{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-51.26.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-51.26.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-51.26.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-51.26.html"}],"law_id":75734,"edition_id":1,"section_id":75734,"structure_id":14066,"section_number":"40.1-51.26","catch_line":"Commissioner of Labor and Industry to enforce laws","history":"1992, c. 541.","full_text":"The Commissioner of Labor and Industry shall have the authority to:\n\n1\n\nSupervise, administer, and enforce the provisions of this chapter and regulations of the Board;2\n\nReceive complaints as to asbestos NESHAP violations;3\n\nHold or cause to be held hearings and enter orders diminishing or abating the causes of air pollution and orders to enforce regulations pursuant to § 40.1-51.28;4\n\nInstitute legal proceedings, including suits for injunctions for the enforcement of his orders, regulations of the Board, and for the enforcement of penalties;5\n\nInvestigate any violations of this chapter and regulations;6\n\nRequire that asbestos NESHAP records and reports be made available upon request, and require owners to develop, maintain, and make available such other records and information as are deemed necessary for the proper enforcement of this chapter and regulation; and7\n\nUpon presenting appropriate credentials to the owner, operator, or agent in charge:\n\t\t\ta. Enter without delay and at reasonable times any business establishment, construction site, or other area, workplace, or environment in this Commonwealth, subject to federal security requirements; and\n\t\t\tb. Inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, without prior notice, unless such notice is authorized by the Commissioner or his representative, any such business establishment or place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and question privately any such employer, officer, owner, operator, agent, or employee. If such entry or inspection is refused, prohibited, or otherwise interfered with, the Commissioner shall have the power to seek an order compelling such entry or inspection, pursuant to § 40.1-49.9.","order_by":null,"text":{"0":{"id":271947,"text":"The Commissioner of Labor and Industry shall have the authority to:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":271948,"text":"Supervise, administer, and enforce the provisions of this chapter and regulations of the Board;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":271949,"text":"Receive complaints as to asbestos NESHAP violations;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":271950,"text":"Hold or cause to be held hearings and enter orders diminishing or abating the causes of air pollution and orders to enforce regulations pursuant to § 40.1-51.28;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":271951,"text":"Institute legal proceedings, including suits for injunctions for the enforcement of his orders, regulations of the Board, and for the enforcement of penalties;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":271952,"text":"Investigate any violations of this chapter and regulations;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":271953,"text":"Require that asbestos NESHAP records and reports be made available upon request, and require owners to develop, maintain, and make available such other records and information as are deemed necessary for the proper enforcement of this chapter and regulation; and","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":271954,"text":"Upon presenting appropriate credentials to the owner, operator, or agent in charge:\n\t\t\ta. Enter without delay and at reasonable times any business establishment, construction site, or other area, workplace, or environment in this Commonwealth, subject to federal security requirements; and\n\t\t\tb. Inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, without prior notice, unless such notice is authorized by the Commissioner or his representative, any such business establishment or place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and question privately any such employer, officer, owner, operator, agent, or employee. If such entry or inspection is refused, prohibited, or otherwise interfered with, the Commissioner shall have the power to seek an order compelling such entry or inspection, pursuant to § 40.1-49.9.