{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-51.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-51.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-51.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-51.2.html"}],"law_id":83917,"edition_id":1,"section_id":83917,"structure_id":13493,"section_number":"40.1-51.2","catch_line":"Rights and duties of employees","history":"1972, c. 602; 1973, c. 425; 1976, c. 607.","full_text":"a\n\nIt shall be the duty of each employee to comply with all occupational safety and health rules and regulations issued pursuant to this chapter and any orders issued thereunder which are applicable to his own action and conduct.b\n\nEmployees or their representatives may bring to the attention of their employer any hazardous conditions that exist or bring the matter to the attention of the Commissioner or his authorized representative, without first bringing the matter to the attention of their employer. Upon receipt of any complaint of hazardous conditions, the Commissioner or his authorized representative shall cause an inspection to be made as soon as practicable. Within two working days after making the oral complaint the employee or the employee representative shall file a written complaint with the Commissioner on a form prescribed by the Commissioner, if at that time, the Commissioner or his authorized representative has not caused the hazardous condition to be corrected. A copy of such written complaint shall be made available to the employer by the Commissioner at the time of such inspection. The name or names of individuals bringing such matters to the attention of the Commissioner shall be held in confidence upon request of such individuals.c\n\n[Repealed.]d\n\nA representative of the employees selected by the employees shall be given an opportunity to accompany the Commissioner or his authorized representative during the physical inspection of the work place for the purpose of aiding such inspection. Where there is no authorized employee representative, the Commissioner or his authorized representative shall consult with a reasonable number of employees concerning matters of health and safety at the work place. No person shall discharge or in any manner discriminate against an employee representative for his participation in any safety and health inspection.e\n\nThe employer and the complaining employee, employees or employee representative shall be notified in writing by the Commissioner or his authorized representative of any decision concerning a complaint, of the reasons for such decision and of the rights of the parties to redress pursuant to § 40.1-49.4 of the Code.","order_by":null,"text":{"0":{"id":300725,"text":"It shall be the duty of each employee to comply with all occupational safety and health rules and regulations issued pursuant to this chapter and any orders issued thereunder which are applicable to his own action and conduct.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"b"},"1":{"id":300726,"text":"Employees or their representatives may bring to the attention of their employer any hazardous conditions that exist or bring the matter to the attention of the Commissioner or his authorized representative, without first bringing the matter to the attention of their employer. Upon receipt of any complaint of hazardous conditions, the Commissioner or his authorized representative shall cause an inspection to be made as soon as practicable. Within two working days after making the oral complaint the employee or the employee representative shall file a written complaint with the Commissioner on a form prescribed by the Commissioner, if at that time, the Commissioner or his authorized representative has not caused the hazardous condition to be corrected. A copy of such written complaint shall be made available to the employer by the Commissioner at the time of such inspection. The name or names of individuals bringing such matters to the attention of the Commissioner shall be held in confidence upon request of such individuals.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"c"},"2":{"id":300727,"text":"[Repealed.]","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"d"},"3":{"id":300728,"text":"A representative of the employees selected by the employees shall be given an opportunity to accompany the Commissioner or his authorized representative during the physical inspection of the work place for the purpose of aiding such inspection. Where there is no authorized employee representative, the Commissioner or his authorized representative shall consult with a reasonable number of employees concerning matters of health and safety at the work place. No person shall discharge or in any manner discriminate against an employee representative for his participation in any safety and health inspection.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c","next_prefix":"e"},"4":{"id":300729,"text":"The employer and the complaining employee, employees or employee representative shall be notified in writing by the Commissioner or his authorized representative of any decision concerning a complaint, of the reasons for such decision and of the rights of the parties to redress pursuant to § 40.1-49.4 of the Code.","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"d"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-51.2\/","history_text":"

