{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-6.html"}],"law_id":63744,"edition_id":1,"section_id":63744,"structure_id":13551,"section_number":"40.1-6","catch_line":"Powers and duties of Commissioner","history":"Code 1950, \u00a7 40-4; 1962, c. 66; 1970, c. 321; 1972, c. 567; 1973, c. 425; 1984, cc. 590, 734; 1987, c. 165; 1997, c. 919; 1998, c. 97; 2004, c. 592; 2020, cc. 1216, 1243.","full_text":"The Commissioner shall:\n\n1\n\nHave general supervision and control of the Department;2\n\nEnforce the provisions of this title and shall cause to be prosecuted all violations of law relating to employers or business establishments before any court of competent jurisdiction;3\n\nMake such rules and regulations as may be necessary for the enforcement of this title and procedural rules as are required to comply with the federal Occupational Safety and Health Act of 1970 (P.L. 91-596). All such rules and regulations shall be subject to Chapter 40 (&#xA7; 2.2-4000 et seq.) of Title 2.2;4\n\nIn the discharge of his duties, have power to take and preserve testimony, examine witnesses, and administer oaths and to file a written or printed list of relevant interrogatories and require full and complete answers to the same to be returned under oath within 30 days of the receipt of such list of questions;5\n\nHave power to appoint such representatives as may be necessary to aid the Commissioner in his work, with the duties of such representatives to be prescribed by the Commissioner;6\n\nDetermine the prevailing wage required to be paid under a public contract for public works as provided in &#xA7; 2.2-4321.3 and perform all other duties imposed on the Commissioner under such section. Any determination of the prevailing wage rate made by the Commissioner shall be based on applicable prevailing wage rate determinations made by the U.S. Secretary of Labor under the provisions of the Davis-Bacon Act, 40 U.S.C. &#xA7; 276 et seq., as amended;7\n\nHave power to require that accident, injury, and occupational illness records and reports be kept at any place of employment and that such records and reports be made available to the Commissioner or his duly authorized representatives upon request, and to require employers to develop, maintain, and make available such other records and information as are deemed necessary for the proper enforcement of this title;8\n\nHave power, upon presenting appropriate credentials to the owner, operator, or agent in charge:\n\t\t\ta. To enter without delay and at reasonable times any business establishment, construction site, or other area, workplace, or environment where work is performed by an employee of any employer in this Commonwealth; and\n\t\t\tb. To 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 to 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 power to seek from a court having equity jurisdiction an order compelling such entry or inspection;9\n\nMake rules and regulations governing the granting of temporary or permanent variances from all standards promulgated by the Board under this title. Any interested or affected party may appeal to the Board, the Commissioner&#8217;s determination to grant or deny such a variance. The Board may, as it sees fit, adopt, modify, or reject the determination of the Commissioner;10\n\nHave authority to issue orders to protect the confidentiality of all information reported to or otherwise obtained by the Commissioner, the Board, or the agents or employees of either that contains or might reveal a trade secret. Such information shall be confidential and shall be limited to those persons who need such information for purposes of enforcement of this title. Violations of such orders shall be punishable as civil contempt upon application to the Circuit Court of the City of Richmond. It shall be the duty of each employer to notify the Commissioner or his representatives of the existence of trade secrets where he desires the protection provided herein; and11\n\nServe as executive officer of the Virginia Safety and Health Codes Board and of the Apprenticeship Council and see that the rules, regulations, and policies that they promulgate are carried out.","order_by":null,"text":{"0":{"id":232196,"text":"The Commissioner shall:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":232197,"text":"Have general supervision and control of the Department;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":232198,"text":"Enforce the provisions of this title and shall cause to be