Title 16 VAC — Labor and Employment

Agency 5 Virginia Employment Commission

Chapter 5 Public Participation Guidelines

Part I Purpose and Definitions

16VAC5-5-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment, or repeal of the regulations of the Virginia Employment Commission. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 60.2-111 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 9, eff. February 17, 2011.

16VAC5-5-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Virginia Employment Commission, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.

"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.

"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases that is related to promulgating, amending, or repealing a regulation.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, that has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended, and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 60.2-111 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 9, eff. February 17, 2011.

Part II Notification of Interested Persons

16VAC5-5-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 60.2-111 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 9, eff. February 17, 2011.

16VAC5-5-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 16VAC5-5-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 60.2-111 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 9, eff. February 17, 2011.

Part III Public Participation Procedures

16VAC5-5-50 Public comment

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. Such opportunity to comment shall include an online public comment forum on the Town Hall.

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.

E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.

History

Statutory Authority: §§ 2.2-4007.02 and 60.2-111 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 9, eff. February 17, 2011.

16VAC5-5-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider, and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 60.2-111 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 9, eff. February 17, 2011.

16VAC5-5-70 Appointment of regulatory advisory panel

A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or at such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 60.2-111 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 9, eff. February 17, 2011.

16VAC5-5-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 60.2-111 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 9, eff. February 17, 2011.

16VAC5-5-90 Meetings

Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.

History

Statutory Authority: §§ 2.2-4007.02 and 60.2-111 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 9, eff. February 17, 2011.

16VAC5-5-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working daysprior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.

History

Statutory Authority: §§ 2.2-4007.02 and 60.2-111 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 9, eff. February 17, 2011.

16VAC5-5-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 60.2-111 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 9, eff. February 17, 2011.

Agency 15 Department of Labor And Industry

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

16VAC15-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department of Labor and Industry. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 40.1-6(3) of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

16VAC15-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Department of Labor and Industry, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending or repealing a regulation.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 40.1-6(3) of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

Part II Notification of Interested Persons

16VAC15-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 40.1-6(3) of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

16VAC15-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 16VAC15-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 40.1-6(3) of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

Part III Public Participation Procedures

16VAC15-11-50 Public comment

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to (i) submit data, views, and arguments, either orally or in writing, to the agency; and (ii) be accompanied by and represented by counsel or other representative. Such opportunity to comment shall include an online public comment forum on the Town Hall.

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 40.1-6 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008; amended, Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

16VAC15-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 40.1-6(3) of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

16VAC15-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 40.1-6(3) of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

16VAC15-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 40.1-6(3) of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

16VAC15-11-90 Meetings

Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.

History

Statutory Authority: §§ 2.2-4007.02 and 40.1-6(3) of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

16VAC15-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 40.1-6(3) of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

16VAC15-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 40.1-6(3) of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

Agency 20 Apprenticeship Council

Chapter 11 Public Participation Guidelines - Renumbered As 16VAC35-10

Part I Renumbered

16VAC20-11-10 Renumbered as 16VAC35-10-10

History

Historical Notes: Former 16VAC20-11-10 derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; amended and renumbered as 16VAC35-10-10, Virginia Register Volume 42, Issue 12, eff. January 26, 2026.

16VAC20-11-20 Renumbered as 16VAC35-10-20

History

Historical Notes: Former 16VAC20-11-20 derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; amended and renumbered as 16VAC35-10-20, Virginia Register Volume 42, Issue 12, eff. January 26, 2026.

Part II Renumbered

16VAC20-11-30 Renumbered as 16VAC35-10-30

History

Historical Notes: Former 16VAC20-11-30 derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; renumbered as 16VAC35-10-30, Virginia Register Volume 42, Issue 12, eff. January 26, 2026.

16VAC20-11-40 Renumbered as 16VAC35-10-40

History

Historical Notes: Former 16VAC20-11-40 derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; renumbered as 16VAC35-10-40, Virginia Register Volume 42, Issue 12, eff. January 26, 2026.

Part III Renumbered

16VAC20-11-50 Renumbered as 16VAC35-10-50

History

Historical Notes: Former 16VAC20-11-50 derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; amended, Virginia Register Volume 33, Issue 19, eff. June 30, 2017; renumbered as 16VAC35-10-50, Virginia Register Volume 42, Issue 12, eff. January 26, 2026.

16VAC20-11-60 Renumbered as 16VAC35-10-60

History

Historical Notes: Former 16VAC20-11-60 derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; renumbered as 16VAC35-10-60, Virginia Register Volume 42, Issue 12, eff. January 26, 2026.

16VAC20-11-70 Renumbered as 16VAC35-10-70

History

Historical Notes: Former 16VAC20-11-70 derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; renumbered as 16VAC35-10-70, Virginia Register Volume 42, Issue 12, eff. January 26, 2026.

16VAC20-11-80 Renumbered as 16VAC35-10-80

History

Historical Notes: Former 16VAC20-11-80 derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; renumbered as 16VAC35-10-80, Virginia Register Volume 42, Issue 12, eff. January 26, 2026.

16VAC20-11-90 Renumbered as 16VAC35-10-90

History

Historical Notes: Former 16VAC20-11-90 derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; renumbered as 16VAC35-10-90, Virginia Register Volume 42, Issue 12, eff. January 26, 2026.

16VAC20-11-100 Renumbered as 16VAC35-10-100

History

Historical Notes: Former 16VAC20-11-100 derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; renumbered as 16VAC35-10-100, Virginia Register Volume 42, Issue 12, eff. January 26, 2026.

16VAC20-11-110 Renumbered as 16VAC35-10-110

History

Historical Notes: Former 16VAC29-11-110 derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; renumbered as 16VAC35-10-110, Virginia Register Volume 42, Issue 12, eff. January 26, 2026.

Agency 25 Safety And Health Codes Board

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

16VAC25-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Safety and Health Codes Board. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 40.1-22 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

16VAC25-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Safety and Health Codes Board, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 40.1-22 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

Part II Notification of Interested Persons

16VAC25-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 40.1-22 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

16VAC25-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 16VAC25-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 40.1-22 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

Part III Public Participation Procedures

16VAC25-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 40.1-22 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008; amended, Virginia Register Volume 33, Issue 7, eff. January 16, 2017.

16VAC25-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 40.1-22 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

16VAC25-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 40.1-22 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

16VAC25-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 40.1-22 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

16VAC25-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 40.1-22 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

16VAC25-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 40.1-22 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

16VAC25-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 40.1-22 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

Chapter 50 Boiler and Pressure Vessel Regulations

Part I Definitions

16VAC25-50-10 Definitions

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Act" means the Boiler and Pressure Vessel Safety Act, Chapter 3.1 (§ 40.1-51.5 et seq.) of Title 40.1 of the Code of Virginia.

"Alteration" means any change in the item described on the original Manufacturers' Data Report which affects the pressure containing capability of the boiler or pressure vessel. Non-physical changes, such as an increase in the maximum allowable working pressure (internal or external) or design temperature of a boiler or pressure vessel, shall be considered an alteration. A reduction in minimum temperature such that additional mechanical tests are required shall also be considered an alteration.

"ANSI/ASME CSD-1" means ASME CSD-1-2012, Controls and Safety Devices for Automatically Fired Boilers, 2012 Edition, American Society of Mechanical Engineers.

"API-510" means API-510, Pressure Vessel Inspection Code: In-Service Inspection, Rating, Repair, and Alteration, Tenth Edition, May 2014, American Petroleum Institute.

"Approved" means acceptable to the board, commissioner or chief inspector as applicable.

"ASME B31" means ASME B31.1-2014, Power Piping, an International Piping Code, The American Society of Mechanical Engineers.

"ASME Code" means the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers.

"Authorized inspection agency" means one of the following:

a. A department or division established by a state, commonwealth or municipality of the United States, or a province of Canada, which has adopted one or more sections of the ASME Code and whose inspectors hold valid commissions with the National Board of Boiler and Pressure Vessel Inspectors; or equivalent qualifications as defined and set forth in 16VAC25-50-50 and 16VAC25-50-70;

b. An inspection agency of an insurance company which is authorized (licensed) to write boiler and pressure vessel insurance in those jurisdictions which have examined the agency's inspectors to represent such jurisdictions as is evident by the issuance of a valid certificate of competency to the inspector;

c. An owner-user inspection agency as defined in this section; or

d. A contract fee inspector.

"Board" means the Virginia Safety and Health Codes Board.

"Boiler" means a closed vessel in which water is heated, steam is generated, steam is superheated, or any combination of them, under pressure or vacuum for use externally to itself by the direct application of heat. The term "boiler" shall include fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves.

"BTU" means British thermal unit.

"Certificate of competency" means a certificate issued by the commissioner to a person who has passed the prescribed examination as provided in 16VAC25-50-50. See §§ 40.1-51.9 and 40.1-51.9:1 of the Act.

"Certificate inspection" means an inspection, the report of which is used by the chief inspector to decide whether or not a certificate, as provided for in § 40.1-51.10 of the Act may be issued. This certificate inspection shall be an internal inspection when required; otherwise, it shall be as complete an inspection as possible.

"Chief inspector" means the chief boiler and pressure vessel inspector of the Commonwealth.

"Commission, National Board" means the commission issued by the National Board to a holder of a Certificate of Competency for the purpose of conducting inspections in the Commonwealth in accordance with this chapter. The employer must submit the inspector's application to the National Board for a commission.

"Commissioner" means the Commissioner of the Department of Labor and Industry.

"Commonwealth inspector" means any agent appointed by the commissioner under the provisions of § 40.1-51.9 of the Act.

"Condemned boiler or pressure vessel" means a boiler or pressure vessel that has been inspected and declared unsafe for use or disqualified by legal requirements and to which a stamping or marking designating its condemnation has been applied by the chief or commonwealth inspector.

"Current edition of the ASME Code" means the 2015 Edition of the ASME Code, which has been adopted by the Safety and Health Codes Board.

"Department" means the Department of Labor and Industry.

"Division" means the Boiler Safety Enforcement Division of the Department of Labor and Industry.

"Electric boiler" means a boiler in which the source of heat is electricity.

"Examining board" means persons appointed by the chief inspector to monitor examinations of inspectors.

"Existing installation" means and includes any boiler or pressure vessel constructed, installed, placed in operation or contracted for before July 1, 1974.

"External inspection" means an inspection of the exterior of the boiler or pressure vessel and its appliances when the item is in operation.

"Heating boiler" means a steam or vapor boiler operating at pressures not exceeding 15 psig, or a hot water boiler operating at pressures not exceeding 160 psig or temperature not exceeding 250°F at or near the boiler outlet.

"High-pressure, high-temperature water boiler" means a water boiler operating at pressures exceeding 160 psig or temperatures exceeding 250°F at or near the boiler outlet.

"Hobby boiler" means a steam boiler which serves no commercial purpose and is used solely for hobby or display and operated solely for the enjoyment of the owner.

"Hot water supply boiler" means a boiler furnishing hot water to be used externally to itself at pressures not exceeding 160 psig or temperatures not exceeding 250°F at or near the boiler outlet, with the exception of boilers which are directly fired by oil, gas or electricity where none of the following limitations is exceeded:

a. Heat input of 200,000 BTU per hour;

b. Water temperature of 210°F; or

c. Nominal water containing capacity of 120 gallons.

"Hot water supply storage tanks" means those heated by steam or any other indirect means where any one of the following limitations is exceeded:

a. Heat input of 200,000 BTU per hour;

b. Water temperature of 210°F; or

c. Nominal water containing capacity of 120 gallons.

"Inspection certificate" means a certificate issued by the chief inspector for the operation of a boiler or pressure vessel.

"Inspector" means the chief inspector, commonwealth inspector or special inspector.

"Internal inspection" means a complete examination of the internal and external surfaces of a boiler or pressure vessel and its appliances while it is shut down and manhole plates, handhole plates or other inspection openings removed.

"Lap seam crack" means a failure in a lap joint extending parallel to the longitudinal joint and located either between or adjacent to rivet holes.

"Miniature boiler" means any boiler which does not exceed any one of the following limits:

a. 16 inches inside diameter of shell;

b. 20 square feet heating surface;

c. 5 cubic feet gross volume, exclusive of casing and insulation; or

d. 100 psig maximum allowable working pressure.

"National Board" means the National Board of Boiler and Pressure Vessel Inspectors, 1055 Crupper Avenue, Columbus, OH 43229, whose membership is composed of the chief inspectors of government jurisdictions who are charged with the enforcement of the provisions of the ASME Code.

"National Board Inspection Code" means NB-23, the National Board Inspection Code, 2015 Edition, The National Board of Boiler Pressure Vessel Inspectors.

"National Fire Protection Association No. 85" means the NFPA^®85, Boiler and Combustion Systems Hazards Code, 2015 Edition, National Fire Protection Association.

"New boiler or pressure vessel installation" means all boilers or pressure vessels constructed, installed, placed in operation or contracted for after July 1, 1974.

"NFPA" means the National Fire Protection Association.

"Nonstandard boiler or pressure vessel" means a boiler or pressure vessel that does not bear the stamp of Commonwealth of Virginia, the ASME stamp or the National Board stamp when applicable.

"Owner or user" means any person, partnership, firm or corporation who is legally responsible for the safe operation of a boiler or pressure vessel within the Commonwealth.

"Owner-user inspection agency" means any person, partnership, firm or corporation registered with the chief inspector and approved by the board as being legally responsible for inspecting pressure vessels which they operate in this Commonwealth.

"Portable boiler" means an internally fired boiler which is primarily intended for temporary location and whose construction and usage permit it to be readily moved from one location to another.

"Power boiler" means a boiler in which steam or other vapor is generated at a pressure of more than 15 psig.

"Pressure vessel" means a vessel in which the pressure is obtained from an external source, or by the application of heat from an indirect source, or from a direct source, other than those boilers defined in Part I (16VAC25-50-10 et seq.) of this chapter.

"PSIG" means pounds per square inch gauge.

"R Certificate of Authorization" means an authorization issued by the National Board for the repair and alteration of boilers and pressure vessels.

"Reinstalled boiler or pressure vessel" means a boiler or pressure vessel removed from its original setting and reinstalled at the same location or at a new location.

"Repair" means work necessary to return a boiler or pressure vessel to a safe and satisfactory operating condition, provided there is no deviation from the original design.

"Secondhand boiler or pressure vessel" means a boiler or pressure vessel which has changed both location and ownership since the last certificate inspection.

"Special inspector" means an inspector holding a Virginia Certificate of Competency, and who is regularly employed by an insurance company authorized (licensed) to write boiler and pressure vessel insurance in this Commonwealth, an inspector continuously employed by any company operating pressure vessels in this Commonwealth used or to be used by the company, or a contract fee inspector.

"Standard boiler or pressure vessel" means a boiler or pressure vessel which bears the stamp of the Commonwealth of Virginia, the ASME Code stamp and the National Board stamp when applicable.

"Underwriters' Laboratories" means Underwriters' Laboratories, Inc., 333 Pfingsten Road, Northbrook, Illinois 60062, which is a nonprofit, independent organization testing for public safety. It maintains and operates laboratories for the examination and testing of devices, systems, and materials to determine their relation to life, fire, casualty hazards and crime prevention.

