{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-49.9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-49.9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-49.9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-49.9.html"}],"law_id":78898,"edition_id":1,"section_id":78898,"structure_id":13493,"section_number":"40.1-49.9","catch_line":"Issuance of warrant","history":"1987, c. 643; 2014, c. 354.","full_text":"Administrative search warrants for inspections of workplaces, based upon a petition demonstrating probable cause and supported by an affidavit, may be issued by any judge having authority to issue criminal warrants whose territorial jurisdiction encompasses the workplace to be inspected or entered, if he is satisfied from the petition and affidavit that there is reasonable and probable cause for the issuance of an administrative search warrant. No administrative search warrant shall be issued pursuant to this chapter except upon probable cause, supported by affidavit, particularly describing the place, things or persons to be inspected or tested and the purpose for which the inspection, testing or collection of samples for testing is to be made. Probable cause shall be deemed to exist if either (i) reasonable legislative or administrative standards for conducting such inspection, testing or collection of samples for testing are satisfied with respect to the particular place, thing, or person, or (ii) there is cause to believe that there is a condition, object, activity, or circumstance which legally justifies such inspection, testing or collection of samples for testing. The supporting affidavit shall contain either a statement that consent to inspect, test or collect samples for testing has been sought and refused or facts or circumstances reasonably justifying the failure to seek such consent in order to enforce effectively the occupational safety and health laws, regulations or standards of the Commonwealth which authorize such inspection, testing or collection of samples for testing. In the case of an administrative search warrant based on legislative or administrative standards for selecting workplaces for inspection, the affidavit shall contain factual allegations sufficient to justify an independent determination by the judge that the inspection program is based on reasonable standards and that the standards are being applied to a particular workplace in a neutral and fair manner. For example, if a selection is based on a particular industry’s high hazard ranking, the affidavit shall disclose the method used to establish that ranking, the numerical basis for that ranking, and the relevant inspection history of the workplace to be inspected and the status of all other workplaces within the same territorial region which are subject to inspection pursuant to the legislative or administrative standards used by the Commissioner. The affidavit shall not be required to disclose the actual schedule for inspections or the underlying data on which the statistics were based, provided that such statistics are derived from reliable, neutral third parties. The issuing judge may examine the affiant under oath or affirmation to verify the accuracy of any matter in the affidavit. After issuing a warrant under this section, the judge shall file the affidavit in the manner prescribed by \u00a7 19.2-54.","order_by":null,"text":{"0":{"id":282566,"text":"Administrative search warrants for inspections of workplaces, based upon a petition demonstrating probable cause and supported by an affidavit, may be issued by any judge having authority to issue criminal warrants whose territorial jurisdiction encompasses the workplace to be inspected or entered, if he is satisfied from the petition and affidavit that there is reasonable and probable cause for the issuance of an administrative search warrant. No administrative search warrant shall be issued pursuant to this chapter except upon probable cause, supported by affidavit, particularly describing the place, things or persons to be inspected or tested and the purpose for which the inspection, testing or collection of samples for testing is to be made. Probable cause shall be deemed to exist if either (i) reasonable legislative or administrative standards for conducting such inspection, testing or collection of samples for testing are satisfied with respect to the particular place, thing, or person, or (ii) there is cause to believe that there is a condition, object, activity, or circumstance which legally justifies such inspection, testing or collection of samples for testing. The supporting affidavit shall contain either a statement that consent to inspect, test or collect samples for testing has been sought and refused or facts or circumstances reasonably justifying the failure to seek such consent in order to enforce effectively the occupational safety and health laws, regulations or standards of the Commonwealth which authorize such inspection, testing or collection of samples for testing. In the case of an administrative search warrant based on legislative or administrative standards for selecting workplaces for inspection, the affidavit shall contain factual allegations sufficient to justify an independent determination by the judge that the inspection program is based on reasonable standards and that the standards are being applied to a particular workplace in a neutral and fair manner. For example, if a selection is based on a particular industry’s high hazard ranking, the affidavit shall disclose the method used to establish that ranking, the numerical basis for that ranking, and the relevant inspection history of the workplace to be inspected and the status of all other workplaces within the same territorial region which are subject to inspection pursuant to the legislative or administrative standards used by the Commissioner. The affidavit shall not be required to disclose the actual schedule for inspections or the underlying data on which the statistics were based, provided that such statistics are derived from reliable, neutral third parties. The issuing judge may examine the affiant under oath or affirmation to verify the accuracy of any matter in the affidavit. After issuing a warrant under this section, the judge shall file the affidavit in the manner prescribed by \u00a7 19.2-54.","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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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 354<\/a>.