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6"}},"ancestry":[{"id":14066,"edition_id":1,"name":"Virginia Asbestos Neshap Act","identifier":"3.3","label":"chapter","depth":2,"order_by":1,"parent_id":12776,"metadata":{},"date_created":"2026-06-26 03:46:46","date_modified":"2026-06-26 03:46:46","permalink":{"id":220299,"object_type":"structure","relational_id":14066,"identifier":"3.3","token":"40.1\/3.3","url":"\/40.1\/3.3\/","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":63158,"structure_id":14066,"section_number":"40.1-51.23","catch_line":"Definitions","url":"\/40.1-51.23\/","token":"40.1\/3.3\/40.1-51.23","metadata":false},{"id":87022,"structure_id":14066,"section_number":"40.1-51.24","catch_line":"Department authorized to enter certain agreements","url":"\/40.1-51.24\/","token":"40.1\/3.3\/40.1-51.24","metadata":false},{"id":68926,"structure_id":14066,"section_number":"40.1-51.25","catch_line":"Safety and Health Codes Board to formulate rules, regulations, etc","url":"\/40.1-51.25\/","token":"40.1\/3.3\/40.1-51.25","metadata":false},{"id":75734,"structure_id":14066,"section_number":"40.1-51.26","catch_line":"Commissioner of Labor and Industry to enforce laws","url":"\/40.1-51.26\/","token":"40.1\/3.3\/40.1-51.26","metadata":false},{"id":55175,"structure_id":14066,"section_number":"40.1-51.27","catch_line":"Inspections, investigations, etc","url":"\/40.1-51.27\/","token":"40.1\/3.3\/40.1-51.27","metadata":false},{"id":68715,"structure_id":14066,"section_number":"40.1-51.28","catch_line":"Issuance of special orders","url":"\/40.1-51.28\/","token":"40.1\/3.3\/40.1-51.28","metadata":false},{"id":83707,"structure_id":14066,"section_number":"40.1-51.29","catch_line":"Decision of Commissioner pursuant to hearing","url":"\/40.1-51.29\/","token":"40.1\/3.3\/40.1-51.29","metadata":false},{"id":71492,"structure_id":14066,"section_number":"40.1-51.30","catch_line":"Appeal to Board","url":"\/40.1-51.30\/","token":"40.1\/3.3\/40.1-51.30","metadata":false},{"id":60762,"structure_id":14066,"section_number":"40.1-51.31","catch_line":"Penalties for noncompliance; judicial review","url":"\/40.1-51.31\/","token":"40.1\/3.3\/40.1-51.31","metadata":false},{"id":72091,"structure_id":14066,"section_number":"40.1-51.32","catch_line":"Owners to furnish plans, specifications and information","url":"\/40.1-51.32\/","token":"40.1\/3.3\/40.1-51.32","metadata":false},{"id":85383,"structure_id":14066,"section_number":"40.1-51.33","catch_line":"Protection of trade secrets","url":"\/40.1-51.33\/","token":"40.1\/3.3\/40.1-51.33","metadata":false},{"id":84167,"structure_id":14066,"section_number":"40.1-51.34","catch_line":"Right of entry","url":"\/40.1-51.34\/","token":"40.1\/3.3\/40.1-51.34","metadata":false},{"id":55498,"structure_id":14066,"section_number":"40.1-51.35","catch_line":"Compelling compliance with regulations and orders of Board; penalty for violations","url":"\/40.1-51.35\/","token":"40.1\/3.3\/40.1-51.35","metadata":false},{"id":84050,"structure_id":14066,"section_number":"40.1-51.36","catch_line":"Judicial review of regulations of Board","url":"\/40.1-51.36\/","token":"40.1\/3.3\/40.1-51.36","metadata":false},{"id":63199,"structure_id":14066,"section_number":"40.1-51.37","catch_line":"Appeal from decision of Board","url":"\/40.1-51.37\/","token":"40.1\/3.3\/40.1-51.37","metadata":false},{"id":57872,"structure_id":14066,"section_number":"40.1-51.38","catch_line":"Appeal to Court of Appeals","url":"\/40.1-51.38\/","token":"40.1\/3.3\/40.1-51.38","metadata":false},{"id":68404,"structure_id":14066,"section_number":"40.1-51.39","catch_line":"Penalties; chapter not to affect right to relief or to maintain action","url":"\/40.1-51.39\/","token":"40.1\/3.3\/40.1-51.39","metadata":false},{"id":68605,"structure_id":14066,"section_number":"40.1-51.40","catch_line":"Duty of attorney for the Commonwealth","url":"\/40.1-51.40\/","token":"40.1\/3.3\/40.1-51.40","metadata":false},{"id":59021,"structure_id":14066,"section_number":"40.1-51.41","catch_line":"Local ordinances","url":"\/40.1-51.41\/","token":"40.1\/3.3\/40.1-51.41","metadata":false}],"previous_section":{"id":68926,"structure_id":14066,"section_number":"40.1-51.25","catch_line":"Safety and Health Codes Board to formulate rules, regulations, etc","url":"\/40.1-51.25\/","token":"40.1\/3.3\/40.1-51.25","metadata":false},"next_section":{"id":55175,"structure_id":14066,"section_number":"40.1-51.27","catch_line":"Inspections, investigations, etc","url":"\/40.1-51.27\/","token":"40.1\/3.3\/40.1-51.27","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-51.26\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 541 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 1992 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":68715,"section_number":"40.1-51.28","catch_line":"Issuance of special orders","order_by":null,"url":"\/40.1-51.28\/"},{"id":63199,"section_number":"40.1-51.37","catch_line":"Appeal from decision of Board","order_by":null,"url":"\/40.1-51.37\/"}],"refers_to":[{"id":78898,"section_number":"40.1-49.9","catch_line":"Issuance of warrant","order_by":null,"url":"\/40.1-49.9\/"},{"id":68715,"section_number":"40.1-51.28","catch_line":"Issuance of special