                                 CODE OF VIRGINIA

SAFETY AND HEALTH CODES COMMISSION CONTINUED AS SAFETY AND HEALTH CODES BOARD
(§ 40.1-22)

1. The Safety and Health Codes Commission is continued and shall hereafter be
known as the Safety and Health Codes Board. The Board shall consist of fourteen
members, twelve of whom shall be appointed by the Governor. One member shall, by
reason of previous vocation, employment or affiliation, be chosen to represent
labor in the manufacturing industry; one member shall, by reason of previous
vocation, employment or affiliation, be chosen to represent labor in the
construction industry; one member shall, by reason of previous vocation,
employment or affiliation, be chosen to represent industrial employers; one
member shall be chosen from and be a representative of the general public; one
member shall be a representative of agricultural employers; one member shall, by
reason of previous vocation, employment or affiliation, be chosen to represent
agricultural employees; one member shall, by reason of previous vocation,
employment or affiliation, be chosen to represent construction industry
employers; one member shall be a representative of an insurance company; one
member shall be a labor representative from the boiler pressure vessel industry;
one member shall be a labor representative knowledgeable in chemicals and toxic
substances; one member shall be an employer representative of the boiler
pressure vessel industry; one member shall be an industrial representative
knowledgeable in chemical and toxic substances, and the Director of the
Department of Environmental Quality or his duly authorized representative shall
be a member ex officio with full membership status. The Commissioner of Health
or his duly authorized representative shall also be a member ex officio with
full membership status.

2. The first appointive members shall be appointed as follows: one for a term of
four years, one for a term of three years, one for a term of two years, and one
for a term of one year. Of the members appointed to represent the construction
industry, one shall be appointed for the term of two years and one shall be
appointed for the term of four years. Succeeding appointments shall be for terms
of four years each but other vacancies shall be filled by appointment for the
unexpired term.

3. The Board shall annually select a chairman from its members. The Board shall
meet at least once every six months; other meetings may be held upon call of the
chairman or any three members of the Board. Five members of the Board shall
constitute a quorum.

4. The Board shall study and investigate all phases of safety in business
establishments, the application of this title thereto, and shall serve as
advisor to the Commissioner.

5. The Board, with the advice of the Commissioner, is hereby authorized to
adopt, alter, amend, or repeal rules and regulations to further, protect and
promote the safety and health of employees in places of employment over which it
has jurisdiction and to effect compliance with the Federal Occupational Safety
and Health Act of 1970 (P.L. 91-596), and as may be necessary to carry out its
functions established under this title. The Commissioner shall enforce such
rules and regulations. All such rules and regulations shall be designed to
protect and promote the safety and health of such employees. In making such
rules and regulations to protect the occupational safety and health of
employees, the Board shall adopt the standard which most adequately assures, to
the extent feasible, on the basis of the best available evidence, that no
employee will suffer material impairment of health or functional capacity.
However, such standards shall be at least as stringent as the standards
promulgated by the Federal Occupational Safety and Health Act of 1970 (P.L.
91-596). In addition to the attainment of the highest degree of health and
safety protection for the employee, other considerations shall be the latest
available scientific data in the field, the feasibility of the standards, and
experience gained under this and other health and safety laws. Whenever
practicable, the standard promulgated shall be expressed in terms of objective
criteria and of the performance desired. Such standards when applicable to
products which are distributed in interstate commerce shall be the same as
federal standards unless deviations are required by compelling local conditions
and do not unduly burden interstate commerce.

6. Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 shall apply to the adoption of
rules and regulations under this section and to proceedings before the Board.

   6a. The Board shall provide, without regard to the requirements of Chapter 40
   (&#xA7; 2.2-4000 et seq.) of Title 2.2, for an emergency temporary standard to
   take immediate effect upon publication in a newspaper of general circulation,
   published in the City of Richmond, Virginia, if it determines that employees
   are exposed to grave danger from exposure to substances or agents determined
   to be toxic or physically harmful or from new hazards, and that such emergency
   standard is necessary to protect employees from such danger. The publication
   mentioned herein shall constitute notice that the Board intends to adopt such
   standard within a period of six months. The Board by similar publication shall
   prior to the expiration of six months give notice of the time and date of, and
   conduct a hearing on, the adoption of a permanent standard. The emergency
   temporary standard shall expire within six months or when superseded by a
   permanent standard, whichever occurs first, or when repealed by the Board.

7. Any person who may be adversely affected by a standard issued under this
title may challenge the validity of such standard in the Circuit Court of the
City of Richmond by declaratory judgment. The determination of the Safety and
Health Codes Board shall be conclusive if supported by substantial evidence in
the record considered as a whole. Adoption of a federal occupational safety and
health standard shall be deemed to be sufficient evidence to support
promulgation of such standard. The filing of a petition for declaratory judgment
shall not operate as a stay of the standard unless the court issues a
preliminary injunction.

HISTORY: Code 1950, § 40-20; 1962, c. 66; 1968, c. 272; 1970, cc. 321, 649;
1972, c. 567; 1973, c. 425; 1974, c. 195; 1976, c. 607; 1979, c. 656; 1980, c.
728; 1984, c. 590; 1985, c. 448; 1987, c. 165; 1988, c. 467.