                                 CODE OF VIRGINIA

POWERS AND DUTIES OF COMMISSIONER (§ 40.1-6)

The Commissioner shall:

1. Have general supervision and control of the Department;

2. Enforce the provisions of this title and shall cause to be prosecuted all
violations of law relating to employers or business establishments before any
court of competent jurisdiction;

3. Make such rules and regulations as may be necessary for the enforcement of
this title and procedural rules as are required to comply with the federal
Occupational Safety and Health Act of 1970 (P.L. 91-596). All such rules and
regulations shall be subject to Chapter 40 (&#xA7; 2.2-4000 et seq.) of Title
2.2;

4. In the discharge of his duties, have power to take and preserve testimony,
examine witnesses, and administer oaths and to file a written or printed list of
relevant interrogatories and require full and complete answers to the same to be
returned under oath within 30 days of the receipt of such list of questions;

5. Have power to appoint such representatives as may be necessary to aid the
Commissioner in his work, with the duties of such representatives to be
prescribed by the Commissioner;

6. Determine the prevailing wage required to be paid under a public contract for
public works as provided in &#xA7; 2.2-4321.3 and perform all other duties
imposed on the Commissioner under such section. Any determination of the
prevailing wage rate made by the Commissioner shall be based on applicable
prevailing wage rate determinations made by the U.S. Secretary of Labor under
the provisions of the Davis-Bacon Act, 40 U.S.C. &#xA7; 276 et seq., as amended;

7. Have power to require that accident, injury, and occupational illness records
and reports be kept at any place of employment and that such records and reports
be made available to the Commissioner or his duly authorized representatives
upon request, and to require employers to develop, maintain, and make available
such other records and information as are deemed necessary for the proper
enforcement of this title;

8. Have power, upon presenting appropriate credentials to the owner, operator,
or agent in charge:
			a. To enter without delay and at reasonable times any business establishment,
construction site, or other area, workplace, or environment where work is
performed by an employee of any employer in this Commonwealth; and
			b. To inspect and investigate, during regular working hours and at other
reasonable times and within reasonable limits and in a reasonable manner,
without prior notice unless such notice is authorized by the Commissioner or his
representative, any such business establishment or place of employment and all
pertinent conditions, structures, machines, apparatus, devices, equipment, and
materials therein, and to question privately any such employer, officer, owner,
operator, agent, or employee. If such entry or inspection is refused,
prohibited, or otherwise interfered with, the Commissioner shall have power to
seek from a court having equity jurisdiction an order compelling such entry or
inspection;

9. Make rules and regulations governing the granting of temporary or permanent
variances from all standards promulgated by the Board under this title. Any
interested or affected party may appeal to the Board, the Commissioner&#8217;s
determination to grant or deny such a variance. The Board may, as it sees fit,
adopt, modify, or reject the determination of the Commissioner;

10. Have authority to issue orders to protect the confidentiality of all
information reported to or otherwise obtained by the Commissioner, the Board, or
the agents or employees of either that contains or might reveal a trade secret.
Such information shall be confidential and shall be limited to those persons who
need such information for purposes of enforcement of this title. Violations of
such orders shall be punishable as civil contempt upon application to the
Circuit Court of the City of Richmond. It shall be the duty of each employer to
notify the Commissioner or his representatives of the existence of trade secrets
where he desires the protection provided herein; and

11. Serve as executive officer of the Virginia Safety and Health Codes Board and
of the Apprenticeship Council and see that the rules, regulations, and policies
that they promulgate are carried out.

HISTORY: Code 1950, § 40-4; 1962, c. 66; 1970, c. 321; 1972, c. 567; 1973, c.
425; 1984, cc. 590, 734; 1987, c. 165; 1997, c. 919; 1998, c. 97; 2004, c. 592;
2020, cc. 1216, 1243.