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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>78898</law_id><section_number>40.1-49.9</section_number><catch_line>Issuance of warrant</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>40.1-51.26</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="40.1">Labor and Employment</unit><unit label="chapter" level="2" order_by="1" identifier="3">Protection of Employees</unit><unit label="article" level="3" order_by="1" identifier="5">Safety Provisions</unit></structure><text>
						<section><p>Administrative <span class="dictionary">search warrants</span> for inspections of workplaces, based upon a <span class="dictionary">petition</span> demonstrating <span class="dictionary">probable cause</span> and supported by an <span class="dictionary">affidavit</span>, may be issued by any <span class="dictionary">judge</span> having authority to <span class="dictionary">issue</span> criminal warrants whose territorial <span class="dictionary">jurisdiction</span> encompasses the workplace to be inspected or entered, if he is satisfied from the <span class="dictionary">petition</span> and <span class="dictionary">affidavit</span> that there is reasonable and <span class="dictionary">probable cause</span> for the issuance of an administrative <span class="dictionary">search warrant</span>. No administrative <span class="dictionary">search warrant</span> shall be issued pursuant to this chapter except upon <span class="dictionary">probable cause</span>, supported by <span class="dictionary">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. <span class="dictionary">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, <span class="dictionary">object</span>, activity, or circumstance which legally justifies such inspection, testing or collection of samples for testing. The supporting <span class="dictionary">affidavit</span> shall contain either a statement that consent to inspect, test or collect samples for testing has been sought and refused or <span class="dictionary">facts</span> or circumstances reasonably justifying the failure to seek such consent in <span class="dictionary">order</span> to enforce effectively the occupational safety and health <span class="dictionary">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 <span class="dictionary">search warrant</span> based on legislative or administrative standards for selecting workplaces for inspection, the <span class="dictionary">affidavit</span> shall contain factual <span class="dictionary">allegations</span> sufficient to justify an independent determination by the <span class="dictionary">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&#x2019;s high hazard ranking, the <span class="dictionary">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 <span class="dictionary">Commissioner</span>. The <span class="dictionary">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 <span class="dictionary">judge</span> may examine the affiant under <span class="dictionary">oath</span> or affirmation to verify the accuracy of any matter in the <span class="dictionary">affidavit</span>. After issuing a warrant under this section, the <span class="dictionary">judge</span> shall file the <span class="dictionary">affidavit</span> in the manner prescribed by &#xA7;&#xA0;<a class="law" title="Affidavit preliminary to issuance of search warrant; general search warrant prohibited; effect of failure to file affidavit" href="/19.2-54/">19.2-54</a>.</p></section></text><history>1987, c. 643; 2014, c. 354.</history><metadata></metadata></law>