<\/p>","references":[{"id":75734,"section_number":"40.1-51.26","catch_line":"Commissioner of Labor and Industry to enforce laws","order_by":null,"url":"\/40.1-51.26\/"}],"refers_to":[{"id":78769,"section_number":"19.2-54","catch_line":"Affidavit preliminary to issuance of search warrant; general search warrant prohibited; effect of failure to file affidavit","order_by":null,"url":"\/19.2-54\/"}],"permalink":{"id":220107,"object_type":"law","relational_id":78898,"identifier":"40.1-49.9","token":"40.1\/3\/5\/40.1-49.9","url":"\/40.1-49.9\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-49.9\/","token":"40.1\/3\/5\/40.1-49.9","dublin_core":{"Title":"Issuance of warrant","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-49.9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Administrative search warrants<\/span> for inspections of workplaces, based upon a petition<\/span> demonstrating probable cause<\/span> and supported by an affidavit<\/span>, may be issued by any judge<\/span> having authority to issue<\/span> criminal warrants whose territorial jurisdiction<\/span> encompasses the workplace to be inspected or entered, if he is satisfied from the petition<\/span> and affidavit<\/span> that there is reasonable and probable cause<\/span> for the issuance of an administrative search warrant<\/span>. No administrative search warrant<\/span> shall be issued pursuant to this chapter except upon probable cause<\/span>, supported by affidavit<\/span>, particularly describing the place, things or persons to be inspected or tested and the purpose for which the inspection, testing or collection of samples for testing is to be made. Probable cause<\/span> shall be deemed to exist if either (i) reasonable legislative or administrative standards for conducting such inspection, testing or collection of samples for testing are satisfied with respect to the particular place, thing, or person, or (ii) there is cause to believe that there is a condition, object<\/span>, activity, or circumstance which legally justifies such inspection, testing or collection of samples for testing. The supporting affidavit<\/span> shall contain either a statement that consent to inspect, test or collect samples for testing has been sought and refused or facts<\/span> or circumstances reasonably justifying the failure to seek such consent in order<\/span> to enforce effectively the occupational safety and health laws<\/span>, regulations or standards of the Commonwealth which authorize such inspection, testing or collection of samples for testing. In the case of an administrative search warrant<\/span> based on legislative or administrative standards for selecting workplaces for inspection, the affidavit<\/span> shall contain factual allegations<\/span> sufficient to justify an independent determination by the judge<\/span> that the inspection program is based on reasonable standards and that the standards are being applied to a particular workplace in a neutral and fair manner. For example, if a selection is based on a particular industry’s high hazard ranking, the affidavit<\/span> shall disclose the method used to establish that ranking, the numerical basis for that ranking, and the relevant inspection history of the workplace to be inspected and the status of all other workplaces within the same territorial region which are subject to inspection pursuant to the legislative or administrative standards used by the Commissioner<\/span>. The affidavit<\/span> shall not be required to disclose the actual schedule for inspections or the underlying data on which the statistics were based, provided that such statistics are derived from reliable, neutral third parties. The issuing judge<\/span> may examine the affiant under oath<\/span> or affirmation to verify the accuracy of any matter in the affidavit<\/span>. After issuing a warrant under this section, the judge<\/span> shall file the affidavit<\/span> in the manner prescribed by \u00a7 19.2-54<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nISSUANCE OF WARRANT (\u00a7 40.1-49.9)\n\nAdministrative search warrants for inspections of workplaces, based upon a\npetition demonstrating probable cause and supported by an affidavit, may be\nissued by any judge having authority to issue criminal warrants whose\nterritorial jurisdiction encompasses the workplace to be inspected or entered,\nif he is satisfied from the petition and affidavit that there is reasonable and\nprobable cause for the issuance of an administrative search warrant. No\nadministrative search warrant shall be issued pursuant to this chapter except\nupon probable cause, supported by affidavit, particularly describing the place,\nthings or persons to be inspected or tested and the purpose for which the\ninspection, testing or collection of samples for testing is to be made. Probable\ncause shall be deemed to exist if either (i) reasonable legislative or\nadministrative standards for conducting such inspection, testing or collection\nof samples for testing are satisfied with respect to the particular place,\nthing, or person, or (ii) there is cause to believe that there is a condition,\nobject, activity, or circumstance which legally justifies such inspection,\ntesting or collection of samples for testing. The supporting affidavit shall\ncontain either a statement that consent to inspect, test or collect samples for\ntesting has been sought and refused or facts or circumstances reasonably\njustifying the failure to seek such consent in order to enforce effectively the\noccupational safety and health laws, regulations or standards of the\nCommonwealth which authorize such inspection, testing or collection of samples\nfor testing. In the case of an administrative search warrant based on\nlegislative or administrative standards for selecting workplaces for inspection,\nthe affidavit shall contain factual allegations sufficient to justify an\nindependent determination by the judge that the inspection program is based on\nreasonable standards and that the standards are being applied to a particular\nworkplace in a neutral and fair manner. For example, if a selection is based on\na particular industry’s high hazard ranking, the affidavit shall disclose\nthe method used to establish that ranking, the numerical basis for that ranking,\nand the relevant inspection history of the workplace to be inspected and the\nstatus of all other workplaces within the same territorial region which are\nsubject to inspection pursuant to the legislative or administrative standards\nused by the Commissioner. The affidavit shall not be required to disclose the\nactual schedule for inspections or the underlying data on which the statistics\nwere based, provided that such statistics are derived from reliable, neutral\nthird parties. The issuing judge may examine the affiant under oath or\naffirmation to verify the accuracy of any matter in the affidavit. After issuing\na warrant under this section, the judge shall file the affidavit in the manner\nprescribed by \u00a7 19.2-54.\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}}