This law was first created in 1972. The record of its establishment is cataloged in chapter 602 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 1972 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. 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. Those modifications are as follows: in 1973, chapter 425; in 1976, chapter 607.<\/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":220127,"object_type":"law","relational_id":83917,"identifier":"40.1-51.2","token":"40.1\/3\/5\/40.1-51.2","url":"\/40.1-51.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-51.2\/","token":"40.1\/3\/5\/40.1-51.2","dublin_core":{"Title":"Rights and duties of employees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-51.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> It shall be the duty of each employee<\/span> to comply with all occupational safety and health rules and regulations issued pursuant to this chapter and any orders<\/span> issued thereunder which are applicable to his own action and conduct. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Employees<\/span> or their representatives may bring to the attention of their employer<\/span> any hazardous conditions that exist or bring the matter to the attention of the Commissioner<\/span> or his authorized representative, without first bringing the matter to the attention of their employer<\/span>. Upon receipt of any complaint of hazardous conditions, the Commissioner<\/span> or his authorized representative shall cause an inspection to be made as soon as practicable. Within two working days after making the oral complaint the employee<\/span> or the employee<\/span> representative shall file a written complaint with the Commissioner<\/span> on a form prescribed by the Commissioner<\/span>, if at that time, the Commissioner<\/span> or his authorized representative has not caused the hazardous condition to be corrected. A copy of such written complaint shall be made available to the employer<\/span> by the Commissioner<\/span> at the time of such inspection. The name or names of individuals bringing such matters to the attention of the Commissioner<\/span> shall be held in confidence upon request of such individuals. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> [Repealed.] <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> A representative of the employees<\/span> selected by the employees<\/span> shall be given an opportunity to accompany the Commissioner<\/span> or his authorized representative during the physical inspection of the work place for the purpose of aiding such inspection. Where there is no authorized employee<\/span> representative, the Commissioner<\/span> or his authorized representative shall consult with a reasonable number of employees<\/span> concerning matters of health and safety at the work place. No person shall discharge or in any manner discriminate against an employee<\/span> representative for his participation in any safety and health inspection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

e.<\/span> The employer<\/span> and the complaining employee<\/span>, employees<\/span> or employee<\/span> representative shall be notified in writing by the Commissioner<\/span> or his authorized representative of any decision concerning a complaint, of the reasons for such decision and of the rights of the parties to redress pursuant to § 40.1-49.4<\/a> of the Code. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRIGHTS AND DUTIES OF EMPLOYEES (\u00a7 40.1-51.2)\n\na. It shall be the duty of each employee to comply with all occupational safety\nand health rules and regulations issued pursuant to this chapter and any orders\nissued thereunder which are applicable to his own action and conduct.\n\nb. Employees or their representatives may bring to the attention of their\nemployer any hazardous conditions that exist or bring the matter to the\nattention of the Commissioner or his authorized representative, without first\nbringing the matter to the attention of their employer. Upon receipt of any\ncomplaint of hazardous conditions, the Commissioner or his authorized\nrepresentative shall cause an inspection to be made as soon as practicable.\nWithin two working days after making the oral complaint the employee or the\nemployee representative shall file a written complaint with the Commissioner on\na form prescribed by the Commissioner, if at that time, the Commissioner or his\nauthorized representative has not caused the hazardous condition to be\ncorrected. A copy of such written complaint shall be made available to the\nemployer by the Commissioner at the time of such inspection. The name or names\nof individuals bringing such matters to the attention of the Commissioner shall\nbe held in confidence upon request of such individuals.\n\nc. [Repealed.]\n\nd. A representative of the employees selected by the employees shall be given an\nopportunity to accompany the Commissioner or his authorized representative\nduring the physical inspection of the work place for the purpose of aiding such\ninspection. Where there is no authorized employee representative, the\nCommissioner or his authorized representative shall consult with a reasonable\nnumber of employees concerning matters of health and safety at the work place.\nNo person shall discharge or in any manner discriminate against an employee\nrepresentative for his participation in any safety and health inspection.\n\ne. The employer and the complaining employee, employees or employee\nrepresentative shall be notified in writing by the Commissioner or his\nauthorized representative of any decision concerning a complaint, of the reasons\nfor such decision and of the rights of the parties to redress pursuant to §\n40.1-49.4 of the Code.\n\nHISTORY: 1972, c. 602; 1973, c. 425; 1976, c. 607.","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}}