"VR Certificate of Authorization" means an authorization issued by the National Board for the repair of pressure relief valves.

"Water heater" means a vessel used to supply: (i) potable hot water; or (ii) both space heat and potable water in combination which is directly heated by the combustion of fuels, electricity, or any other source and withdrawn for use external to the system at pressures not to exceed 160 psi or temperatures of 210°F. This term also includes fired storage water heaters defined by the Virginia Uniform Statewide Building Code as a "water heater."

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 1, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Virginia Register Volume 11, Issue 20, eff. August 1, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 35, Issue 2, eff. November 1, 2018.

16VAC25-50-15 Effective date of certain requirements of the regulation

The applicable requirements of the sections and subsections listed below shall not be enforced until April 1, 1999. On or after April 1, 1999, all sections and subsections of the published regulation shall be enforceable:

Subsection C of 16VAC25-50-70 regarding endorsement requirements for inspecting repairs or alterations;
16VAC25-50-250 regarding endorsement requirements for inspecting repairs or alterations;
Subdivision F 11 of 16VAC25-50-360 regarding repairs conducted by holders of a "VR" stamp;
Subsection G of 16VAC25-50-370 regarding repairs conducted by holders of a "VR" stamp;
Subdivision E 2 of 16VAC25-50-380 regarding repairs conducted by holders of a "VR" stamp; and
Subsections A, B, and C of 16VAC25-50-480 regarding endorsement requirements for conducting and inspecting repairs or alterations.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 5, eff. January 1, 1999.

Part II Administration

16VAC25-50-20 Minimum construction standards for boilers and pressure vessels

A. Boilers and pressure vessels to be installed for operation in this Commonwealth shall be designed, constructed, inspected, stamped and installed in accordance with the applicable ASME Code including all addenda and applicable code cases, other international construction standards which are acceptable to the chief inspector, and this chapter.

B. Boilers and pressure vessels shall bear the National Board stamping, except cast iron boilers and UM vessels. A copy of the Manufacturers' Data Report, signed by the manufacturer's representative and the National Board commissioned inspector, shall be filed by the owner or user with the chief inspector prior to its operation in the Commonwealth.

C. Pressure piping (including welded piping). Piping external to power boilers extending from the boiler to the first stop valve of a single boiler and to the second stop valve in a battery of two or more boilers is subject to the requirements of the current edition of the ASME Code, Section I and the design, fabrication, installation and testing of the valves and piping shall be in conformity with the applicable paragraphs of the current edition of the ASME Code, Section I. Applicable ASME data report forms for this piping shall be furnished by the owner to the chief inspector. Construction rules for materials, design, fabrication, installation and testing both for the boiler external piping and the power piping beyond the valve or valves required by the current edition of the ASME Code, Section I are referenced in ASME B31.1, Power piping, and the ASME Code.

D. Boilers and pressure vessels brought into the Commonwealth and not meeting ASME Code requirements shall not be operated unless the owner or user is granted a variance in accordance with § 40.1-51.19 of the Act.

The request for variance shall include all documentation related to the boiler or pressure vessel that will provide evidence of equivalent fabrication standards, i.e., design specification, calculations, material specifications, detailed construction drawings, fabrication and inspection procedures and qualification records, examination, inspection and test records, and any available manufacturers' data report.

In order to facilitate such a variance approval, the submission of documentation, in the English language and in current U.S. standard units of measure would be helpful. The following list of documents, while not all inclusive, would be useful in providing evidence of safety equivalent to ASME Code construction:

List of materials used for each pressure part;
The design calculations to determine the maximum allowable working pressure in accordance with the ASME Code, applicable section, edition and addenda;
The design code used and the source of stress values for the materials used in the design calculations;
The welding procedures used and the qualification records for each procedure;
The material identification for each type of welding material used;
The performance qualification records for each welder or welding operator used in the construction of the boiler or pressure vessel;
The extent of any nondestructive examination (NDE) performed and the qualification records of NDE operators;
Record of final pressure test signed by a third party inspector;
Name and organization of the third party inspection agency;
A certification from a licensed professional engineer stating that the boiler or pressure vessel has been constructed to a standard providing equivalent safety to that of the ASME Code. A signature, date and seal of the certifying engineer are required;
Where applicable, a matrix of differences between the actual construction of the boiler or pressure vessel for which a variance is requested and a similar boiler or pressure vessel that is ASME Code stamped; and
Where applicable, a letter from an insurance company stating that it will insure the boiler or pressure vessel.

After notification of a violation of this chapter, an owner or user desiring a variance shall submit a request for variance within 30 days.

The chief inspector shall respond to any request for a variance within 30 days of receipt of all required documentation and shall submit a recommendation to the commissioner, who will make the decision on the variance.

E. Before secondhand equipment is installed, application for permission to install shall be filed by the owner or user with the chief inspector and approval obtained.

F. Electric boilers, subject to the requirements of the Act and this chapter, shall bear the Underwriters' Laboratories label on the completed unit or assembly by the manufacturer. This label shall be in addition to the code symbol stamping requirements of the ASME Code and the National Board.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.1, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Virginia Register Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 19, eff. July 2, 2003; Volume 35, Issue 2, eff. November 1, 2018.

16VAC25-50-30 Frequency of inspections of boilers and pressure vessels

A. Power boilers and high-pressure, high-temperature water boilers shall receive an annual internal inspection for certification. Such boilers shall also receive, where possible, an annual external inspection, given while under representative operating conditions.

B. Heating boilers shall receive a certificate inspection biennially.

Steam boilers shall receive an internal inspection where construction permits.
Water boilers shall receive an external inspection with an internal inspection at the discretion of the inspector where construction permits.

C. Except as provided for in subsection E of this section, pressure vessels subject to internal corrosion shall receive a certificate inspection biennially. This inspection shall be an internal inspection conducted at the discretion of the inspector where construction permits.

D. Except as provided for in subsection E of this section, pressure vessels not subject to internal corrosion shall receive a certificate inspection biennially. This inspection shall be an external inspection, with an internal inspection conducted at the discretion of the inspector where construction permits.

E. Pressure vessels that are under the supervision of an authorized owner-user inspection agency shall be inspected at intervals in a manner as agreed upon between the commissioner and that agency.

F. Boiler and pressure vessel components of nuclear power plants that are included in the Act shall be inspected as provided by the ASME Code, Section XI.

G. Based upon documentation of such actual service conditions by the owner or user of the operating equipment, the commissioner may permit variations in the inspection requirements as provided in the Act.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.2, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Volume 35, Issue 2, eff. November 1, 2018.

16VAC25-50-40 Notification of inspection

A. Certificate inspections shall be scheduled in accordance with the frequency established in § 40.1-51.10 of the Act and at a time mutually agreeable to the inspector and owner or user.

B. External inspections may be performed by the inspector during normal working hours and without prior notification.

C. When, as a result of external inspection or determination by other objective means, it is the inspector's opinion that continued operation of the boiler or pressure vessel constitutes a menace to public safety, the inspector may require an internal inspection or an appropriate pressure test to evaluate conditions. In these instances the owner or user shall prepare the boiler or pressure vessel for an internal inspection or appropriate pressure test as the inspector designates.

History

Statutory Authority: §§ 40.1-22 and 40.1-51.5 et seq. of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.3, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993.

16VAC25-50-50 Examination for an inspector's certificate of competency

A. Examination for an inspector's certificate of competency in accordance with the requirements of § 40.1-51.9 of the Code of Virginia shall be held at the office of the commissioner or at any other location selected by the commissioner, four times each year, on the first Wednesday and Thursday of March, June, September and December.

B. An applicant for an examination shall have a minimum of five credit points accumulated under the following subdivisions:

Education (1 credit minimum, 4 credits maximum)

		Category	Credit Points
	a. Technical Training in Boiler and Pressure Vessel Inspection (1 pt. maximum)	1
		Includes any of the following:
		Continuing Education: Having completed and received a passing grade in a training course in at least one of the following (or related) subjects: quality assurance, engineering, fabrication methods, nondestructive examination or inspection. The training course(s) may be a correspondence course or conducted in a classroom.
		Coded Courses: Completion of a course on knowledge, understanding and general structure of the National Board Inspection Code OR other codes or related standards, as applicable.
		Other Courses: Completion of a course on procedures and techniques of auditing, and/or basic inspection methods.
	b. Technical Curriculum:	2
		Includes any of the following:
		A diploma from an accredited technical school,
		Power Engineering certificate,
		Accredited Trade Certificate in such skills as a welder, boilermaker, mechanic, steam fitter, machinist or millwright,
		Evidence of completion of a military or merchant marine training course in the area of marine or stationary boilers or pressure vessels.
	c. College/University	3
		Includes any of the following:
		Associate's Degree in science, mathematics or engineering
		Bachelor's Degree in Science or Mathematics
	d. College/University	4
		Bachelor's Degree in engineering

Experience (1 credit minimum, 4 credits maximum)

Credit as shown for each full year's technical experience associated with boilers and pressure vessels in the categories listed below.

	Category	Credit Points/ Each full year of experience
	a. Engineering, design.	1
	b. Manufacturing, including fabrication methods or processes in either shop or field.	1
	c. Responsible charge in the operation of boilers exceeding 50,000 pounds of steam per hour total capacity.	1
	d. Perform repair, alteration or maintenance of boilers or pressure vessels.	1
	e. Quality control system related to boiler or pressure vessel manufacturing, repair or alteration in either shop or field.	1
	f. Inspection of boilers and pressure vessels either inservice or during construction including either shop or field.	1
	g. A Nondestructive Examination Level II examiner of boilers and pressure vessels.	1

C. Applications for examination shall be in writing on a form furnished by the commissioner stating the education of the applicant, a list of his employers, his period of employment and position held with each employer.

D. Applications containing willful falsifications or untruthful statements shall be rejected.

E. If the applicant's education and experience are acceptable to the examining board, he shall be given a written examination dealing with the construction, installation, operation, maintenance and repair of boilers and pressure vessels and their appurtenances, and the applicant shall be accepted or rejected on the merits of this examination.

F. If the applicant passes the written examination, a certificate of competency may be issued by the commissioner, when the inspector is employed by an authorized inspection agency as defined in 16VAC25-50-10.

G. After 90 days, an applicant who fails to pass the examination will be permitted to take another written examination and his acceptance or rejection will be determined on the basis of this examination. Applicants who fail to obtain a passing grade on the examination after three attempts shall not be permitted to take the examination for at least one year following the last attempt.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.4, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Virginia Register Volume 15, Issue 5, eff. January 1, 1999.

16VAC25-50-60 Examination fees

A fee of $50 will be charged for each applicant taking the examination for a certificate of competency. In the event an applicant fails the examination, the applicant may be re-examined within one year of the initial test date without additional charge. Checks or money orders for examination fees shall be made payable to the Treasurer of Virginia and sent to the chief inspector.

History

Statutory Authority: §§ 40.1-22 and 40.1-51.5 et seq. of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.5, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993.

16VAC25-50-70 Certificate of competency and identification card

A. Upon request and subject to subsection B of this section, a certificate of competency and an identification card shall be issued by the commissioner to:

An inspector who is employed full time by a governmental authority having an authorized inspection agency as defined in 16VAC25-50-10.
An inspector who is employed by an insurance company which is authorized (licensed) to write boiler and pressure vessel insurance in this Commonwealth.
An inspector who is employed by a company which operates unfired pressure vessels in Virginia and has a valid owner-user inspection agency agreement as provided in 16VAC25-50-120.
A contract fee inspector.

B. The applicant must pass the examination as set forth in 16VAC25-50-50 and pay the application fee of $50; or hold a valid commission or certificate of competency from a state that has a standard of examination substantially equal to that of Virginia, and a valid commission and identification card issued by the National Board.

C. Requests for a certificate of competency, identification card and endorsements shall be completed on forms provided by the chief inspector and shall be accompanied by, when applicable, a facsimile of the applicant's commission, certificate of competency and identification cards, named above, and a processing fee of $20 payable to the Treasurer of Virginia. An endorsement of the Virginia identification card is required for inspecting repairs or alterations. Inspectors holding a valid "A" or "B" national qualification or passing a written examination given by the department shall apply on forms provided by the chief inspector.

D. The Virginia valid identification card shall be returned to the chief inspector when the certificate holder is no longer employed by the organization employing him at the time that the certificate was issued or, in the case of a self-employed contract fee inspector, has ceased inspection activities.

E. Each person holding a valid Virginia certificate of competency and who conducts inspections as provided by the Act shall apply to the chief inspector on forms provided by the chief inspector and obtain an identification card biennially, not later than June 30 of the year in which the card is due for renewal. A processing fee of $20 for each card, payable to the Treasurer of Virginia, shall accompany the application.

F. An inspector's certificate of competency may be suspended by the chief inspector after due investigation and recommendation by the commissioner, for incompetence or untrustworthiness of the holder of the certificate, or for willful falsification of any matter or statement contained in his application, or in a report of any inspection made by him. Written notice of any suspension shall be given by the chief inspector to the inspector and his employer. Persons whose certificate of competency has been suspended shall be entitled to an appeal to the board as provided for in the act and to be present in person or to be represented by counsel at the hearing of the appeal.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.6, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Virginia Register Volume 11, Issue 20, eff. August 1, 1995; Volume 15, Issue 5, eff. January 1, 1999 and April 1, 1999.

16VAC25-50-80 Inspectors to have no other interests

Inspectors shall not engage in the sale of any article or device relating to boilers, pressure vessels or their appurtenances. Contract fee inspectors shall not have a direct financial interest in any repairs conducted on boilers, pressure vessels, or their appurtenances which they inspect.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.7, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Virginia Register Volume 15, Issue 5, eff. January 1, 1999.

16VAC25-50-90 Inspection reports to be submitted by special inspectors

A. Special inspectors shall submit first inspection reports to the chief inspector on Form BPV-5 for each boiler and pressure vessel subject to registration and inspection in this Commonwealth.

B. Except as provided in subsection E of this section, subsequent inspections of both standard and nonstandard boilers and pressure vessels shall be reported on Forms NB-6 and NB-7 of the National Board Inspection Code or Commonwealth Form BPV 6-7.

C. Inspection reports, as required in subsections A and B of this section, shall be submitted within 30 days from date of inspection.

D. When hazardous conditions are found in a boiler or pressure vessel which would present an immediate threat to life or property, the owner or user shall immediately take action to correct the hazardous conditions or remove the object from service. The inspector shall notify the office of the chief inspector immediately by telephone followed by a written report. A complete and thorough inspection shall be conducted to evaluate the hazardous conditions and to make recommendations for necessary corrective measures. The boiler or pressure vessel shall not be returned to service until it has been restored to a safe operating condition under the requirements of this chapter.

E. Owner-user inspection agencies may report subsequent inspections of both standard and nonstandard pressure vessels on Form NB-7 or at their option, upon forms approved by the board. The report shall be filed as provided in 16VAC25-50-120.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.8, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Virginia Register Volume 15, Issue 5, eff. January 1, 1999.

