5<\/a>, 40.1-49.6<\/a>, 40.1-49.7<\/a>, and 40.1-51.1<\/a> through 40.1-51.3<\/a> the following terms shall have the following meanings:\n\t\t“Commission<\/span>” means the Virginia Workers’ Compensation Commission<\/span>.\n\t\t“Commissioner<\/span>” means the Commissioner<\/span> of Labor and Industry. Except where the context clearly indicates the contrary, any reference to Commissioner<\/span> shall include his authorized representatives.\n\t\t“Employee<\/span>” means an individual who is employed by an employer<\/span>.\n\t\t“Employer<\/span>” means any person<\/span> that (i) is engaged in business or engages an individual to perform domestic service<\/span> and (ii) has employees<\/span>. “Employer<\/span>” does not include the United States.\n\t\t“Occupational safety and health standard<\/span>” means a standard which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment.\n\t\t“Serious violation<\/span>” means a violation deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment unless the employer<\/span> did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.\n\t\t“Person<\/span>” means one or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any organized group of persons<\/span>.\n\t\t“Circuit court<\/span>” means the circuit court<\/span> of the city or county wherein the violation of this title or any standard, rule or regulation issued pursuant thereto is alleged to have occurred. Venue<\/span> shall be determined in accordance with the provisions of \u00a7\u00a7 8.01-257<\/a> through 8.01-267<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 40.1-49.3)\n\nFor the purposes of \u00a7\u00a7 40.1-49.4, 40.1-49.5, 40.1-49.6, 40.1-49.7, and\n40.1-51.1 through 40.1-51.3 the following terms shall have the following\nmeanings:\n\t\t“Commission” means the Virginia Workers’ Compensation\nCommission.\n\t\t“Commissioner” means the Commissioner of Labor and Industry.\nExcept where the context clearly indicates the contrary, any reference to\nCommissioner shall include his authorized representatives.\n\t\t“Employee” means an individual who is employed by an employer.\n\t\t“Employer” means any person that (i) is engaged in business or\nengages an individual to perform domestic service and (ii) has employees.\n“Employer” does not include the United States.\n\t\t“Occupational safety and health standard” means a standard which\nrequires conditions, or the adoption or use of one or more practices, means,\nmethods, operations, or processes, reasonably necessary or appropriate to\nprovide safe or healthful employment and places of employment.\n\t\t“Serious violation” means a violation deemed to exist in a place\nof employment if there is a substantial probability that death or serious\nphysical harm could result from a condition which exists, or from one or more\npractices, means, methods, operations, or processes which have been adopted or\nare in use, in such place of employment unless the employer did not, and could\nnot with the exercise of reasonable diligence, know of the presence of the\nviolation.\n\t\t“Person” means one or more individuals, partnerships,\nassociations, corporations, business trusts, legal representatives, or any\norganized group of persons.\n\t\t“Circuit court” means the circuit court of the city or county\nwherein the violation of this title or any standard, rule or regulation issued\npursuant thereto is alleged to have occurred. Venue shall be determined in\naccordance with the provisions of \u00a7\u00a7 8.01-257 through 8.01-267.\n\nHISTORY: 1979, c. 354; 1992, c. 777; 2021, Sp. Sess. I, cc. 509, 513.","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}}