prosecuted all violations of law relating to employers or business establishments before any court of competent jurisdiction;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":232199,"text":"Make such rules and regulations as may be necessary for the enforcement of this title and procedural rules as are required to comply with the federal Occupational Safety and Health Act of 1970 (P.L. 91-596). All such rules and regulations shall be subject to Chapter 40 (&#xA7; 2.2-4000 et seq.) of Title 2.2;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":232200,"text":"In the discharge of his duties, have power to take and preserve testimony, examine witnesses, and administer oaths and to file a written or printed list of relevant interrogatories and require full and complete answers to the same to be returned under oath within 30 days of the receipt of such list of questions;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":232201,"text":"Have power to appoint such representatives as may be necessary to aid the Commissioner in his work, with the duties of such representatives to be prescribed by the Commissioner;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":232202,"text":"Determine the prevailing wage required to be paid under a public contract for public works as provided in &#xA7; 2.2-4321.3 and perform all other duties imposed on the Commissioner under such section. Any determination of the prevailing wage rate made by the Commissioner shall be based on applicable prevailing wage rate determinations made by the U.S. Secretary of Labor under the provisions of the Davis-Bacon Act, 40 U.S.C. &#xA7; 276 et seq., as amended;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":232203,"text":"Have power to require that accident, injury, and occupational illness records and reports be kept at any place of employment and that such records and reports be made available to the Commissioner or his duly authorized representatives upon request, and to require employers to develop, maintain, and make available such other records and information as are deemed necessary for the proper enforcement of this title;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":232204,"text":"Have power, upon presenting appropriate credentials to the owner, operator, or agent in charge:\n\t\t\ta. To enter without delay and at reasonable times any business establishment, construction site, or other area, workplace, or environment where work is performed by an employee of any employer in this Commonwealth; and\n\t\t\tb. To 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 to 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 power to seek from a court having equity jurisdiction an order compelling such entry or inspection;","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":232205,"text":"Make rules and regulations governing the granting of temporary or permanent variances from all standards promulgated by the Board under this title. Any interested or affected party may appeal to the Board, the Commissioner&#8217;s determination to grant or deny such a variance. The Board may, as it sees fit, adopt, modify, or reject the determination of the Commissioner;","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":232206,"text":"Have authority to issue orders to protect the confidentiality of all information reported to or otherwise obtained by the Commissioner, the Board, or the agents or employees of either that contains or might reveal a trade secret. Such information shall be confidential and shall be limited to those persons who need such information for purposes of enforcement of this title. Violations of such orders shall be punishable as civil contempt upon application to the Circuit Court of the City of Richmond. It shall be the duty of each employer to notify the Commissioner or his representatives of the existence of trade secrets where he desires the protection provided herein; and","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":232207,"text":"Serve as executive officer of the Virginia Safety and Health Codes Board and of the Apprenticeship Council and see that the rules, regulations, and policies that they promulgate are carried out.","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10"}},"ancestry":[{"id":13551,"edition_id":1,"name":"Department of Labor and Industry","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12776,"metadata":{},"date_created":"2026-06-26 03:45:12","date_modified":"2026-06-26 