16VAC25-50-100 Insurance companies and contract fee inspectors to notify Chief Inspector of contractual changes

All insurance companies shall notify the Chief Inspector, within 30 days, of all boilers or pressure vessels on which insurance is written, cancelled, not renewed, or suspended because of unsafe conditions.

All contract fee inspectors shall notify the Chief Inspector, within 30 days, of all boilers or pressure vessels on which they contract to provide inspection services.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.9, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Virginia Register Volume 11, Issue 20, eff. August 1, 1995.

16VAC25-50-110 Special inspectors to notify Chief Inspector of unsafe boilers and pressure vessels

If, upon inspection, a special inspector finds a boiler or pressure vessel to be unsafe for initial or further operation, he shall promptly notify the owner or user, stating what repairs or other corrective measures are required to bring the object into compliance with this chapter. Unless the owner or user agrees to make the repairs or adopt such other corrective measures promptly, the special inspector shall immediately notify the chief inspector. Until corrections have been made no further operation of the boiler or pressure vessel involved shall be permitted. If an inspection certificate for the object is required and is in force, it shall be suspended by the chief inspector. When necessary repairs have been made or corrective actions have been taken and the boiler or pressure vessel is determined to be safe to operate by the inspector, the chief inspector shall be notified. At that time a certificate of inspection, where applicable, may be issued.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.10, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Virginia Register Volume 11, Issue 20, eff. August 1, 1995.

16VAC25-50-120 Owner-user inspection agency

A. Any person, firm, partnership or corporation operating pressure vessels in this Commonwealth may seek approval and registration as an owner-user inspection agency by filing an application with the chief inspector on forms prescribed and available from the department, and request approval by the board. Each application shall be accompanied by a bond in the penal sum of $5,000 which shall continue to be valid during the time the approval and registration of the company as an owner-user inspection agency is in effect.

B. The application and registration shall show the name of the agency and its principal address in this Commonwealth, and the name and address of the person or persons having supervision over inspections made by the agency. Changes in supervisory personnel shall be reported to the chief inspector within 30 days after any change.

C. Each owner-user inspection agency as required by the provisions of the Act and this chapter shall:

Maintain its own inspection group under the supervision of one or more individuals who have independent authority to effect resolution of technical problems or procedures;
Conduct inspections of boilers or unfired pressure vessels, not exempt by the Act, utilizing only qualified inspection personnel, certified pursuant to 16VAC25-50-50, 16VAC25-50-60 and 16VAC25-50-70; in the case of unfired pressure vessels which are covered by the American Petroleum Institute code API-510, and are in use in the petroleum or chemical process industries, the owner-user inspection agency may, at its option, inspect and maintain such vessels by the API-510 code;
Retain on file at the location where the equipment is inspected a true record or copy of the report of the latest of each inspection signed by the inspector who made the inspection;
Execute and deliver to the owner or user (management) a true report of each inspection together with appropriate requirements or recommendations that result from the inspections;
Promptly notify the chief inspector of any boiler or unfired pressure vessel which does not meet the requirements of safe operating conditions;
Maintain inspection records which will include a list of each boiler or unfired pressure vessel covered by the Act, showing a serial number and an abbreviated description as may be necessary for identification; the date of last inspection of each unit and approximate date for the next inspection, arrived at by applying the appropriate rules to all data available at the time the inspection record is compiled (re: frequency and type of inspection, see 16VAC25-50-30). This inspection record shall be readily available for examination by the chief inspector or his authorized representative during normal business hours; and
File a statement annually, on a date mutually agreed upon, with the chief inspector. This statement shall be signed by the individual having supervision over the inspections made during the period covered. The statement shall include the number of vessels, covered by the Act, inspected during the year and certifying that each inspection was conducted pursuant to the inspection requirements provided for by the Act and in a format acceptable to the chief inspector. The annual statement shall be accompanied by a filing fee in accordance with the schedule in § 40.1-51.11:1 of the Act as follows:

a. For statements covering not more than 25 vessels—$7 per vessel;

b. For statements covering more than 25 vessels but less than 101 vessels—$200;

c. For statements covering more than 100 but less than 501 vessels—$400; and

d. For statements covering more than 500 vessels—$800.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.11, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Virginia Register Volume 15, Issue 5, eff. January 1, 1999.

16VAC25-50-130 Defective conditions disclosed at time of external inspection

If, upon an external inspection, there is evidence of a leak or crack, sufficient covering of the boiler or pressure vessel shall be removed to permit the inspector to satisfactorily determine the safety of the boiler or pressure vessel. If the covering cannot be removed at that time, the inspector may order the operation of the boiler or pressure vessel stopped until the covering can be removed and proper examination made.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.12, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Virginia Register Volume 11, Issue 20, eff. August 1, 1995.

16VAC25-50-140 Owner or user to notify chief inspector of accident

When an accident occurs which renders a boiler or pressure vessel inoperative, the owner or user shall immediately notify the chief inspector, and the authorized inspector shall submit a detailed report of the accident. In case of a serious accident, as in a personal injury or an explosion, notice shall be given immediately by telephone, telegraph, facsimile or messenger, and neither the boiler or pressure vessel, nor any parts of it, shall be removed or disturbed before an inspection has been made by the inspector, except for the purpose of conserving human life and limiting consequential damage.

History

Statutory Authority: §§ 40.1-22 and 40.1-51.5 et seq. of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.13, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993.

16VAC25-50-150 Inspection certificate and inspection fees

A. Upon the inspection and determination that a boiler or pressure vessel is suitable and conforms to this chapter, the owner or user shall remit the payment for an inspection certificate in one of the following forms and amounts for each item required to be inspected under the Act.

Payment of $20 may be sent from the owner or user to the chief inspector by check, credit card or money order. Payment of inspection certificate fees should be made payable to the Treasurer of Virginia; or
Payment may be presented to a special inspector, where the inspector is authorized to collect and forward such fees on the department's behalf. The commissioner may authorize special inspectors to collect and forward to the chief inspector $16 for each inspection certificate. Pursuant to § 40.1-51.10:1 of the Code of Virginia, special inspectors may charge owners or users a fee not exceeding $4.00 for collecting and forwarding inspection certificate fees.

An inspection certificate will not be issued to the owner or user until payment is received by either the department or, if previously authorized, by a special inspector. A fee of $10 will be charged for each reprint of an inspection certificate.

B. The chief inspector may extend an inspection certificate for up to three additional months beyond a two month grace period following the expiration of a certificate. Such extension is subject to a satisfactory external inspection of the boiler or pressure vessel and receipt of a fee of $20 for each month of extension.

C. When the chief inspector determines that no contract fee inspectors are available to inspect a regulated uninsured boiler or pressure vessel in a timely manner, a commonwealth inspector may be directed to conduct a certification inspection. Contract fee inspection service shall be determined unavailable where (i) at least two contract fee inspectors contacted will not agree to provide inspection services to the owner or user within at least 21 days from the request and (ii) the owner's or user's inspection certificate will expire within that same period.

The following rates per inspected object, in addition to inspection certificate fees, shall apply for certification inspections conducted by a commonwealth inspector:

	1. Power boilers and high pressure, high temperature water boilers	$135
	2. Heating boilers	$70
	3. Pressure vessels	$50

D. The review of a manufacturer's or repair organization's facility for the purpose of national accreditation will be performed by the chief inspector or his qualified designee for an additional fee of $1,000 per review or survey.

E. The owner or user who causes a boiler or pressure vessel to be operated without a valid certificate shall be subject to the penalty as provided for in § 40.1-51.12 of the Act.

F. Inspection certificates are not required for unfired pressure vessels inspected by an authorized owner-user inspection agency. However, the agency shall keep on file in its office in the establishment where the equipment is located a true record or copy of the report of the latest of each inspection signed by the inspector who made the inspection.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.14, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; amended, Virginia Register Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 19, eff. July 2, 2003; Volume 29, Issue 5, eff. December 12, 2012.

16VAC25-50-160 Validity of inspection certificate

An inspection certificate, issued in accordance with Part II, 16VAC25-50-150, shall be valid until expiration unless some defect or condition affecting the safety of the boiler or pressure vessel is disclosed. The certificate issued for a boiler or pressure vessel inspected by an inspection agency of an insurance company shall be valid only if the boiler or pressure vessel for which it was issued continues to be insured by an insurance company authorized (licensed) to write boiler and pressure vessel insurance in this Commonwealth.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.15, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Virginia Register Volume 11, Issue 20, eff. August 1, 1995.

16VAC25-50-170 Restamping boilers and pressure vessels

When the stamping on a boiler or pressure vessel becomes indistinct, the inspector shall instruct the owner or user to have it restamped. Request for permission to restamp the boiler or pressure vessel shall be made to the chief inspector and proof of the original stamping shall accompany the request. The chief inspector may grant the authorization. Restamping authorized by the chief inspector shall be done only in the presence of an inspector, and shall be identical with the original stamping, except that it will not be required to restamp the ASME Code Symbol. Notice of completion of restamping shall be filed with the chief inspector by the inspector who witnessed the stamping on the boiler or pressure vessel, together with facsimile of the stamping applied.

History

Statutory Authority: §§ 40.1-22 and 40.1-51.5 et seq. of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.16, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993.

16VAC25-50-180 Penalty for operation of unsafe boilers and pressure vessels

If, upon inspection, a boiler or pressure vessel is found to be unsafe to operate, the inspector shall notify the chief inspector as required in Part II, 16VAC25-50-110, and the inspection certificate shall be suspended by the chief inspector. Any person, firm, partnership or corporation causing a boiler or pressure vessel to continue to be operated shall be subject to the penalty provided in the Act.

History

Statutory Authority: §§ 40.1-22 and 40.1-51.5 et seq. of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.17, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993.

16VAC25-50-190 Condemned boilers and pressure vessels

A. Any boiler or pressure vessel having been inspected and declared unsafe by the chief inspector or commonwealth inspector shall be stamped by the inspector with the letters "XXX" on both sides of the postal abbreviation of this Commonwealth, as shown by the following facsimile, which will designate a condemned boiler or pressure vessel:

XXX VA XXX

B. Any person, firm, partnership, or corporation using or offering for sale a condemned boiler or pressure vessel for operation within this Commonwealth shall be subject to the penalties provided by the Act.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.18, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Virginia Register Volume 15, Issue 5, eff. January 1, 1999.

16VAC25-50-200 Reinstallation of standard boilers or pressure vessels

If a standard boiler or pressure vessel located in this Commonwealth is to be moved to another location for temporary use or repair, application shall be made by the owner or user to the chief inspector for permission to reinstall the boiler or pressure vessel.

History

Statutory Authority: §§ 40.1-22 and 40.1-51.5 et seq. of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.19, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993.

16VAC25-50-210 Installation or reinstallation of nonstandard boilers or pressure vessels

A. Installation and operation of nonstandard boilers and pressure vessels in the Commonwealth is prohibited without permission from the commissioner.

B. A nonstandard boiler or pressure vessel which is moved outside the boundaries of the Commonwealth cannot be reinstalled in the Commonwealth without the owner or user securing permission from the commissioner.

History

Statutory Authority: §§ 40.1-22 and 40.1-51.5 et seq. of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.20, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993.

16VAC25-50-220 Installation of used or secondhand boilers or pressure vessels

Before a used or secondhand boiler or pressure vessel can be shipped for the purpose of installation in this Commonwealth, an inspection must be made by an inspector qualified by an examination equal to that required by this Commonwealth or by an inspector holding a valid National Board commission. Data submitted by the inspector shall be filed by the owner or user of the boiler or pressure vessel with the chief inspector for his approval. Boilers and pressure vessels when installed in this Commonwealth shall be equipped with fittings and appliances that comply with this chapter for new installations.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.21, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Virginia Register Volume 11, Issue 20, eff. August 1, 1995.

16VAC25-50-230 Reinstalled boiler or pressure vessel

When a boiler or pressure vessel is moved and reinstalled, the attached fittings and appliances shall comply with this chapter for new installations.

History

Statutory Authority: §§ 40.1-22 and 40.1-51.5 et seq. of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.22, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993.

16VAC25-50-240 Factor of safety for existing installations

Any inspector may increase the factor of safety on any existing installation if the condition of the boiler or pressure vessel warrants it. If the owner or user does not concur with the inspector's decision, the owner or user may appeal to the commissioner who may request a joint inspection by the chief inspector or the commonwealth inspector and the special inspector. The chief inspector shall make a report to the commissioner and the commissioner shall make the final decision, based upon the data contained in the inspector's reports. The decision of the commissioner may be appealed to the board pursuant to § 40.1-51.16 of the Code of Virginia.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.23, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Virginia Register Volume 11, Issue 20, eff. August 1, 1995; Volume 15, Issue 5, eff. January 1, 1999.

16VAC25-50-250 Repairs or alterations

When repairs or alterations are to be made, permission shall be obtained from an inspector with an appropriate endorsement, and the repairs shall be done in accordance with the National Board Inspection Code and this chapter.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.24, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Virginia Register Volume 15, Issue 5, eff. April 1, 1999.

16VAC25-50-260 Removal of safety appliances

A. No person shall attempt to remove or do any work on any safety appliance prescribed by this chapter while a boiler or pressure vessel is in operation, except as provided in applicable sections of the current edition of the ASME Code. Should any of these appliances be removed for repair during an outage of a boiler or pressure vessel, they must be reinstalled and in proper working order before the object is again placed in service.

B. No person shall load the safety valve or valves in any manner to maintain a working pressure in excess of that stated on the inspection certificate.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.25, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Volume 35, Issue 2, eff. November 1, 2018.

16VAC25-50-270 Review fees

Reviews and emergency inspections other than certificate inspections conducted by the chief inspector or commonwealth inspectors, including but not limited to consultations, data reviews, engineering evaluations, or quality control reviews, shall be billed at the following rates:

	1. For one-half day of four hours	$100 plus expenses, including travel and lodging
	2. For one full day of eight hours	$200 plus expenses, including travel and lodging

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.26, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Virginia Register Volume 11, Issue 20, eff. August 1, 1995; Volume 15, Issue 5, eff. January 1, 1999.

16VAC25-50-280 Requirements for new installations

A. No boiler or pressure vessel shall be installed in this Commonwealth unless it has been constructed, inspected and stamped as provided in Part II, 16VAC25-50-20 except:

Those exempt by the Act;
Those outlined in Part II, 16VAC25-50-20 D; and
Those existing boilers and pressure vessels that are to be reinstalled.

B. All new boiler and pressure vessel installations, including reinstalled and secondhand boilers and pressure vessels, shall be installed in accordance with the requirements of the current edition of the ASME Code and this chapter.

C. A boiler or pressure vessel constructed equivalent to ASME Code standards, or having the standard stamping of another state that has adopted a standard of construction equivalent to the standard of this Commonwealth, may be accepted by the chief inspector. The person desiring to install the boiler or pressure vessel shall make application for the installation prior to construction and shall file the Manufacturers' Data Report for the boiler or pressure vessel with the chief inspector following construction and prior to installation.

D. The stamping shall not be concealed by insulation or paint and shall be exposed at all times unless a suitable record is kept of the location of the stamping so that it may be readily uncovered at any time this may be desired.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.27, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Volume 35, Issue 2, eff. November 1, 2018.

