                                 CODE OF VIRGINIA

APPLICATION OF TITLE TO COMMONWEALTH AND ITS AGENCIES, ETC.; SAFETY AND HEALTH
PROGRAM FOR PUBLIC EMPLOYEES (§ 40.1-2.1)

The provisions of this title and any rules and regulations promulgated pursuant
thereto shall not apply to the Commonwealth or any of its agencies,
institutions, or political subdivisions, or any public body, unless, and to the
extent that, coverage is extended by specific regulation of the Commissioner or
the Board. The Commissioner is authorized to establish and maintain an effective
and comprehensive occupational safety and health program applicable to employees
of the Commonwealth, its agencies, institutions, political subdivisions, or any
public body. Such program shall be subject to any State plan submitted to the
federal government for State enforcement of the Federal Occupational Safety and
Health Act of 1970 (P.L. 91-596), or any other regulation promulgated under
Title 40.1. The Commissioner or the Board shall establish procedures and adopt
regulations for enforcing the program that shall include provisions for (i) the
issuance of proposed penalties; (ii) the payment of such penalties or a
negotiated sum in lieu of such penalties; (iii) the deposit of such payments
into the general fund of the state treasury; (iv) fair hearings, including
judicial review; and (v) other sanctions to be applied for violations.

HISTORY: 1973, c. 425; 2016, c. 526.