03:45:12","permalink":{"id":219725,"object_type":"structure","relational_id":13551,"identifier":"1","token":"40.1\/1","url":"\/40.1\/1\/","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":66836,"structure_id":13551,"section_number":"40.1-1","catch_line":"Department continued; powers and duties generally; delegation of authority concerning occupational health","url":"\/40.1-1\/","token":"40.1\/1\/40.1-1","metadata":false},{"id":72235,"structure_id":13551,"section_number":"40.1-10","catch_line":"Offenses in regard to examinations, inspections, etc","url":"\/40.1-10\/","token":"40.1\/1\/40.1-10","metadata":false},{"id":57321,"structure_id":13551,"section_number":"40.1-11","catch_line":"Using or revealing information gathered","url":"\/40.1-11\/","token":"40.1\/1\/40.1-11","metadata":false},{"id":70693,"structure_id":13551,"section_number":"40.1-11.1","catch_line":"Employment of illegal immigrants","url":"\/40.1-11.1\/","token":"40.1\/1\/40.1-11.1","metadata":false},{"id":69209,"structure_id":13551,"section_number":"40.1-11.2","catch_line":"Participation in E-Verify program","url":"\/40.1-11.2\/","token":"40.1\/1\/40.1-11.2","metadata":false},{"id":54516,"structure_id":13551,"section_number":"40.1-11.3","catch_line":"Human trafficking hotline; posted notice required; civil penalty","url":"\/40.1-11.3\/","token":"40.1\/1\/40.1-11.3","metadata":false},{"id":85128,"structure_id":13551,"section_number":"40.1-11.4","catch_line":"Seizure first aid posters","url":"\/40.1-11.4\/","token":"40.1\/1\/40.1-11.4","metadata":false},{"id":55221,"structure_id":13551,"section_number":"40.1-2","catch_line":"Definitions","url":"\/40.1-2\/","token":"40.1\/1\/40.1-2","metadata":false},{"id":54650,"structure_id":13551,"section_number":"40.1-2.01","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/40.1-2.01\/","token":"40.1\/1\/40.1-2.01","metadata":false},{"id":56195,"structure_id":13551,"section_number":"40.1-2.1","catch_line":"Application of title to Commonwealth and its agencies, etc.; safety and health program for public employees","url":"\/40.1-2.1\/","token":"40.1\/1\/40.1-2.1","metadata":false},{"id":64264,"structure_id":13551,"section_number":"40.1-3","catch_line":"Title provides for safety, health and welfare of employees","url":"\/40.1-3\/","token":"40.1\/1\/40.1-3","metadata":false},{"id":59713,"structure_id":13551,"section_number":"40.1-4","catch_line":"Repealed","url":"\/40.1-4\/","token":"40.1\/1\/40.1-4","metadata":false},{"id":79387,"structure_id":13551,"section_number":"40.1-4.1","catch_line":"Annual report","url":"\/40.1-4.1\/","token":"40.1\/1\/40.1-4.1","metadata":false},{"id":71671,"structure_id":13551,"section_number":"40.1-5","catch_line":"Governor to appoint Commissioner of Labor and Industry","url":"\/40.1-5\/","token":"40.1\/1\/40.1-5","metadata":false},{"id":63744,"structure_id":13551,"section_number":"40.1-6","catch_line":"Powers and duties of Commissioner","url":"\/40.1-6\/","token":"40.1\/1\/40.1-6","metadata":false},{"id":75840,"structure_id":13551,"section_number":"40.1-7","catch_line":"Attorney for the Commonwealth to prosecute on request of Commissioner","url":"\/40.1-7\/","token":"40.1\/1\/40.1-7","metadata":false},{"id":72858,"structure_id":13551,"section_number":"40.1-8","catch_line":"Other officers to furnish information; protected health information under certain circumstances","url":"\/40.1-8\/","token":"40.1\/1\/40.1-8","metadata":false},{"id":64141,"structure_id":13551,"section_number":"40.1-9","catch_line":"How Department maintained","url":"\/40.1-9\/","token":"40.1\/1\/40.1-9","metadata":false}],"previous_section":{"id":71671,"structure_id":13551,"section_number":"40.1-5","catch_line":"Governor to appoint Commissioner of Labor and Industry","url":"\/40.1-5\/","token":"40.1\/1\/40.1-5","metadata":false},"next_section":{"id":75840,"structure_id":13551,"section_number":"40.1-7","catch_line":"Attorney for the Commonwealth to prosecute on request of Commissioner","url":"\/40.1-7\/","token":"40.1\/1\/40.1-7","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-6\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 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 1962, chapter 66; in 1970, chapter 321; in 1972, chapter 567; in 1973, chapter 425; in 1984, chapters 590 and 734; in 1987, chapter 165; in 1997, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0919\">919<\/a>; in 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0097\">97<\/a>; in 2004, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0592\">592<\/a>; in 2020, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1216\">1216<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1243\">1243<\/a>.