{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-49.6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-49.6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-49.6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-49.6.html"}],"law_id":69978,"edition_id":1,"section_id":69978,"structure_id":13493,"section_number":"40.1-49.6","catch_line":"Same; attorneys for Commonwealth","history":"1979, c. 354; 1992, c. 777.","full_text":"A\n\nIn any proceeding pursuant to the enforcement of the safety and health provisions of Title 40.1, the attorneys for the Commonwealth are hereby directed to appear and represent the Commonwealth before the circuit court in any civil or criminal matter involving any violation of such provisions in their respective jurisdictions.B\n\nThe Office of the Attorney General shall provide one or more assistants who will be available to consult with and assist any attorney for the Commonwealth or his assistant in the preparation of any prosecution for violations of the occupational safety and health laws, standards, rules or regulations of the Commonwealth in order to establish uniform guidelines of prosecutorial and settlement policies and procedures in such cases.","order_by":null,"text":{"0":{"id":252816,"text":"In any proceeding pursuant to the enforcement of the safety and health provisions of Title 40.1, the attorneys for the Commonwealth are hereby directed to appear and represent the Commonwealth before the circuit court in any civil or criminal matter involving any violation of such provisions in their respective jurisdictions.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":252817,"text":"The Office of the Attorney General shall provide one or more assistants who will be available to consult with and assist any attorney for the Commonwealth or his assistant in the preparation of any prosecution for violations of the occupational safety and health laws, standards, rules or regulations of the Commonwealth in order to establish uniform guidelines of prosecutorial and settlement policies and procedures in such cases.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-49.6\/","history_text":"<p>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":75267,"section_number":"40.1-49.3","catch_line":"Definitions","order_by":null,"url":"\/40.1-49.3\/"}],"refers_to":false,"permalink":{"id":220095,"object_type":"law","relational_id":69978,"identifier":"40.1-49.6","token":"40.1\/3\/5\/40.1-49.6","url":"\/40.1-49.6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-49.6\/","token":"40.1\/3\/5\/40.1-49.6","dublin_core":{"Title":"Same; attorneys for Commonwealth","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-49.6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> In any proceeding pursuant to the enforcement of the safety and health provisions of Title 40.1, the attorneys for the Commonwealth are hereby directed to appear and represent the Commonwealth before the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> in any civil or criminal matter involving any violation of such provisions in their respective <span class=\"dictionary\">jurisdictions<\/span>. <a id=\"paragraph-252816\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/40.1-49.6\/#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> The Office of the <span class=\"dictionary\">Attorney General<\/span> shall provide one or more assistants who will be available to consult with and assist any attorney for the Commonwealth or his assistant in the preparation of any <span class=\"dictionary\">prosecution<\/span> for violations of the occupational safety and health <span class=\"dictionary\">laws<\/span>, standards, rules or regulations of the Commonwealth in <span class=\"dictionary\">order<\/span> to establish uniform guidelines of prosecutorial and <span class=\"dictionary\">settlement<\/span> policies and procedures in such cases. <a id=\"paragraph-252817\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/40.1-49.6\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSAME; ATTORNEYS FOR COMMONWEALTH (\u00a7 40.1-49.6)\n\nA. In any proceeding pursuant to the enforcement of the safety and health\nprovisions of Title 40.1, the attorneys for the Commonwealth are hereby directed\nto appear and represent the Commonwealth before the circuit court in any civil\nor criminal matter involving any violation of such provisions in their\nrespective jurisdictions.\n\nB. The Office of the Attorney General shall provide one or more assistants who\nwill be available to consult with and assist any attorney for the Commonwealth\nor his assistant in the preparation of any prosecution for violations of the\noccupational safety and health laws, standards, rules or regulations of the\nCommonwealth in order to establish uniform guidelines of prosecutorial and\nsettlement policies and procedures in such cases.\n\nHISTORY: 1979, c. 354; 1992, c. 777.","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}}