16VAC25-50-290 Application of Commonwealth serial numbers

A. Upon completion of the installation of a new boiler or pressure vessel or at the time of the initial certificate inspection of an existing installation each boiler or pressure vessel shall be stamped with a serial number of the Commonwealth, consisting of the postal abbreviation for the Commonwealth and a unique series of numbers not less than 3/16-inch in height and arranged as follows:

VA 0000

B. All cast iron, low-pressure heating boilers shall have securely attached to the front of the boiler a metallic tag of not less than one inch in height, which shall have the serial number of the Commonwealth stamped on it.

C. All pressure vessels constructed of cast iron, or of a material of such thickness or type that it should not be stamped, shall have securely attached a metallic tag not less than one inch in height, which shall have the serial number of the Commonwealth stamped on it.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.28, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Virginia Register Volume 15, Issue 5, eff. January 1, 1999.

16VAC25-50-300 Return loop connection

The return water connections to all low-pressure, steam heating boilers supplying a gravity return heating system shall be arranged to form a loop so that the water cannot be forced out of the boiler below the safe water level. This connection, known as a "return pipe loop connection," is shown in the current edition of the ASME Code, Section IV.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.29, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Volume 35, Issue 2, eff. November 1, 2018.

16VAC25-50-310 Ladders, platforms, and runways

Where valves and other appurtenances require frequent manipulation and are located so that they cannot be reached or operated from the floor, a platform or other safe means of operation shall be provided. If a platform or runway is used it shall be at least 24 inches wide and be provided with standard handrails and toeboards and have at least seven feet six inches head room. All runways shall have at least two means of exit, each exit to be remotely located from the other and connected to a permanent stairway or inclined ladder leading to the floor level, or an alternate means of escape or exit as may be practical for the specific installation.

History

Statutory Authority: §§ 40.1-22 and 40.1-51.5 et seq. of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.30, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993.

16VAC25-50-320 Exit from boiler room

All boiler rooms exceeding 500 square feet floor area and containing one or more boilers having a fuel burning capacity of 1,000,000 BTU per hour, or equivalent electrical heat input, shall have at least two means of exit. Each exit shall be remotely located from the other. Each elevation in a boiler room shall have two means of exit, each remotely located from the other.

History

Statutory Authority: §§ 40.1-22 and 40.1-51.5 et seq. of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.31, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993.

16VAC25-50-330 Operation

The current edition of the ASME Code, Section VII, Recommended Rules for Care of Power Boilers, and the current edition of the ASME Code, Section VI, Recommended Rules for Care of Heating Boilers, shall be used as a guide for proper and safe operating practices.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.32, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Volume 35, Issue 2, eff. November 1, 2018.

16VAC25-50-340 Burner controls and safety devices

Fired burner installations shall conform to the requirements of the following nationally recognized standards: the American Gas Association, Underwriters Laboratories, Part CG (General), Part CW (Steam and Waterside Control) of ANSI/ASME-CSD-1 or National Fire Protection Association (NFPA) No. 85 series as applicable.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.33, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Virginia Register Volume 19, Issue 19, eff. July 2, 2003.

16VAC25-50-350 Repairs and renewals of boiler fittings and appliances

Whenever repairs are made to fittings or appliances or it becomes necessary to replace them, the repairs or replacements shall comply with the requirements of the ASME Code or the National Board Inspection Code.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 2.34, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Virginia Register Volume 15, Issue 5, eff. January 1, 1999.

Part III Existing Installations

16VAC25-50-360 Power and high-pressure, high-temperature water boilers

A. Age limit of existing boilers.

The age limit of any boiler of nonstandard construction, installed before July 1, 1974, other than one having a riveted, longitudinal lap joint, shall be 30 years; however, any boiler passing a thorough internal and external inspection and not displaying any leakage or distress under a hydrostatic pressure test of 1-1/2 times the allowable working pressure held for at least 30 minutes may be continued in operation without reduction in working pressure. The age limit of any boiler having riveted, longitudinal lap joints and operating at a pressure in excess of 50 psig shall be 20 years. This type of boiler, when removed from an existing setting, shall not be reinstalled for a pressure in excess of 15 psig. A reasonable time for replacement, not to exceed one year, may be given at the discretion of the chief inspector.
The shell or drum of a boiler in which a typical lap seam crack is discovered along a longitudinal riveted joint for either butt or lap joints shall be permanently removed from service.
The age limit of boilers of standard construction, installed before July 1, 1974, shall be determined from the results of a thorough internal and external inspection by an authorized inspector and the application of an appropriate pressure test. Hydrostatic test pressure shall be 1-1/2 times the allowable working pressure and maintained for 30 minutes. The boiler may be continued in service at the same working pressure provided there is no evidence of leakage or distress under these test conditions.
The minimum temperature of the water used for the hydrostatic test of low-pressure boilers and pressure vessels shall be 60°F. The minimum temperature of the water used for the hydrostatic test of power boilers shall be 70°F or ambient whichever is greater.

B. The maximum allowable working pressure for standard boilers shall be determined in accordance with the applicable provisions of the edition of the ASME Code under which they were constructed and stamped.

C. 1. The maximum allowable working pressure on the shell of a nonstandard boiler shall be determined by the strength of the weakest section of the structure, computed from the thickness of the plate, the tensile strength of the plate, the efficiency of the longitudinal joint or tube ligaments, the inside diameter of the weakest course and the factor of safety allowed by this chapter.

	TStE	=	Maximum allowable working pressure, psi
	RFS

where:

TS = ultimate tensile strength of shell plates, psi.

t = minimum thickness of shell plate, in weakest course, inches.

E = efficiency of longitudinal joint:

For tube ligaments, E shall be determined by the rules in the ASME Code, Section I.

For riveted joints, E shall be determined by the rules in the applicable edition of the ASME Code.

For seamless construction, E shall be considered 100%.

R = inside radius of the weakest course of the shell, in inches.

FS = factor of safety permitted.

Tensile strength. When the tensile strength of steel or wrought iron shell plates is not known, it shall be taken as 55,000 psi.
Crushing strength of mild steel. The resistance to crushing of mild steel shall be taken at 95,000 psi of cross-sectional area.
Strength of rivets in shear. When computing the ultimate strength of rivets in shear, the following values, in pounds per square inch, of the cross-sectional area of the rivet shank shall be used.

		PSI
	Iron rivets in single shear	38,000
	Iron rivets in double shear	76,000
	Steel rivets in single shear	44,000
	Steel rivets in double shear	88,000

When the diameter of the rivet holes in the longitudinal joints of a boiler is not known, the diameter and cross-sectional area of rivets, after driving, may be selected from Table 1, or as ascertained by cutting out one rivet in the body of the joint.

	TABLE 1 SIZES OF RIVETS BASED ON PLATE THICKNESS (in inches)
	Plate of Thickness	Rivet Diameter after Driving
	1/4	11/16
	9/32	11/16
	5/16	3/4
	11/32	3/4
	3/8	13/16
	13/32	13/16
	7/16	15/16
	15/32	15/16
	1/2	15/16
	9/16	1-1/16
	5/8	1-1/16

Factors of safety. The following factors of safety shall be increased by the inspector if the condition and safety of the boiler demand it:

a. The lowest factor of safety permissible on existing installations shall be 4.5 for vessels built prior to January 1, 1999. For vessels built on or after January 1, 1999, the factor of safety may be 4.0. Horizontal-return-tubular boilers having continuous longitudinal lap seams more than 12 feet in length shall have a factor of safety of eight. When this type of boiler is removed from its existing setting, it shall not be reinstalled for pressures in excess of 15 psig.

b. Reinstalled or secondhand boilers shall have a minimum factor of safety of six when the longitudinal seams are of lap-riveted construction, and a minimum factor of safety of five when the longitudinal seams are of butt-strap and double-strap construction.

D. Cast-iron headers and mud drums. The maximum allowable working pressure on a water tube boiler, the tubes of which are secured to cast iron or malleable-iron headers, or which have cast iron mud drums, shall not exceed 160 psig.

E. Pressure on cast iron boilers. The maximum allowable working pressure for any cast iron boiler, except hot water boilers, shall be 15 psig.

F. Safety valves.

The use of weighted-lever safety valves, or safety valves having either the seat or disk of cast iron, shall be prohibited. Valves of this type shall be replaced by direct, spring-loaded, pop-type valves that conform to the requirements of the current edition of the ASME Code, Section I.
Each boiler shall have at least one safety valve, and, if it has more than 500 square feet of water-heating surface or an electric power input of more than 500 kilowatts, it shall have two or more safety valves.
The valve or valves shall be connected to the boiler, independent of any other steam connection, and attached as close as possible to the boiler without unnecessary intervening pipe or fittings. Where alteration is required to conform to this requirement, the chief inspector shall allow the owner or user reasonable time in which to complete the work.
No valves of any description shall be placed between the safety valve and the boiler nor on the escape pipe, if used, between the safety valve and the atmosphere, except as provided by applicable sections of the current edition of the ASME Code. When an escape pipe is used, it shall be at least full size of the safety-valve discharge and fitted with an open drain to prevent water lodging in the upper part of the safety valve or escape pipe. When an elbow is placed on a safety valve escape pipe, it shall be located close to the safety-valve outlet or the escape pipe shall be anchored and supported securely. All safety valve discharges shall be located or piped as not to endanger persons working in the area.
The safety-valve capacity of each boiler shall be so that the safety valve or valves will discharge all the steam that can be generated by the boiler without allowing the pressure to rise more than 6.0% above the highest pressure to which any valve is set, and in no case to more than 6.0% above the maximum allowable working pressure.
One or more safety valves on every boiler shall be set at or below the maximum allowable working pressure. The remaining valves may be set within a range of 3.0% above the maximum allowable working pressure, but the range of setting of all the safety valves on a boiler shall not exceed 10% of the highest pressure to which any valve is set.
When two or more boilers, operating at different pressures and safety valve settings, are interconnected, the lower pressure boilers or interconnected piping shall be equipped with safety valves of sufficient capacity to prevent overpressure, considering the maximum generating capacity of all boilers.
In those cases where the boiler is supplied with feedwater directly from water mains without the use of feeding apparatus (not to include return traps), no safety valve shall be set at a pressure higher than 94% of the lowest pressure obtained in the supply main feeding the boiler.
The relieving capacity of the safety valves on any boiler shall be checked by one of the three following methods and, if found to be insufficient, additional valves shall be provided:

a. By making an accumulation test, which consists of shutting off all other steam-discharge outlets from the boiler and forcing the fires to the maximum. The safety-valve capacity shall be sufficient to prevent a rise of pressure in excess of 6.0% of the maximum allowable working pressure. This method shall not be used on a boiler with a superheater or reheater.

b. By measuring the maximum amount of fuel that can be burned and computing the corresponding evaporative capacity (steam-generating capacity) upon the basis of the heating value of this fuel. These computations shall be made as outlined in the appendix of the current edition of the ASME Code, Section I.

c. By measuring the maximum amount of feedwater that can be evaporated.

When either of the methods (b or c) outlined in this subdivision is employed, the sum of the safety-valve capacities shall be equal to or greater than the maximum evaporative capacity (maximum steam-generating capacity) of the boiler.

The relieving capacity of safety valves for forced-flow steam generators shall be in accordance with the requirements of the current edition of the ASME Code, Section I.
Safety valves and safety relief valves requiring repair shall be replaced with a new valve or repaired by the original manufacturer, its authorized representative or the holder of a "VR" Stamp.

G. Boiler feeding.

Each boiler shall have a feed supply that will permit it to be fed at any time while under pressure.
A boiler having more than 500 square feet of water-heating surface shall have at least two means of feeding, one of which shall be an approved feed pump or injector. A source of feed directly from water mains at a pressure 6.0% greater than the set pressure of the safety valve with the highest setting may be considered one of the means. As provided in the current edition of the ASME Code, Section I, boilers fired by gaseous, liquid or solid fuel in suspension may be equipped with a single means of feeding water provided means are furnished for the immediate shutoff of heat input if the water feed is interrupted.
The feedwater shall be introduced into the boiler in a manner so that it will not be discharged close to riveted joints of shell or furnace sheets, or directly against surfaces exposed to products of combustion, or to direct radiation from the fire.
The feed piping to the boiler shall be provided with a check valve near the boiler and a valve or cock between the check valve and the boiler. When two or more boilers are fed from a common source, there shall also be a valve on the branch to each boiler between the check valve and source of supply. Whenever a globe valve is used on feed piping, the inlet shall be under the disk of the valve.
In all cases where returns are fed back to the boiler by gravity, there shall be a check valve and stop valve in each return line, the stop valve to be placed between the boiler and the check valve, and both shall be located as close to the boiler as is practicable. No stop valves shall be placed in the supply and return pipe connections of a single boiler installation.
Where deaerating heaters are not employed, the temperature of the feedwater shall not be less than 120°F to avoid the possibility of setting up localized stress. Where deaerating heaters are employed, the minimum feedwater temperature shall not be less than 215°F so that dissolved gases may be thoroughly released.

H. Water level indicators.

Each boiler shall have at least one water gauge glass installed and located so that the lowest visible part of the water glass shall be at least two inches above the lowest permissible water level, at which level there will be no danger of overheating any part of the boiler when in operation at that level; except as provided by the current edition of the ASME Code.
No outlet connections (except for damper regulator, feedwater regulator, low-water fuel cutout, drain, steam gauges, or such apparatus that does not permit the escape of an appreciable amount of steam or water from it) shall be placed on the piping that connects the water column to the boiler. The water column shall be provided with a valved drain of at least 3/4 inch pipe size; the drain is to be piped to a safe location.
When the direct reading of gauge glass water level is not readily visible to the operator in his working area dependable indirect indications shall be provided utilizing remote level indicators or equipment to transmit the gauge glass image. When remote level indication is provided for the operator instead of the gauge glass, the minimum level reference shall be clearly marked.

I. Steam gauges.

Each steam boiler shall have a steam gauge, with dial range not less than 1-1/2 times the maximum allowable working pressure, connected to the steam space or to the steam connection to the water column. The steam gauge shall be connected to a siphon or equivalent device of sufficient capacity to keep the gauge tube filled with water and arranged so that the gauge cannot be shut off from the boiler except by a cock with a tee or lever handle placed in the pipe near the gauge. The handle of the cock shall be parallel to the pipe in which it is located when the cock is open.
When a steam gauge connection longer than eight feet becomes necessary, a shutoff valve may be used near the boiler provided the valve is of the outside-screw-and-yoke type and is locked open. The line shall be of ample size with provision for free blowing.
Each boiler shall be provided with a test gauge connection and suitable valving for the exclusive purpose of attaching a test gauge so that the accuracy of the boiler steam gauge may be ascertained while the boiler is in operation.

