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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>83917</law_id><section_number>40.1-51.2</section_number><catch_line>Rights and duties of employees</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><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 id="a"><p><span class="prefix-number">a.</span> It shall be the duty of each <span class="dictionary">employee</span> to comply with all occupational safety and health rules and regulations issued pursuant to this chapter and any <span class="dictionary">orders</span> issued thereunder which are applicable to his own action and conduct. <a id="paragraph-300725" class="section-permalink" href="https://vacode.org/40.1-51.2/#a"><i class="fa fa-link"/></a></p></section>
						<section id="b"><p><span class="prefix-number">b.</span> <span class="dictionary">Employees</span> or their representatives may bring to the attention of their <span class="dictionary">employer</span> any hazardous conditions that exist or bring the matter to the attention of the <span class="dictionary">Commissioner</span> or his authorized representative, without first bringing the matter to the attention of their <span class="dictionary">employer</span>. Upon receipt of any complaint of hazardous conditions, the <span class="dictionary">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 <span class="dictionary">employee</span> or the <span class="dictionary">employee</span> representative shall file a written complaint with the <span class="dictionary">Commissioner</span> on a form prescribed by the <span class="dictionary">Commissioner</span>, if at that time, the <span class="dictionary">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 <span class="dictionary">employer</span> by the <span class="dictionary">Commissioner</span> at the time of such inspection. The name or names of individuals bringing such matters to the attention of the <span class="dictionary">Commissioner</span> shall be held in confidence upon request of such individuals. <a id="paragraph-300726" class="section-permalink" href="https://vacode.org/40.1-51.2/#b"><i class="fa fa-link"/></a></p></section>
						<section id="c"><p><span class="prefix-number">c.</span> [Repealed.] <a id="paragraph-300727" class="section-permalink" href="https://vacode.org/40.1-51.2/#c"><i class="fa fa-link"/></a></p></section>
						<section id="d"><p><span class="prefix-number">d.</span> A representative of the <span class="dictionary">employees</span> selected by the <span class="dictionary">employees</span> shall be given an opportunity to accompany the <span class="dictionary">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 <span class="dictionary">employee</span> representative, the <span class="dictionary">Commissioner</span> or his authorized representative shall consult with a reasonable number of <span class="dictionary">employees</span> concerning matters of health and safety at the work place. No person shall discharge or in any manner discriminate against an <span class="dictionary">employee</span> representative for his participation in any safety and health inspection. <a id="paragraph-300728" class="section-permalink" href="https://vacode.org/40.1-51.2/#d"><i class="fa fa-link"/></a></p></section>
						<section id="e"><p><span class="prefix-number">e.</span> The <span class="dictionary">employer</span> and the complaining <span class="dictionary">employee</span>, <span class="dictionary">employees</span> or <span class="dictionary">employee</span> representative shall be notified in writing by the <span class="dictionary">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 &#xA7; <a class="law" title="Enforcement of this title and standards, rules or regulations for safety and health; orders of Commissioner; proceedings in circuit court; injunctions; penalties" href="/40.1-49.4/">40.1-49.4</a> of the Code. <a id="paragraph-300729" class="section-permalink" href="https://vacode.org/40.1-51.2/#e"><i class="fa fa-link"/></a></p></section></text><history>1972, c. 602; 1973, c. 425; 1976, c. 607.</history><metadata></metadata></law>
