                                 CODE OF VIRGINIA

RIGHTS AND DUTIES OF EMPLOYEES (§ 40.1-51.2)

a. It shall be the duty of each employee to comply with all occupational safety
and health rules and regulations issued pursuant to this chapter and any orders
issued thereunder which are applicable to his own action and conduct.

b. Employees or their representatives may bring to the attention of their
employer any hazardous conditions that exist or bring the matter to the
attention of the Commissioner or his authorized representative, without first
bringing the matter to the attention of their employer. Upon receipt of any
complaint of hazardous conditions, the Commissioner 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 employee or the
employee representative shall file a written complaint with the Commissioner on
a form prescribed by the Commissioner, if at that time, the Commissioner 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
employer by the Commissioner at the time of such inspection. The name or names
of individuals bringing such matters to the attention of the Commissioner shall
be held in confidence upon request of such individuals.

c. [Repealed.]

d. A representative of the employees selected by the employees shall be given an
opportunity to accompany the Commissioner or his authorized representative
during the physical inspection of the work place for the purpose of aiding such
inspection. Where there is no authorized employee representative, the
Commissioner or his authorized representative shall consult with a reasonable
number of employees concerning matters of health and safety at the work place.
No person shall discharge or in any manner discriminate against an employee
representative for his participation in any safety and health inspection.

e. The employer and the complaining employee, employees or employee
representative shall be notified in writing by the Commissioner 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;
40.1-49.4 of the Code.

HISTORY: 1972, c. 602; 1973, c. 425; 1976, c. 607.