J. Stop valves.

Except for a single-boiler, prime-mover installation, each steam outlet from a boiler (except safety valve and water column connections) shall be fitted with a stop valve located as close as practicable to the boiler.
In a single-boiler, prime-mover installation the steam stop valve may be omitted provided the prime-mover throttle valve is equipped with an indicator to show whether the valve is open or closed and is designed to withstand the required hydrostatic pressure test of the boiler.
When a stop valve is so located that water can accumulate, ample drains shall be provided. The drainage shall be piped to a safe location and shall not be discharged on the top of the boiler or its setting.
When boilers provided with manholes are connected to a common steam main, the steam connection from each boiler shall be fitted with two stop valves having an ample free-blow drain between them. The discharge of the drain shall be visible to the operator and shall be piped clear of the boiler setting. The stop valves shall consist preferably of one automatic nonreturn valve (set next to the boiler) and a second valve of the outside-screw-and-yoke type.

K. Blowoff connection.

The construction of the setting around each blowoff pipe shall permit free expansion and contraction. Careful attention shall be given to the problem of sealing these setting openings without restricting the movement of the blowoff piping.
All blowoff piping, when exposed to furnace heat, shall be protected by firebrick or other heat-resisting material constructed so that the piping may be inspected.
Each boiler shall have a blowoff pipe, fitted with a valve or cock, in direct connection with the lowest water space. Cocks shall be of the gland or guard type and suitable for the pressure allowed. The use of globe valves shall not be permitted. Where the maximum allowable working pressure exceeds 100 psig, each blowoff pipe shall be provided with two valves or a valve and cock; however only one valve need be provided for forced-flow steam generators with no fixed steam and waterline, high-temperature water boilers, and those used for traction or portable purposes with less than 100 gallons normal water content.
Blowoff piping shall comply with the requirements of the current edition of the ASME Code, Section I and ASME B31.1, from the boiler to the valve or valves, and shall be run full size without use of reducers or bushings. All piping shall be steel. Galvanized steel pipe and fittings shall not be used for blowoff piping.
All fittings between the boiler and blowoff valve shall be of steel. In case of renewal of blowoff pipe or fittings, they shall be installed in accordance with this chapter for new installations.

L. Repairs and renewals of boiler fittings and appliances. Whenever repairs are made to fittings or appliances or it becomes necessary to replace them, such repairs or replacements shall comply with the requirements for new installations.

M. Each automatically fired steam boiler or system of commonly connected steam boilers shall have at least one steam pressure control device that will shut off the fuel supply to each boiler or system of commonly connected boilers when the steam pressure reaches a preset maximum operating pressure. In addition, each individual automatically fired steam boiler shall have a high steam pressure limit control that will prevent generation of steam pressure in excess of the maximum allowable working pressure.

N. Conditions not covered by this chapter. All cases not specifically covered by this chapter shall be treated as new installations pursuant to 16VAC25-50-280 or may be referred to the chief inspector for instructions concerning the requirements.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 3.1, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; amended, Virginia Register Volume 15, Issue 5, eff. January 1, 1999 and April 1, 1999; Volume 29, Issue 5, eff. December 12, 2012; Volume 35, Issue 2, eff. November 1, 2018.

16VAC25-50-370 Heating boilers

A. Standard boilers. The maximum allowable working pressure of standard boilers shall in no case exceed the pressure indicated by the manufacturer's identification stamped or cast on the boiler or on a plate secured to it.

B. Nonstandard riveted boilers. The maximum allowable working pressure on the shell of a nonstandard riveted heating boiler shall be determined in accordance with 16VAC25-50-360 C covering existing installations, power boilers, except that in no case shall the maximum allowable working pressure of a steam heating boiler exceed 15 psig, or a hot water boiler exceed 160 psig or 250°F temperature.

C. Nonstandard welded boilers. The maximum allowable working pressure of a nonstandard steel or wrought iron heating boiler of welded construction shall not exceed 15 psig for steam. For other than steam service, the maximum allowable working pressure shall be calculated in accordance with the ASME Code, Section IV.

D. Nonstandard cast iron boilers.

The maximum allowable working pressure of a nonstandard boiler composed principally of cast iron shall not exceed 15 psig for steam service or 30 psig for hot water service.
The maximum allowable working pressure of a nonstandard boiler having cast iron shell or heads and steel or wrought iron tubes shall not exceed 15 psig for steam service or 30 psig for hot water service.

E. Safety valves.

Each steam boiler must have one or more officially rated (ASME Code stamped and National Board rated) safety valves of the spring pop type adjusted to discharge at a pressure not to exceed 15 psig. Seals shall be attached in a manner to prevent the valve from being taken apart without breaking the seal. The safety valves shall be arranged so that they cannot be reset to relieve at a higher pressure than the maximum allowable working pressure of the boiler. A body drain connection below seat level shall be provided by the manufacturer, and this drain shall not be plugged during or after field installation. For valves exceeding two inch pipe size, the drain hole or holes shall be tapped not less than 3/8 inch pipe size. For valves less than two inches, the drain hole shall not be less than 1/4 inch in diameter.
No safety valve for a steam boiler shall be smaller than 3/4 inch unless the boiler and radiating surfaces consist of a self-contained unit. No safety valve shall be larger than 4-1/2 inches. The inlet opening shall have an inside diameter equal to, or greater than, the seat diameter.
The minimum relieving capacity of the valve or valves shall be governed by the capacity marking on the boiler.
The minimum valve capacity in pounds per hour shall be the greater of that determined by dividing the maximum BTU output at the boiler nozzle obtained by the firing of any fuel for which the unit is installed by 1,000 or shall be determined on the basis of the pounds of steam generated per hour per square foot of boiler heating surface as given in Table 2. When operating conditions require it a greater relieving capacity shall be provided. In every case, the requirements of subdivision 5 of this subsection shall be met.

TABLE 2 Minimum Pounds of Steam Per Hour Per Square Foot of Heating Surface
	Fire Tube Boilers	Water Tube Boilers
Boiler Heating Surface:
Hand fired	5	6
Stoker fired	7	8
Oil, gas, or pulverized fuel fired	8	10
Waterwall Heating Surface:
Hand fired	8	8
Stoker fired	10	12
Oil, gas, or pulverized fuel fired	14	16
NOTES: When a boiler is fired only by a gas giving a heat value of not in excess of 200 BTU per cubic foot, the minimum safety valve or safety relief valve relieving capacity may be based on the value given for handfired boilers in Table 2. The minimum safety valve or safety relief valve relieving capacity for electric boilers shall be 3-1/2 pounds per hour per kilowatt input. For heating surface determination, see the current edition of the ASME Code, Section IV.

The safety valve capacity for each steam boiler shall be such that with the fuel burning equipment operating at maximum capacity, the pressure cannot rise more than five psig above the maximum allowable working pressure.
When operating conditions are changed, or additional boiler surface is installed, the valve capacity shall be increased, if necessary, to meet the new conditions and be in accordance with subdivisions 4 and 5 of this subsection. When additional valves are required, they may be installed on the outlet piping provided there is no intervening valve.
If there is any doubt as to the capacity of the safety valve, an accumulation test shall be run (see the current edition of the ASME Code, Section VI).
No valve of any description shall be placed between the safety valve and the boiler, nor on the discharge pipe between the safety valve and the atmosphere. The discharge pipe shall be at least full size and be fitted with an open drain to prevent water lodging in the upper part of the safety valve or in the discharge pipe. When an elbow is placed on the safety valve discharge pipe, it shall be located close to the safety valve outlet, or the discharge pipe shall be securely anchored and supported. All safety valve discharges shall be so located or piped as not to endanger persons working in the area.

F. Safety relief valve requirements for hot water boilers.

Each hot water boiler shall have one or more officially rated (ASME Code stamped and National Board rated) safety relief valves set to relieve at or below the maximum allowable working pressure of the boiler. Safety relief valves officially rated as to capacity shall have pop action when tested by steam. When more than one safety relief valve is used on hot water boilers, the additional valve or valves shall be officially rated and shall be set within a range not to exceed six psig above the maximum allowable working pressure of the boiler up to and including 60 psig and 5.0% for those having a maximum allowable working pressure exceeding 60 psig. Safety relief valves shall be spring loaded. Safety relief valves shall be so arranged that they cannot be reset at a higher pressure than the maximum permitted by this paragraph.
No materials liable to fail due to deterioration or vulcanization when subject to saturated steam temperature corresponding to capacity test pressure shall be used for any part.
No safety relief valve shall be smaller than 3/4 inch nor larger than 4-1/2 inches standard pipe size, except that boilers having a heat input not greater than 15,000 BTU per hour may be equipped with a safety relief valve of 1/2 inch standard pipe size. The inlet opening shall have an inside diameter approximately equal to, or greater than, the seat diameter. In no case shall the minimum opening through any part of the valve be less than 1/2 inch diameter or its equivalent area.
The required steam relieving capacity, in pounds per hour, of the pressure relieving device or devices on a boiler shall be the greater of that determined by dividing the maximum output in BTU at the boiler outlet obtained by the firing of any fuel for which the unit is installed by 1,000, or on the basis of pounds of steam generated per hour per square foot of boiler heating surface as given in Table 2. When necessary a greater relieving capacity of valves shall be provided. In every case, the requirements of subdivision F 6 of this section shall be met.
When operating conditions are changed, or additional boiler heating surface is installed, the valve capacity shall be increased, if necessary, to meet the new conditions and shall be in accordance with subdivision F 6 of this section. The additional valves required, on account of changed conditions, may be installed on the outlet piping provided there is no intervening valve.
Safety relief valve capacity for each boiler shall be so that, with the fuel burning equipment installed and operated at maximum capacity the pressure cannot rise more than six psig above the maximum allowable working pressure for pressure up to and including 60 psig and 5.0% of maximum allowable working pressures over 60 psig.
If there is any doubt as to the capacity of the safety relief valve, an accumulation test shall be run (see the current edition of the ASME Code, Section VI).
No valve of any description shall be placed between the safety relief valve and the boiler, nor on the discharge pipe between the safety relief valve and the atmosphere. The discharge pipe shall be at least full size and fitted with an open drain to prevent water lodging in the upper part of the safety relief valve or in the discharge pipe. When an elbow is placed on the safety relief valve discharge pipe, it shall be located close to the safety relief valve outlet or the discharge pipe shall be securely anchored and supported. All safety relief valve discharges shall be so located or piped as not to endanger persons working in the area.

G. Valve replacement and repair. Safety valves and safety relief valves requiring repair shall be replaced with a new valve or repaired by the original manufacturer, its authorized representative, or the holder of a "VR" Stamp.

H. Pressure relieving devices. Boilers and fired storage water heaters except those exempted by the Act shall be equipped with pressure relieving devices in accordance with the requirements of the current edition of the of the ASME Code, Section IV.

I. Instruments, fittings and control requirements. Instruments, fittings and controls for each boiler installation shall comply with the requirements of the current edition of the ASME Code, Section IV.

J. Low water fuel cutoff.

Each automatically fired hot water heating boiler with heat input greater than 400,000 BTUs per hour shall have an automatic low water fuel cutoff that has been designed for hot water service, located so as to stop the fuel supply automatically when the surface of the water falls to the level established in subdivision 2 of this subsection (also see ASME Code, Section IV).
As there is no normal waterline to be maintained in a hot water heating boiler, any location of the low water fuel cutoff above the lowest safe permissible water level established by the boiler manufacturer is satisfactory.
A coil type boiler or a water tube boiler with heat input greater than 400,000 BTUs per hour requiring forced circulation, to prevent overheating of the coils or tubes, shall have a flow sensing device installed in the outlet piping, instead of the low water fuel cutoff required in subdivision 1 of this subsection to stop the fuel supply automatically when the circulating flow is interrupted.

K. Steam gauges.

Each steam boiler shall have a steam gauge connected to its steam space, its water column, or its steam connection, by means of a siphon or equivalent device exterior to the boiler. The siphon shall be of sufficient capacity to keep the gauge tube filled with water and arranged so that the gauge cannot be shut off from the boiler except by a cock.
The range of the scale on the dial of a steam boiler pressure gauge shall be not less than 30 psig nor more than 60 psig. The gauge shall be provided with effective stops for the indicating pointer at the zero point and at the maximum pressure point. The travel of the pointer from zero to full scale 30 psig shall be at least three inches.

L. Pressure or altitude gauges.

Each hot water boiler shall have a pressure or altitude gauge connected to it or to its flow connection in a manner so that it cannot be shut off from the boiler except by a cock with tee or lever handle placed on the pipe near the gauge. The handle of the cock shall be parallel to the pipe in which it is located when the cock is open.
The range of the scale on the dial of the pressure or altitude gauge shall be not less than 1-1/2 times nor more than three times the maximum allowable working pressure. The gauge shall be provided with effective stops for the indicating pointer at the zero point and at the maximum pressure point.
Piping or tubing for pressure or altitude gauge connections shall be of nonferrous metal when smaller than one inch pipe size.

M. Thermometers. Each hot water boiler shall have a thermometer located and connected so that it shall be easily readable when observing the water pressure or altitude gauge. The thermometer shall be located so that it will at all times indicate the temperature in degrees Fahrenheit of the water in the boiler at or near the outlet.

N. Water gauge glasses.

Each steam boiler shall have one or more water gauge glasses attached to the water column or boiler by means of valved fittings. The lower fitting shall be provided with a drain valve of the straightaway type with opening not less than 1/4 inch diameter to facilitate cleaning. Gauge glass replacement shall be possible while the boiler is under pressure.
Transparent material, other than glass, may be used for the water gauge provided that the material has proved suitable for the pressure, temperature and corrosive conditions encountered in service.

O. Stop valves and check valves.

If a boiler can be closed off from the heating system by closing a steam stop valve, there shall be a check valve in the condensate return line between the boiler and the system.
If any part of a heating system can be closed off from the remainder of the system by closing a steam stop valve, there shall be a check valve in the condensate return pipe from that part of the system.

P. Feedwater connections.

Feedwater, make-up water, or water treatment shall be introduced into a boiler through the return piping system or through an independent feedwater connection that does not discharge against parts of the boiler exposed to direct radiant heat from the fire. Feedwater, make-up water, or water treatment shall not be introduced through openings or connections provided for inspection or cleaning, safety valve, safety relief valve, surface blowoff, water column, water gauge glass, pressure gauge or temperature gauge.
Feedwater piping shall be provided with a check valve near the boiler and a stop valve or cock between the check valve and the boiler or return pipe system.

Q. Return pump. Each boiler equipped with a condensate return pump, where practicable, shall be provided with a water level control arranged to maintain the water level in the boiler automatically within the range of the gauge glass.

R. Repairs and renewals of boiler fittings and appliances. Whenever repairs are made to fittings or appliances, or it becomes necessary to replace them, the repairs or replacements shall comply with the requirements for new installations.

S. Conditions not covered by this chapter. Any case not specifically covered by this chapter shall be treated as a new boiler or pressure vessel installation pursuant to 16VAC25-50-280 or may be referred to the chief inspector for instructions concerning the requirements.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 3.2, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Virginia Register Volume 15, Issue 5, eff. January 1, 1999 and April 1, 1999; Volume 35, Issue 2, eff. November 1, 2018.

16VAC25-50-380 Pressure vessels

A. Maximum allowable working pressure for standard pressure vessels. The maximum allowable working pressure for standard pressure vessels shall be determined in accordance with the applicable provisions of the edition of the ASME Code or API-ASME code under which they were constructed and stamped. The maximum allowable working pressure shall not be increased to a greater pressure than shown on the manufacturers nameplate stamping and data report.