orders","order_by":null,"url":"\/40.1-51.28\/"}],"permalink":{"id":220313,"object_type":"law","relational_id":75734,"identifier":"40.1-51.26","token":"40.1\/3.3\/40.1-51.26","url":"\/40.1-51.26\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-51.26\/","token":"40.1\/3.3\/40.1-51.26","dublin_core":{"Title":"Commissioner of Labor and Industry to enforce laws","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-51.26","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Commissioner<\/span> of Labor and Industry shall have the authority to:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Supervise, administer, and enforce the provisions of this chapter and regulations of the Board<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Receive complaints as to asbestos<\/span> NESHAP<\/span> violations; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Hold or cause to be held hearings<\/span> and enter orders<\/span> diminishing or abating the causes of air pollution and orders<\/span> to enforce regulations pursuant to § 40.1-51.28<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Institute legal proceedings, including suits for injunctions<\/span> for the enforcement of his orders<\/span>, regulations of the Board<\/span>, and for the enforcement of penalties; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Investigate any violations of this chapter and regulations; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Require that asbestos<\/span> NESHAP<\/span> records and reports be made available upon request, and require owners<\/span> to develop, maintain, and make available such other records and information as are deemed necessary for the proper enforcement of this chapter and regulation; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Upon presenting appropriate credentials to the owner<\/span>, operator, or agent in charge:\n\t\t\ta. Enter without delay and at reasonable times any business establishment<\/span>, construction site, or other area, workplace, or environment in this Commonwealth, subject to federal security requirements; and\n\t\t\tb. Inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, without prior notice, unless such notice is authorized by the Commissioner<\/span> or his representative, any such business establishment<\/span> or place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials<\/span> therein, and question privately any such employer<\/span>, officer, owner<\/span>, operator, agent, or employee<\/span>. If such entry or inspection is refused, prohibited, or otherwise interfered with, the Commissioner<\/span> shall have the power to seek an order<\/span> compelling such entry or inspection, pursuant to § 40.1-49.9<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMMISSIONER OF LABOR AND INDUSTRY TO ENFORCE LAWS (\u00a7 40.1-51.26)\n\nThe Commissioner of Labor and Industry shall have the authority to:\n\n1. Supervise, administer, and enforce the provisions of this chapter and\nregulations of the Board;\n\n2. Receive complaints as to asbestos NESHAP violations;\n\n3. Hold or cause to be held hearings and enter orders diminishing or abating the\ncauses of air pollution and orders to enforce regulations pursuant to §\n40.1-51.28;\n\n4. Institute legal proceedings, including suits for injunctions for the\nenforcement of his orders, regulations of the Board, and for the enforcement of\npenalties;\n\n5. Investigate any violations of this chapter and regulations;\n\n6. Require that asbestos NESHAP records and reports be made available upon\nrequest, and require owners to develop, maintain, and make available such other\nrecords and information as are deemed necessary for the proper enforcement of\nthis chapter and regulation; and\n\n7. Upon presenting appropriate credentials to the owner, operator, or agent in\ncharge:\n\t\t\ta. Enter without delay and at reasonable times any business establishment,\nconstruction site, or other area, workplace, or environment in this\nCommonwealth, subject to federal security requirements; and\n\t\t\tb. Inspect and investigate during regular working hours and at other\nreasonable times, and within reasonable limits and in a reasonable manner,\nwithout prior notice, unless such notice is authorized by the Commissioner or\nhis representative, any such business establishment or place of employment and\nall pertinent conditions, structures, machines, apparatus, devices, equipment,\nand materials therein, and question privately any such employer, officer, owner,\noperator, agent, or employee. If such entry or inspection is refused,\nprohibited, or otherwise interfered with, the Commissioner shall have the power\nto seek an order compelling such entry or inspection, pursuant to §\n40.1-49.9.\n\nHISTORY: 1992, c. 541.","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}}