<\/p>","references":[{"id":72235,"section_number":"40.1-10","catch_line":"Offenses in regard to examinations, inspections, etc","order_by":null,"url":"\/40.1-10\/"},{"id":85981,"section_number":"40.1-51.1","catch_line":"Duties of employers","order_by":null,"url":"\/40.1-51.1\/"},{"id":68895,"section_number":"40.1-51.19","catch_line":"Variances","order_by":null,"url":"\/40.1-51.19\/"},{"id":79228,"section_number":"40.1-51.19:4.1","catch_line":"Variances","order_by":null,"url":"\/40.1-51.19_4.1\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":56761,"section_number":"2.2-4321.3","catch_line":"Payment of prevailing wage for work performed on public works contracts; penalty","order_by":null,"url":"\/2.2-4321.3\/"}],"permalink":{"id":219783,"object_type":"law","relational_id":63744,"identifier":"40.1-6","token":"40.1\/1\/40.1-6","url":"\/40.1-6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-6\/","token":"40.1\/1\/40.1-6","dublin_core":{"Title":"Powers and duties of Commissioner","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>The <span class=\"dictionary\">Commissioner<\/span> shall:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> Have general supervision and control of the <span class=\"dictionary\">Department<\/span>; <a id=\"paragraph-232197\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/40.1-6\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> Enforce the provisions of this title and shall cause to be prosecuted all violations of <span class=\"dictionary\">law<\/span> relating to <span class=\"dictionary\">employers<\/span> or <span class=\"dictionary\">business establishments<\/span> before any <span class=\"dictionary\">court<\/span> of competent <span class=\"dictionary\">jurisdiction<\/span>; <a id=\"paragraph-232198\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/40.1-6\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"3\"><p><span class=\"prefix-number\">3.<\/span> Make such rules and regulations as may be necessary for the enforcement of this title and procedural rules as are required to comply with the federal Occupational Safety and Health Act of 1970 (P.L. 91-596). All such rules and regulations shall be subject to Chapter 40 (&#xA7; <a class=\"law\" title=\"Short title; purpose\" href=\"\/2.2-4000\/\">2.2-4000<\/a> et seq.) of Title 2.2; <a id=\"paragraph-232199\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/40.1-6\/#3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"4\"><p><span class=\"prefix-number\">4.<\/span> In the discharge of his duties, have power to take and preserve <span class=\"dictionary\">testimony<\/span>, examine witnesses, and administer <span class=\"dictionary\">oaths<\/span> and to file a written or printed list of relevant <span class=\"dictionary\">interrogatories<\/span> and require full and complete answers to the same to be returned under <span class=\"dictionary\">oath<\/span> within 30 days of the receipt of such list of questions; <a id=\"paragraph-232200\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/40.1-6\/#4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"5\"><p><span class=\"prefix-number\">5.<\/span> Have power to appoint such representatives as may be necessary to aid the <span class=\"dictionary\">Commissioner<\/span> in his work, with the duties of such representatives to be prescribed by the <span class=\"dictionary\">Commissioner<\/span>; <a id=\"paragraph-232201\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/40.1-6\/#5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"6\"><p><span class=\"prefix-number\">6.<\/span> Determine the prevailing wage required to be paid under a public <span class=\"dictionary\">contract<\/span> for public works as provided in &#xA7; <a class=\"law\" title=\"Payment of prevailing wage for work performed on public works contracts; penalty\" href=\"\/2.2-4321.3\/\">2.2-4321.3<\/a> and perform all other duties imposed on the <span class=\"dictionary\">Commissioner<\/span> under such section. Any determination of the prevailing wage rate made by the <span class=\"dictionary\">Commissioner<\/span> shall be based on applicable prevailing wage rate determinations made by the U.S. Secretary of Labor under the provisions of the Davis-Bacon Act, 40 U.S.C. &#xA7; 276 et seq., as amended; <a id=\"paragraph-232202\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/40.1-6\/#6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"7\"><p><span class=\"prefix-number\">7.