B. Maximum allowable working pressure for nonstandard pressure vessels.

For internal pressure. The maximum allowable working pressure on the shell of a nonstandard pressure vessel shall be determined by the strength of the weakest course computed from the thickness of the plate, the tensile strength of the plate, the efficiency of the longitudinal joint, the inside diameter of the weakest course and the factor set by this chapter.

	TStE	=	maximum allowable working pressure, psi
	RFS

where:

TS = ultimate tensile strength of shell plate, psi. When the tensile strength of the steel plate is not known, it shall be taken as 55,000 psi for temperatures not exceeding 700°F.

t = minimum thickness of shell plate of weakest course, inches.

E = efficiency of longitudinal joint depending upon construction. Use the following values:

For riveted joints -- calculated riveted efficiency; and

For fusion-welded joints:

	Single lap weld	40%
	Double lap weld	50%
	Single butt weld	60%
	Double butt weld	70%
	Forge weld	70%
	Brazed steel	80%

R = inside radius of weakest course of shell, inches, provided the thickness does not exceed 10% of the radius. If the thickness is over 10% of the radius, the outer radius shall be used.

FS = factor of safety allowed by this chapter.

For external pressure. The maximum allowable working pressure for cylindrical nonstandard pressure vessels subjected to external or collapsing pressure shall be determined by the rules in the ASME Code, Section VIII, Division 1.
Factors of safety. The minimum factor of safety shall in no case be less than 3.5 for vessels built on or after January 1, 1999. For vessels built prior to January 1, 1999, the minimum factor of safety shall in no case be less than 4.0. The factor of safety may be increased when deemed necessary by the inspector to insure the operation of the vessel within safe limits. The condition of the vessel and the particular service of which it is subject will be the determining factors.
The maximum allowable working pressure permitted for formed heads under pressure shall be determined by using the appropriate formulas from the ASME Code, Section VIII, Division 1 and the tensile strength and factors of safety given in subdivisions 1 and 3 of this subsection.

C. Inspection of inaccessible parts. Where in the opinion of the inspector, as the result of conditions disclosed at the time of inspection, it is advisable to remove the interior or exterior lining, covering, or brickwork to expose certain parts of the vessel not normally visible, the owner or user shall remove the materials to permit proper inspection and to establish construction details. Metal thickness shall be determined utilizing appropriate equipment including drilling if necessary.

D. Pressure relief devices. Pressure relief devices for each pressure vessel installation, not exempt by the Act, shall comply with the requirements of the ASME Code, Section VIII.

E. Safety appliances.

Each pressure vessel shall be protected by safety and relief valves and indicating and controlling devices which will insure its safe operation. These valves and devices shall be constructed, located and installed so that they cannot readily be rendered inoperative. The relieving capacity of the safety valves shall prevent a rise of pressure in the vessel of more than 10% above the maximum allowable working pressure, taking into account the effect of static head. Safety valve discharges shall be located or piped so as not to endanger persons working in the area.
Safety valves and safety relief valves requiring repair shall be replaced with a new valve or repairs shall be performed by the original manufacturer, its authorized representative, or the holder of a "VR" stamp.

F. Repairs and renewals of fittings and appliances. Whenever repairs are made to fittings or appliances, or it becomes necessary to replace them, the repairs or replacements shall comply with requirements for new installations.

G. Conditions not covered by this chapter. All cases not specifically covered by this chapter shall be treated as new installations or may be referred to the chief inspector for instructions concerning the requirements.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 3.3, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; amended, Virginia Register Volume 15, Issue 5, eff. January 1, 1999 and April 1, 1999; Volume 29, Issue 5, eff. December 12, 2012; Volume 35, Issue 2, eff. November 1, 2018.

Part IV General Requirements

16VAC25-50-390 Inspection of boilers and pressure vessels

All boilers and pressure vessels, not exempt by the Act, shall be inspected internally and externally, as provided by this chapter, by a special inspector. The owner or user shall prepare each boiler or pressure vessel for the inspection and for appropriate pressure tests, whenever necessary. To prepare equipment for an internal inspection the following actions shall be taken as applicable:

Boilers

a. Cool the boiler, furnace and setting sufficiently to prevent damage to any part;

b. Drain and wash thoroughly internal parts to be inspected and adequately ventilate all interior surfaces;

c. Remove manhole and handhole plates, wash out openings, drains and inspection plugs;

d. Remove a sufficient number of grates of internally fired boilers, as required by the inspector;

e. Remove brickwork, refractory and insulation, as required by the inspector, to determine condition of boiler, headers, tubes, furnace, structural supports, and other parts;

f. Prevent leakage of water, steam or vapors into boiler interiors that would endanger personnel;

g. Before opening the manhole or handhole covers and entering any parts of the steam-generating unit connected to a common header with other boilers, the nonreturn and steam stop valves must be closed, locked out and drain valves or cocks between the two valves opened. The feed and check valves must be closed, locked out and drain valves or cocks located between the two valves opened. After draining the boiler, the blowoff valves shall be closed and locked out. Blowoff lines, where practicable, shall be disconnected between pressure parts and valves. All drains and vent lines shall be opened;

h. Prepare the pressure gauge for testing; and

i. Comply, where applicable, with Virginia law regarding work conducted within confined spaces pursuant to Virginia Occupational Safety and Health (VOSH) regulation 16VAC25-90-1910.146, Permit Required Confined Space for General Industry.

Pressure vessels

a. Remove manhole and handhole plates, cleaning and inspection plugs;

b. Clean internal surfaces and adequately ventilate all interior spaces;

c. Isolate the unit to the extent that internal temperature, pressure and environment are not injurious to personnel and are under strict control during complete inspection;

d. Remove linings or coverings, as required by the inspector, to determine true physical condition of the vessel and its components;

e. Make protective and regulating controls readily accessible for inspection;

f. Prepare the pressure gauges for testing; and

g. Comply, where applicable, with Virginia law regarding work conducted within confined spaces pursuant to Virginia Occupational Safety and Health (VOSH) regulation 16VAC25-90-1910.146, Permit Required Confined Space for General Industry.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 4.1, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Virginia Register Volume 11, Issue 20, eff. August 1, 1995; Volume 15, Issue 5, eff. January 1, 1999.

16VAC25-50-400 Boilers and pressure vessels improperly prepared for inspection

If a boiler or pressure vessel has not been properly prepared for an internal inspection, or if the owner or user fails to comply with the requirements for a hydrostatic test as set forth in this chapter, the inspector may decline to make the inspection or test and the inspection certificate shall be withheld until the owner or user complies with the requirements.

History

Statutory Authority: §§ 40.1-22 and 40.1-51.5 et seq. of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 4.2, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993.

16VAC25-50-410 Removal of covering to permit inspection

If the boiler or pressure vessel is jacketed so that the seams of shells, drums, or domes cannot be seen, sufficient jacketing, setting wall, or other form of casing or housing shall be removed to permit reasonable inspection of the seams and so that the size of the rivets, pitch of the rivets, and other data necessary to determine the safety of the boiler or pressure vessel may be obtained, provided such information cannot be determined by other means.

The inspector shall not remove any insulation or covering and may refuse to enter boiler or equipment rooms where the inspector believes an asbestos exposure exists. To determine if an asbestos exposure may exist, the inspector may request to review the owner or user's asbestos maintenance program, where applicable, under the Virginia Occupational Safety and Health (VOSH) Program, Occupational Exposure to Asbestos, Construction Industry, Appendix G, 16VAC25-175-1926.1101.

History

Statutory Authority: §§ 40.1-22 and 40.1-51.5 et seq. of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 4.3, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993.

16VAC25-50-420 Lap-seam crack

The shell of a pressure vessel, in which a lapseam crack is discovered along a longitudinal riveted joint, shall be shut down immediately. If the equipment is not more than 15 years of age, a complete new course of the original thickness may be installed at the discretion of the inspector and after approval by the chief inspector. Patching is prohibited.

History

Statutory Authority: §§ 40.1-22 and 40.1-51.5 et seq. of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 4.4, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993.

16VAC25-50-430 Hydrostatic pressure tests

A. A hydrostatic pressure test, when applied to boilers or pressure vessels, shall not exceed 1.25 times the maximum allowable working pressure, except as provided by the current edition of the ASME Code. The pressure shall be under proper control so that in no case shall the required test pressure be exceeded by more than 2.0%.

B. See 16VAC25-50-360 A 4 for temperature limitations on particular power boiler installations.

C. When a hydrostatic test is to be applied to existing installations, the pressure shall be as follows:

For all cases involving the question of tightness, the pressure shall be equal to the working pressure.
For all cases involving the question of safety, the test pressure shall not exceed 1.25 times the maximum allowable working pressure for temperature. During such test the safety valve or valves shall be removed or each valve disk shall be held to its seat by means of a testing clamp and not by screwing down the compression screw upon the spring.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 4.5, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Virginia Register Volume 15, Issue 5, eff. January 1, 1999; Volume 29, Issue 5, eff. December 12, 2012; Volume 35, Issue 2, eff. November 1, 2018.

16VAC25-50-440 Automatic low-water fuel cutoff and/or water-feeding device

A. Each automatically fired and unattended steam or vapor system boiler, except miniature boilers, shall be equipped with at least two automatic low-water fuel cutoffs located so as to cut off the fuel or energy supply automatically when the surface of the water falls to the lowest safe water line. Functioning of the lower of the two controls shall cause safety shutdown and lockout. The manual reset may be incorporated in the lower cutoff control. If a water-feeding device is installed, it shall be constructed so that the water inlet valves cannot feed water into the boiler through the float chamber and located so as to supply requisite feedwater. The lowest safe water line should be not lower than the lowest visible part of the water glass.

B. The fuel cutoff or water feeding device shall be attached directly to a boiler or in the tapped openings available for attaching a water glass directly to a boiler, provided the connections are made to the boiler with nonferrous tees or Y's not less than 1/2-inch pipe size between the boiler and the water glass so that the water glass is attached directly and as close as possible to the boiler; the run of the tee or Y shall take the water glass fittings, and the side outlet or branch of the tee or Y shall take the fuel cutoff or water feeding device. The ends of all nipples shall be reamed to full-size diameter.

C. Fuel cutoffs and water feeding devices embodying a separate chamber shall have a vertical drain pipe and a blowoff valve not less than 3/4-inch pipe size, located at the lowest point in the water equalizing pipe connections so that the chamber and the equalizing pipe can be flushed and the device tested.

D. A forced circulation coil or water tube type boiler, with a heat input greater than 400,000 BTU's per hour shall have a flow sensing device installed to cut off the fuel supply at a minimum water circulation flow rate in the boiler. The boiler manufacturer's specifications for the safe minimum flow rate, setting, and location of the flow sensing device shall be utilized.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 4.6, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Virginia Register Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 19, eff. July 2, 2003.

16VAC25-50-445 Pressure control devices

Each automatically fired steam boiler or system of commonly connected steam boilers shall have at least one steam pressure control device that will shut off the fuel supply to each boiler or system of commonly connected boilers when the steam pressure reaches a preset maximum operating pressure. In addition, each individual automatically fired steam boiler shall have a high steam pressure limit control with a manual reset that will prevent generation of steam pressure in excess of the maximum allowable working pressure and can cause safety shutdown and lockout.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 19, eff. July 2, 2003.

16VAC25-50-450 Pressure-reducing valves

A. Where pressure-reducing valves are used, one or more relief or safety valves shall be provided on the low-pressure side of the reducing valve when the piping or equipment on the low-pressure side does not meet the requirements for the full initial pressure. Proper protection shall be provided to prevent injury or damage caused by the escaping fluid from the discharge of relief or safety valves if vented to the atmosphere. The combined discharge capacity of the relief or safety valves shall be such that the pressure rating of the lower pressure piping or equipment shall not be exceeded in case the reducing valve sticks open.

B. The use of hand-controlled bypasses around reducing valves is permissible. If a bypass is used around the reducing valve, the safety valve required on the low pressure side shall be sufficient capacity to relieve all the fluid that can pass through the bypass without overpressuring the low pressure side.

C. A pressure gauge shall be installed on the low-pressure side of a reducing valve.

History

Statutory Authority: §§ 40.1-22 and 40.1-51.5 et seq. of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 4.7, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993.

16VAC25-50-460 Blowoff equipment

A. The blowdown from a boiler or boilers that enters a sewer system or blowdown which is considered a hazard to life or property shall pass through blowoff equipment that will reduce pressure and temperature as required below.

B. The temperature of the water leaving the blowoff equipment shall not exceed 140°F.

C. The pressure of the blowdown leaving any type of blowoff equipment shall not exceed five psig.

D. The blowoff piping and fittings between the boiler and the blowoff tank shall comply with the current edition of the ASME Code, Section I and ASME B31.1.

E. All materials used in the fabrication of boiler blowoff equipment shall comply with the current edition of the ASME Code, Section II.

F. All blowoff equipment shall be fitted with openings to facilitate cleaning and inspection.

G. Blowoff equipment which conforms to the provisions set forth in the National Board publication, "Boiler Blowoff Equipment", shall meet the requirements of this section.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 4.8, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Volume 35, Issue 2, eff. November 1, 2018.

16VAC25-50-470 Location of discharge piping outlets

The discharge of safety valves, blowoff pipes and other outlets shall be located so as to prevent injury to personnel.

History

Statutory Authority: §§ 40.1-22 and 40.1-51.5 et seq. of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 4.9, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993.

16VAC25-50-480 Repairs and alterations

A. Prior to any repair, the owner or user shall notify a special inspector with the appropriate endorsement for direction or advice, or both, regarding the method and extent of repair.

B. Repairs to boilers and pressure vessels shall be done in accordance with the National Board Inspection Code by holders of an "R" Certificate of Authorization. The completed repairs shall be reviewed by and found acceptable to the inspector or the same inspection agency who authorized the repair.

C. Alterations to boilers and pressure vessels shall be performed by an organization holding an appropriate ASME or "R" Certificate of Authorization and shall be in accordance with the National Board Inspection Code.

D. All repairs and alterations, except seal welds as defined in this subsection, shall be reported on the applicable Report of Welded Repair or Alteration form. The completed form including proper certification shall be forwarded to the chief inspector by the organization performing the repair or alteration.

E. The completed forms for routine repairs, as the term is defined in the National Board Inspection Code, need not be forwarded to the chief inspector.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 4.10, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; amended, Virginia Register Volume 11, Issue 20, eff. August 1, 1995; Volume 15, Issue 5, eff. January 1, 1999 and April 1, 1999; Volume 29, Issue 5, eff. December 12, 2012.

16VAC25-50-490 Supports

Each boiler and pressure vessel shall be supported by masonry or structural supports of sufficient strength and rigidity to safely support the boiler or pressure vessel and its contents. There shall be no excessive vibration in the boiler, pressure vessel, or their connected piping or fittings.

History

Statutory Authority: §§ 40.1-22 and 40.1-51.5 et seq. of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 4.11, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993.

16VAC25-50-500 Boiler door latches

A. A water tube boiler shall have the firing doors of the inward-opening type, unless such doors are provided with substantial and effective latching or fastening devices or otherwise so constructed as to prevent them, when closed, from being blown open by pressure on the furnace side.

B. These latches or fastenings shall be of the positive self-locking type. Friction contacts, latches, or bolts actuated by springs shall not be used. The foregoing requirements for latches or fastenings shall not apply to coal openings of downdraft or similar furnaces.

C. All other doors, except explosion doors, not used in the firing of the boiler, may be provided with bolts or fastenings instead of self-locking latching devices.

D. Explosion doors, if used and if located in the setting walls within seven feet of the firing floor or operating platform, shall be provided with substantial deflectors to divert the blast.

History

Statutory Authority: §§ 40.1-22 and 40.1-51.5 et seq. of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 4.12, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993.

16VAC25-50-510 Clearance

When boilers are replaced or new boilers are installed in either existing or new buildings, a minimum clearance of two feet on all service sides shall be provided. Boilers and pressure vessels having manholes shall have five feet clearance from the manhole opening and any wall, ceiling or piping that will prevent a person from entering the boiler or vessel. All boilers and pressure vessels shall be located so that adequate space will be provided for the proper operation of the boilers and pressure vessels and their appurtenances, for the inspection of all surfaces, tubes, waterwalls, economizers, piping, valves and other equipment, and for their necessary maintenance and repair and replacement of tubes.

History

Statutory Authority: §§ 40.1-22 and 40.1-51.5 et seq. of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 4.13, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993.

16VAC25-50-520 Ladders and runways

When necessary for safety, there shall be a steel runway or platform of standard construction installed across the tops of adjacent boilers or pressure vessels or at some other convenient level for the purpose of affording safe access. All runways shall have at least two means of exit each to be remotely located from the other.

History

Statutory Authority: §§ 40.1-22 and 40.1-51.5 et seq. of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 4.14, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993.

16VAC25-50-530 Air and ventilation requirements

A permanent source of outside air shall be provided for each boiler room to permit satisfactory combustion of the fuel as well as proper ventilation of the boiler room under normal operating conditions.

A. The total requirements of the burners for all fired pressure vessels in the boiler room must be used to determine the louver sizes whether fired by coal, oil or gas; however, the minimum net free louvered area must not be less than one square foot. The following table or formula shall be used to determine the net louvered area in square feet:

Input BTU Per Hour	Required Air Cu. Ft./Min.	Min. Net Louvered Area Sq. Ft.
500,000	125	1.0
1,000,000	250	1.0
2,000,000	500	1.6
3,000,000	750	2.5
4,000,000	1,000	3.3
5,000,000	1,250	4.1
6,000,000	1,500	5.0
7,000,000	1,750	5.8
8,000,000	2,000	6.6
9,000,000	2,250	7.5
10,000,000	2,500	8.3

B. When mechanical ventilation is used instead of subsection A of this section, the supply of combustion and ventilation air to the boiler room and the firing device shall be interlocked with the fan so the firing device will not operate with the fan off. The velocity of the air through the ventilating fan shall not exceed 500 feet per minute and the total air delivered shall be equal to or greater than shown in this section.

History

Statutory Authority: §§ 40.1-22 and 40.1-51.5 et seq. of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 4.15, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993.

16VAC25-50-540 Jacketed kettles and miniatures boilers

Jacketed kettles and miniature boilers are acceptable for installation if constructed and stamped in accordance with Section I, IV, or VIII, Division 1, of the current edition of the ASME Code and registered with the National Board.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 4.8, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Volume 35, Issue 2, eff. November 1, 2018.

16VAC25-50-550 Fuel burning apparatus and systems (flame safeguard)

Fuel burning apparatus and systems shall be equipped with regulating and protective controls in accordance with applicable standards of the American Gas Association, Underwriters Laboratories, ANSI/ASME-CSD-1, or National Fire Protection Association (NFPA) No. 85 Series, or equivalent recognized standards.

History

Statutory Authority: §§ 40.1-22 and 40.1-51.5 et seq. of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 4.17, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993.

16VAC25-50-560 Inspection of secondhand or used boilers or pressure vessels

Inspections of secondhand or used boilers or pressure vessels made by the Chief Inspector or a Commonwealth Inspector shall be charged for in accordance with § 40.1-51.15 of the Act.

History

Statutory Authority: § 40.1-51.6 of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 4.18, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993; Virginia Register Volume 11, Issue 20, eff. August 1, 1995.

16VAC25-50-570 Conditions not covered by this chapter

For any condition not covered by this chapter, the applicable provisions of the National Board Inspection Code or the ASME code shall apply.

History

Statutory Authority: §§ 40.1-22 and 40.1-51.5 et seq. of the Code of Virginia.
Historical Notes: Derived from VR425-01-75 § 4.19, eff. July 1, 1974; amended, eff. November 1, 1978; July 1, 1991; September 1, 1993.

Chapter 60 Administrative Regulation for the Virginia Occupational Safety and Health Program

Part I Definitions

16VAC25-60-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Abatement period" means the period of time defined or set out in the citation for correction of a violation.

"Board" means the Safety and Health Codes Board.

"Bureau of Labor Statistics" means the Bureau of Labor Statistics of the U.S. Department of Labor.

"Citation" means the notice to an employer that the commissioner has found a condition or conditions that violate Title 40.1 of the Code of Virginia or the standards, rules or regulations established by the commissioner or the board.

"Commissioner" means the Commissioner of Labor and Industry. Except where the context clearly indicates the contrary, any such reference shall include his authorized representatives.

"Commissioner of Labor and Industry" means only the individual who is Commissioner of Labor and Industry.

"Department" means the Virginia Department of Labor and Industry.

"De minimis violation" means a violation that has no direct or immediate relationship to safety and health.

"Employee" means an employee of an employer who is employed in a business of his employer.

"Employee representative" means a person specified by employees to serve as their representative.

"Employer" means any person or entity engaged in business who has employees but does not include the United States.

"Establishment" means, for the purpose of recordkeeping requirements, a single physical location where business is conducted or where services or industrial operations are performed, for example, factory, mill, store, hotel, restaurant, movie theater, farm, ranch, bank, sales office, warehouse, or central administrative office. Where distinctly separate activities are performed at a single physical location, such as contract activities operated from the same physical location as a lumberyard, each activity is a separate establishment. In the public sector, an establishment is either (i) a single physical location where a specific governmental function is performed; or (ii) that location which is the lowest level where attendance or payroll records are kept for a group of employees who are in the same specific organizational unit, even though the activities are carried on at more than a single physical location.

"Failure to abate" means that the employer has failed to correct a cited violation within the period permitted for its correction.

"FOIA" means the Freedom of Information Act.

"Gravity based penalty" means an unadjusted penalty that is calculated based on the severity of the hazard and the probability that an injury or illness would result from the hazard.

"High gravity violation" means a violation with a gravity based penalty calculated at the statutory maximums contained in subsections H, I, and J of § 40.1-49.4 of the Code of Virginia.

"Imminent danger condition" means any condition or practice in any place of employment such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through standard enforcement procedures provided by Title 40.1 of the Code of Virginia.

"OSHA" means the Occupational Safety and Health Administration of the U.S. Department of Labor.

"Other violation" means a violation which is not, by itself, a serious violation within the meaning of the law but which has a direct or immediate relationship to occupational safety or health.

"Public employee" means any employee of a public employer. Volunteer members of volunteer fire departments, pursuant to § 27-42 of the Code of Virginia, members of volunteer rescue squads who serve without pay, and other volunteers pursuant to the Virginia State Government Volunteers Act are not public employees. Prisoners confined in jails controlled by any political subdivision of the Commonwealth and prisoners in institutions controlled by the Department of Corrections are not public employees unless employed by a public employer in a work-release program pursuant to § 53.1-60 or 53.1-131 of the Code of Virginia.

"Public employer" means the Commonwealth of Virginia, including its agencies, authorities, or instrumentalities or any political subdivision or public body.

"Recordable occupational injury and illness" means (i) a fatality, regardless of the time between the injury and death or the length of illness; (ii) a nonfatal case that results in lost work days; or (iii) a nonfatal case without lost work days which results in transfer to another job or termination of employment, which requires medical treatment other than first aid, or involves loss of consciousness or restriction of work or motion. This category also includes any diagnosed occupational illness which is reported to the employer but is not otherwise classified as a fatality or lost work day case.

"Repeated violation" means a violation deemed to exist in a place of employment that is substantially similar to a previous violation of a law, standard or regulation that was the subject of a prior final order against the same employer. A repeated violation results from an inadvertent or accidental act, since a violation otherwise repeated would be willful.

"Serious violation" means a violation deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation. The term "substantial probability" does not refer to the likelihood that illness or injury will result from the violative condition but to the likelihood that, if illness or injury does occur, death or serious physical harm will be the result.

"Standard" means an occupational safety and health standard which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment.

"VOSH" means Virginia Occupational Safety and Health.

"Willful violation" means a violation deemed to exist in a place of employment where (i) the employer committed an intentional and knowing, as contrasted with inadvertent, violation and the employer was conscious that what he was doing constituted a violation; or (ii) the employer, even though not consciously committing a violation, was aware that a hazardous condition existed and made no reasonable effort to eliminate the condition.

"Working days" means Monday through Friday, excluding legal holidays, Saturday, and Sunday.

History

Statutory Authority: §§ 40.1-2.1, 40.1-6, and 40.1-22 of the Code of Virginia; Occupational Safety and Health Act of 1970 (P.L. 91‑596).
Historical Notes: Derived from VR425-02-95 § 1.1, eff. July 1, 1994; amended, Virginia Register Volume 22, Issue 25, eff. September 21, 2006; Volume 35, Issue 3, eff. November 1, 2018.

Part II General Provisions

16VAC25-60-20 Jurisdiction

All Virginia statutes, standards, and regulations pertaining to occupational safety and health shall apply to every employer, employee, and place of employment in the Commonwealth of Virginia except where:

The United States is the employer or exercises exclusive jurisdiction;
The federal Occupational Safety and Health Act of 1970 does not apply by virtue of § 4(b)(1) of that Act. The commissioner shall consider federal OSHA case law in determining where jurisdiction over specific working conditions has been preempted by the regulations of a federal agency; or
The employer is a public employer, as that term is defined in this chapter. In such cases, the Virginia laws, standards, and regulations governing occupational safety and health are applicable as stated, including 16VAC25-60-10, 16VAC25-60-30, 16VAC25-60-260, 16VAC25-60-280, 16VAC25-60-290, and 16VAC25-60-300.

History

Statutory Authority: §§ 40.1-2.1, 40.1-6, and 40.1-22 of the Code of Virginia; Occupational Safety and Health Act of 1970 (P.L. 91‑596).
Historical Notes: Derived from VR425-02-95 § 2.1, eff. July 1, 1994; amended, Virginia Register Volume 35, Issue 3, eff. November 1, 2018.

16VAC25-60-30 Applicability to public employers

A. All occupational safety and health standards adopted by the board shall apply to public employers and their employees in the same manner as to private employers.

B. All sections of this chapter shall apply to public employers and their employees. Where specific procedures are set out for the public sector, such procedures shall take precedence.

C. The following portions of Title 40.1 of the Code of Virginia shall apply to public employers: § 40.1-10; subdivisions A 1 and A 4, except that the reference to subsection G in subdivision A 4 does not apply, and subsections C, D, H, I, and J of § 40.1-49.4; and §§ 40.1-49.8, 40.1-51, 40.1-51.1, 40.1-51.2, 40.1-51.2:1, 40.1-51.3, 40.1-51.3:2, and 40.1-51.4:2.

D. Section 40.1-51.2:2 A of the Code of Virginia shall apply to the Commonwealth and its agencies except that the commissioner shall not bring action in circuit court in the event that a voluntary agreement cannot be obtained.

E. Sections 40.1-7, subdivision A 4, except that the reference to subsection G in subdivision A 4 does not apply, and subsections C, D, F, H, I, and J of § 40.1-49.4 of the Code of Virginia and §§ 40.1-49.9, 40.1-49.10, 40.1-49.11, 40.1-49.12, and 40.1-51.2:2 of the Code of Virginia shall apply to public employers other than the Commonwealth and its agencies.

F. If the commissioner determines that an imminent danger situation, as defined in § 40.1-49.4 F of the Code of Virginia, exists for an employee of the Commonwealth or one of its agencies, and if the employer does not abate that imminent danger immediately upon request, the Commissioner of Labor and Industry shall forthwith petition the governor to direct that the imminent danger be abated.

G. If the commissioner is unable to obtain a voluntary agreement to resolve a violation of § 40.1-51.2:1 of the Code of Virginia by the Commonwealth or one of its agencies, the Commissioner of Labor and Industry shall petition for redress in the manner provided in 16VAC25-60-300 B.

History

Statutory Authority: §§ 40.1-2.1, 40.1-6, and 40.1-22 of the Code of Virginia; Occupational Safety and Health Act of 1970 (P.L. 91‑596).
Historical Notes: Derived from VR425-02-95 § 2.2, eff. July 1, 1994; amended, Virginia Register Volume 22, Issue 25, eff. September 21, 2006; Volume 34, Issue 6, eff. December 15, 2017; Volume 35, Issue 3, eff. November 1, 2018.

16VAC25-60-40 Notification and posting requirements

Every employer shall post and keep posted any notice or notices, as required by the commissioner, including the Job Safety and Health Protection Poster which shall be available from the department. Such notices shall inform employees of their rights and obligations under the safety and health provisions of Title 40.1 of the Code of Virginia and this chapter. Violations of notification or posting requirements are subject to citation and penalty.

Such notice or notices, including all citations, notices of contest, petitions for variances or extensions of abatement periods, orders, and other documents of which employees are required to be informed by the employer under statute or by this chapter, shall be delivered by the employer to any authorized employee representative, and shall be posted at a conspicuous place where notices to employees are routinely posted and shall be kept in good repair and in unobstructed view. The document must remain posted for 10 working days unless a different period is prescribed elsewhere in Title 40.1 of the Code of Virginia or this chapter.
A citation issued to an employer, or a copy of it, shall remain posted in a conspicuous place and in unobstructed view at or near each place of alleged violation for three working days or until the violation has been abated, whichever is longer.
A copy of any written notice of contest shall remain posted until all proceedings concerning the contest have been completed.
Upon receipt of a subpoena, the employer shall use the methods set forth in this section to further notify his employees and any authorized employee representative of their rights to party status. This written notification shall include both the date, time and place set for court hearing, and any subsequent changes to hearing arrangements. The notification shall remain posted until commencement of the hearing or until an earlier disposition.

History

Statutory Authority: §§ 40.1-6 and 40.1-22 of the Code of Virginia.
Historical Notes: Derived from VR425-02-95 § 2.3, eff. July 1, 1994; amended, Virginia Register Volume 22, Issue 25, eff. September 21, 2006.

16VAC25-60-50 (Repealed.)

Historical Notes

Derived from VR425-02-95 §§ 2.4 through 2.6, eff. July 1, 1994; amended, Virginia Register Volume 11, Issue 20, eff. August 1, 1995; repealed, Virginia Register Volume 18, Issue 5, eff. December 31, 2001.