<\/span> Have power to require that accident, injury, and occupational illness records and reports be kept at any place of employment and that such records and reports be made available to the <span class=\"dictionary\">Commissioner<\/span> or his duly authorized representatives upon request, and to require <span class=\"dictionary\">employers<\/span> to develop, maintain, and make available such other records and information as are deemed necessary for the proper enforcement of this title; <a id=\"paragraph-232203\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/40.1-6\/#7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"8\"><p><span class=\"prefix-number\">8.<\/span> Have power, upon presenting appropriate credentials to the owner, operator, or agent in charge:\n\t\t\ta. To enter without delay and at reasonable times any <span class=\"dictionary\">business establishment<\/span>, construction site, or other area, workplace, or environment where work is performed by an <span class=\"dictionary\">employee<\/span> of any <span class=\"dictionary\">employer<\/span> in this Commonwealth; and\n\t\t\tb. To 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 <span class=\"dictionary\">Commissioner<\/span> or his representative, any such <span class=\"dictionary\">business establishment<\/span> or place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and <span class=\"dictionary\">materials<\/span> therein, and to question privately any such <span class=\"dictionary\">employer<\/span>, officer, owner, operator, agent, or <span class=\"dictionary\">employee<\/span>. If such entry or inspection is refused, prohibited, or otherwise interfered with, the <span class=\"dictionary\">Commissioner<\/span> shall have power to seek from a <span class=\"dictionary\">court<\/span> having <span class=\"dictionary\">equity<\/span> <span class=\"dictionary\">jurisdiction<\/span> an <span class=\"dictionary\">order<\/span> compelling such entry or inspection; <a id=\"paragraph-232204\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/40.1-6\/#8\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"9\"><p><span class=\"prefix-number\">9.<\/span> Make rules and regulations governing the granting of temporary or permanent variances from all standards promulgated by the <span class=\"dictionary\">Board<\/span> under this title. Any interested or affected <span class=\"dictionary\">party<\/span> may <span class=\"dictionary\">appeal<\/span> to the <span class=\"dictionary\">Board<\/span>, the <span class=\"dictionary\">Commissioner<\/span>&#8217;s determination to grant or deny such a variance. The <span class=\"dictionary\">Board<\/span> may, as it sees fit, adopt, modify, or reject the determination of the <span class=\"dictionary\">Commissioner<\/span>; <a id=\"paragraph-232205\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/40.1-6\/#9\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"10\"><p><span class=\"prefix-number\">10.<\/span> Have authority to <span class=\"dictionary\">issue<\/span> <span class=\"dictionary\">orders<\/span> to protect the confidentiality of all information reported to or otherwise obtained by the <span class=\"dictionary\">Commissioner<\/span>, the <span class=\"dictionary\">Board<\/span>, or the agents or <span class=\"dictionary\">employees<\/span> of either that contains or might reveal a trade secret. Such information shall be confidential and shall be limited to those persons who need such information for purposes of enforcement of this title. Violations of such <span class=\"dictionary\">orders<\/span> shall be punishable as <span class=\"dictionary\">civil contempt<\/span> upon application to the <span class=\"dictionary\">Circuit<\/span> <span class=\"dictionary\">Court<\/span> of the City of Richmond. It shall be the duty of each <span class=\"dictionary\">employer<\/span> to notify the <span class=\"dictionary\">Commissioner<\/span> or his representatives of the existence of trade secrets where he desires the protection provided herein; and <a id=\"paragraph-232206\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/40.1-6\/#10\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"11\"><p><span class=\"prefix-number\">11.<\/span> Serve as executive officer of the Virginia Safety and Health Codes <span class=\"dictionary\">Board<\/span> and of the Apprenticeship Council and see that the rules, regulations, and policies that they promulgate are carried out. <a id=\"paragraph-232207\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/40.1-6\/#11\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPOWERS AND DUTIES OF COMMISSIONER (\u00a7 40.1-6)\n\nThe Commissioner shall:\n\n1. Have general supervision and control of the Department;\n\n2. Enforce the provisions of this title and shall cause to be prosecuted all\nviolations of law relating to employers or business establishments before any\ncourt of competent jurisdiction;\n\n3. Make such rules and regulations as may be necessary for the enforcement of\nthis title and procedural rules as are required to comply with the federal\nOccupational Safety and Health Act of 1970 (P.L. 91-596). All such rules and\nregulations shall be subject to Chapter 40 (&#xA7; 2.2-4000 et seq.) of Title\n2.2;\n\n4. In the discharge of his duties, have power to take and preserve testimony,\nexamine witnesses, and administer oaths and to file a written or printed list of\nrelevant interrogatories and require full and complete answers to the same to be\nreturned under oath within 30 days of the receipt of such list of questions;\n\n5. Have power to appoint such representatives as may be necessary to aid the\nCommissioner in his work, with the duties of such representatives to be\nprescribed by the Commissioner;\n\n6. Determine the prevailing wage required to be paid under a public contract for\npublic works as provided in &#xA7; 2.2-4321.3 and perform all other duties\nimposed on the Commissioner under such section. Any determination of the\nprevailing wage rate made by the Commissioner shall be based on applicable\nprevailing wage rate determinations made by the U.S. Secretary of Labor under\nthe provisions of the Davis-Bacon Act, 40 U.S.C. &#xA7; 276 et seq., as amended;\n\n7. Have power to require that accident, injury, and occupational illness records\nand reports be kept at any place of employment and that such records and reports\nbe made available to the Commissioner or his duly authorized representatives\nupon request, and to require employers to develop, maintain, and make available\nsuch other records and information as are deemed necessary for the proper\nenforcement of this title;\n\n8. Have power, upon presenting appropriate credentials to the owner, operator,\nor agent in charge:\n\t\t\ta. To enter without delay and at reasonable times any business establishment,\nconstruction site, or other area, workplace, or environment where work is\nperformed by an employee of any employer in this Commonwealth; and\n\t\t\tb. To 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 his\nrepresentative, any such business establishment or place of employment and all\npertinent conditions, structures, machines, apparatus, devices, equipment, and\nmaterials therein, and to 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 power to\nseek from a court having equity jurisdiction an order compelling such entry or\ninspection;\n\n9. Make rules and regulations governing the granting of temporary or permanent\nvariances from all standards promulgated by the Board under this title. Any\ninterested or affected party may appeal to the Board, the Commissioner&#8217;s\ndetermination to grant or deny such a variance. The Board may, as it sees fit,\nadopt, modify, or reject the determination of the Commissioner;\n\n10. Have authority to issue orders to protect the confidentiality of all\ninformation reported to or otherwise obtained by the Commissioner, the Board, or\nthe agents or employees of either that contains or might reveal a trade secret.\nSuch information shall be confidential and shall be limited to those persons who\nneed such information for purposes of enforcement of this title. Violations of\nsuch orders shall be punishable as civil contempt upon application to the\nCircuit Court of the City of Richmond. It shall be the duty of each employer to\nnotify the Commissioner or his representatives of the existence of trade secrets\nwhere he desires the protection provided herein; and\n\n11. Serve as executive officer of the Virginia Safety and Health Codes Board and\nof the Apprenticeship Council and see that the rules, regulations, and policies\nthat they promulgate are carried out.\n\nHISTORY: Code 1950, \u00a7 40-4; 1962, c. 66; 1970, c. 321; 1972, c. 567; 1973, c.\n425; 1984, cc. 590, 734; 1987, c. 165; 1997, c. 919; 1998, c. 97; 2004, c. 592;\n2020, cc. 1216, 1243.","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}}