16VAC25-60-80 Access to employee medical and exposure records

A. An employee and his authorized representative shall have access to his exposure and medical records required to be maintained by the employer.

B. When required by a standard, a health care professional under contract to the employer or employed by the employer shall have access to the exposure and medical records of an employee only to the extent necessary to comply with the requirements of the standard and shall not disclose or report without the employee's express written consent to any person within or outside the workplace except as required by the standard.

C. Under certain circumstances it may be necessary for the commissioner to obtain access to employee exposure and medical records to carry out statutory and regulatory functions. However, due to the substantial personal privacy interests involved, the commissioner shall seek to gain access to such records only after a careful determination of the need for such information and only with appropriate safeguards described at 29 CFR 1913.10(i) in order to protect individual privacy. In the event that the employer requests the commissioner to wait 24 hours for the presence of medical personnel to review the records, the commissioner will do so on presentation of an affidavit that the employer has not and will not modify or change any of the records. The commissioner's examination and use of this information shall not exceed that which is necessary to accomplish the purpose for access. Personally identifiable medical information shall be retained only for so long as is needed to carry out the function for which it was sought. Personally identifiable information shall be kept secure while it is being used and shall not be released to other agencies or to the public except under certain narrowly defined circumstances outlined at 29 CFR 1913.10(m).

D. In order to implement the policies described in subsection C of this section, the rules and procedures of 29 CFR Part 1913.10, Rules of Agency Practice and Procedure Concerning Access to Employee and Medical Records, are hereby expressly incorporated by reference. When these rules and procedures are applied to the commissioner the following federal terms should be considered to read as below:

FEDERAL TERM	VOSH EQUIVALENT
AGENCY	Virginia Department Of Labor And Industry
OSHA	VOSH
Assistant Secretary	Commissioner
Office Of The Solicitor Of Labor	Office Of The Attorney General
Department Of Justice	Office of the Attorney General
Privacy Act	§§ 2.2-3800 to 2.2-3809 OF THE CODE OF VIRGINIA

History

Statutory Authority: §§ 40.1-6 and 40.1-22 of the Code of Virginia.
Historical Notes: Derived from VR425-02-95 § 2.7, eff. July 1, 1994; amended, Virginia Register Volume 11, Issue 20, eff. August 1, 1995; Volume 22, Issue 25, eff. September 21, 2006.

16VAC25-60-90 Release of information and disclosure pursuant to requests under the Virginia Freedom of Information Act and subpoenas

A. Pursuant to the Virginia Freedom of Information Act (FOIA) (§ 2.2-3700 et seq. of the Code of Virginia) and with the exceptions stated in subsections B through H of this section, employers, employees and their representatives shall have access to information gathered in the course of an inspection.

B. Interview statements of employers, owners, operators, agents, or employees given to the commissioner pursuant to § 40.1-49.8 of the Code of Virginia are confidential. Pursuant to the requirements set forth in § 40.1-11 of the Code of Virginia, individuals shall have the right to request a copy of their own interview statements.

C. All file documents contained in case files that are under investigation, and where a citation has not been issued, are not disclosable until:

The decision has been made not to issue citations; or
Six months has lapsed following the occurrence of an alleged violation.

D. Issued citations, orders of abatement, and proposed penalties are public documents and are releasable upon a written request. All other file documents in cases where a citation has been issued are not disclosable until the case is a final order of the commissioner or the court, except that once a copy of file documents in a contested case has been provided to legal counsel for the employer in response to a request for discovery, or to a third party in response to a subpoena duces tecum, such documents shall be releasable upon a written request, subject to the exclusions in this section and the Virginia Freedom of Information Act.

E. Information required to be kept confidential by law shall not be disclosed by the commissioner or by any employee of the department. In particular, the following specific information is deemed to be nondisclosable:

The identity of and statements of an employee or employee representative who has complained of hazardous conditions to the commissioner;
The identities of employers, owners, operators, agents, or employees interviewed during inspections and their interview statements;
Employee medical and personnel records obtained during VOSH inspections. Such records may be released to the employee or his duly authorized representative upon a written and endorsed request; and
Employer trade secrets, commercial, and financial data.

F. The commissioner may decline to disclose a document that is excluded from the disclosure requirements of the Virginia FOIA, particularly documents and evidence related to criminal investigations, writings protected by the attorney-client privilege, documents compiled for use in litigation, and personnel records.

G. An effective program of investigation and conciliation of complaints of discrimination requires confidentiality. Accordingly, disclosure of records of such complaints, investigations, and conciliations will be presumed to not serve the purposes of Title 40.1 of the Code of Virginia, except for statistical and other general information that does not reveal the identities of particular employers or employees.

H. All information gathered through participation in consultation services or training programs of the department shall be withheld from disclosure except for statistical data that does not identify individual employers.

I. All information gathered through participation in voluntary protection programs of the department pursuant to § 40.1-49.13 of the Code of Virginia shall be withheld from disclosure except for statistical data that does not identify individual employers and for the following:

Participant applications and amendments, onsite evaluation reports, and annual self-evaluations; and
Agency staff correspondence containing recommendations to the commissioner, approval letters, notifications to compliance staff removing the participants from the general inspection list, and related formal correspondence.

J. The commissioner, in response to a subpoena, order, or other demand of a court or other authority in connection with a proceeding to which the department is not a party, shall not disclose any information or produce any material acquired as part of the performance of his official duties or because of his official status without the approval of the Commissioner of Labor and Industry.

K. The commissioner shall disclose information and statistics gathered pursuant to the enforcement of Virginia's occupational safety and health laws, standards, and regulations where it has been determined that such a disclosure will serve to promote the safety, health, and welfare of employees. Any person requesting disclosure of such information and statistics should include in his written request any information that will aid the commissioner in this determination.

History

Statutory Authority: §§ 40.1-6 and 40.1-22 of the Code of Virginia.
Historical Notes: Derived from VR425-02-95 § 2.8, eff. July 1, 1994; amended, Virginia Register Volume 22, Issue 25, eff. September 21, 2006; Volume 29, Issue 5, eff. December 5, 2012; Volume 34, Issue 6, eff. December 15, 2017.

16VAC25-60-100 Complaints

A. An employee or other person who believes that a safety or health hazard exists in a workplace may request an inspection by giving notice to the commissioner.

B. For purposes of this section and § 40.1-51.2(b) of the Code of Virginia, the representative(s) that will be recognized as authorized to act for employees can be:

A representative of the employee bargaining unit;
Any member of the employee's immediate family acting on behalf of the employee; or
A lawyer or physician retained by the employee.

C. A written complaint may be preceded by an oral complaint at which time the commissioner will either give instructions for filing the written complaint or provide forms for that purpose. Section 40.1-51.2(b) of the Code of Virginia stipulates that the written complaint follow an oral complaint by no more than two working days. However, if an oral complaint gives the commissioner reasonable grounds to believe that a serious condition or imminent danger situation exists, the commissioner may cause an inspection to be conducted as soon as possible without waiting for a written complaint.

D. A complaint should allege that a violation of safety and health laws, standards, rules, or regulations has taken place. The violation or hazard should be described with reasonable particularity.

E. A complaint will be evaluated to determine whether there are reasonable grounds to believe that the violation or hazard complained of exists.

If the commissioner determines that there are no reasonable grounds for believing that the violation or hazard exists, the employer and the complainant shall be informed in writing of the reasons for this determination.
An employee or authorized representative may obtain review of the commissioner's determination that no reasonable grounds for believing that the violation or hazard exists by submitting a written statement of his position with regard to the issue. Upon receipt of such written statement a further review of the matter will be made which may include a requested written statement of position from the employer, further discussions with the complainant or an informal conference with complainant or employer if requested by either party. After review of the matter, the commissioner shall affirm, modify or reverse the original determination and furnish the complainant and the employer written notification of his decision.

F. The commissioner's response to a complaint will either be in the form of an onsite inspection or an investigation that does not involve onsite response by the commissioner.

Onsite inspections will normally be conducted in response to complaints alleging the following:

a. The complaint was reduced to writing, is signed by a current employee or employee representative, and states the reason for the inspection request with reasonable particularity. In addition, there are reasonable grounds to believe that a violation of a safety or health standard has occurred;

b. Imminent danger hazard;

c. Serious hazard, which in the discretion of the commissioner requires an onsite inspection;

d. Permanently disabling injury or illness related to a hazard potentially still in existence;

e. The establishment has a significant history of noncompliance with VOSH laws and standards;

f. The complaint identifies an establishment or an alleged hazard covered by a local or national emphasis inspection program;

g. A request from a VOSH/OSHA discrimination investigator to conduct an inspection in response to a complaint initially filed with the investigator; or

h. The employer fails to provide an adequate response to a VOSH investigation contact, or the complainant provides evidence that the employer's response is false, incorrect, incomplete or does not adequately address the hazard.

A complaint investigation, which does not involve onsite activity, shall normally be conducted for all complaints that do not meet the criteria listed in subdivision 1 of this subsection.
The commissioner reserves the right, for good cause shown, to initiate an inspection with regard to certain complaints that do not meet the criteria listed in subdivision 1 of this subsection; as well as to decline to conduct an inspection and instead conduct an investigation, for good cause shown, when certain complaints are found to otherwise meet the criteria listed in subdivision 1 of this subsection.

G. If there are several complaints to be investigated, the commissioner may prioritize them by considering such factors as the gravity of the danger alleged and the number of exposed employees.

H. At the beginning of the inspection the employer shall be provided with a copy of the written complaint. The complainant's name shall be deleted and any other information which would identify the complainant shall be reworded or deleted so as to protect the complainant's identity.

I. An inspection pursuant to a complaint may cover the entire operation of the employer, particularly if it appears to the commissioner that a full inspection is warranted. However, if there has been a recent inspection of the worksite or if there is reason to believe that the alleged violation or hazard concerns only a limited area or aspect of the employer's operation, the inspection may be limited accordingly.

J. After an inspection based on a complaint, the commissioner shall inform the complainant in writing whether a citation has been issued and briefly set forth the reasons if not. The commissioner shall provide the complainant with a copy of any resulting citation issued to the employer.

History

Statutory Authority: §§ 40.1-6 and 40.1-22 of the Code of Virginia.
Historical Notes: Derived from VR425-02-95 § 2.9, eff. July 1, 1994; amended, Virginia Register Volume 22, Issue 25, eff. September 21, 2006.

16VAC25-60-110 Whistleblower discrimination; discharge or retaliation; remedy for retaliation

A. In carrying out his duties under § 40.1-51.2:2 of the Code of Virginia, the commissioner shall consider case law, regulations, and formal policies of federal OSHA. An employee's engagement in activities protected by Title 40.1 does not automatically render him immune from discharge or discipline for legitimate reasons. Termination or other disciplinary action may be taken for a combination of reasons, involving both discriminatory and nondiscriminatory motivations. In such a case, a violation of § 40.1-51.2:1 of the Code of Virginia has occurred if the protected activity was a substantial reason for the action, or if the discharge or other adverse action would not have taken place "but for" engagement in protected activity.

Employee whistleblower activities, protected by § 40.1-51.2:1 of the Code of Virginia, include:

Making any complaint to his employer or any other person under or related to the safety and health provisions of Title 40.1 of the Code of Virginia;
Instituting or causing to be instituted any proceeding under or related to the safety and health provisions of Title 40.1 of the Code of Virginia;
Testifying or intending to testify in any proceeding under or related to the safety and health provisions of Title 40.1 of the Code of Virginia;
Cooperating with or providing information to the commissioner during a worksite inspection; or
Exercising on his own behalf or on behalf of any other employee any right afforded by the safety and health provisions of Title 40.1 of the Code of Virginia.

Discharge or discipline of an employee who has refused to complete an assigned task because of a reasonable fear of injury or death will be considered retaliatory only if the employee has sought abatement of the hazard from the employer and the statutory procedures for securing abatement would not have provided timely protection. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger through resort to regular statutory enforcement. In addition, in such circumstances, the employee, where possible, must also have sought from his employer, and been unable to obtain, an abatement of the dangerous condition.

Disciplinary measures taken by employers solely in response to employee refusal to comply with appropriate safety rules and regulations shall not be regarded as retaliatory action prohibited by § 40.1-51.2:1 of the Code of Virginia.

B. A complaint pursuant to § 40.1-51.2:2 of the Code of Virginia may be filed by the employee himself or anyone authorized to act in his behalf.

The investigation of the commissioner shall include an opportunity for the employer to furnish the commissioner with any information relevant to the complaint.

An attempt by an employee to withdraw a previously filed complaint shall not automatically terminate the investigation of the commissioner. Although a voluntary and uncoerced request from the employee that his complaint be withdrawn shall receive due consideration, it shall be the decision of the commissioner whether further action is necessary to enforce the statute.

The filing of a retaliation complaint with the commissioner shall not preclude the pursuit of a remedy through other channels. Where appropriate, the commissioner may postpone his investigation or defer to the outcome of other proceedings.

C. Subsection A of § 40.1-51.2:2 of the Code of Virginia provides that the commissioner shall bring an action in circuit court when it is determined that a violation of § 40.1-51.2:1 of the Code of Virginia has occurred and a voluntary agreement could not be obtained. Subsection A of § 40.1-51.2:2 further provides that the court "shall have jurisdiction, for cause shown, to restrain violations and order appropriate relief." The court's authority to restrain violations and order appropriate relief includes the ability to issue penalties or fines to the employer that would be payable to the employee. In determining the appropriate level of penalties or fines, the court may look to subsections G, H, I, and J of § 40.1-49.4 of the Code of Virginia.

History

Statutory Authority: §§ 40.1-6 and 40.1-22 of the Code of Virginia.
Historical Notes: Derived from VR425-02-95 § 2.10, eff. July 1, 1994; amended, Virginia Register Volume 34, Issue 6, eff. December 15, 2017.

Part III Occupational Safety and Health Standards

16VAC25-60-120 General industry standards

A. The occupational safety or health standards adopted as rules or regulations by the board either directly or by reference, from 29 CFR Part 1910 shall apply by their own terms to all employers and employees at places of employment covered by the Virginia State Plan for Occupational Safety and Health.

B. The employer shall comply with the manufacturer's specifications and limitations applicable to the operation, training, use, installation, inspection, testing, repair and maintenance of all machinery, vehicles, tools, materials and equipment, unless specifically superseded by a more stringent corresponding requirement in 29 CFR Part 1910. The use of any machinery, vehicle, tool, material or equipment that is not in compliance with any applicable requirement of the manufacturer is prohibited and shall either be identified by the employer as unsafe by tagging or locking the controls to render them inoperable or be physically removed from its place of use or operation.

History

Statutory Authority: §§ 40.1-6 and 40.1-22 of the Code of Virginia.
Historical Notes: Derived from VR425-02-95 § 3.1, eff. July 1, 1994; amended, Virginia Register Volume 22, Issue 25, eff. September 21, 2006; Volume 34, Issue 6, eff. December 15, 2017.

16VAC25-60-130 Construction industry standards

A. The occupational safety or health standards adopted as rules or regulations by the Virginia Safety and Health Codes Board either directly, or by reference, from 29 CFR Part 1926 shall apply by their own terms to all employers and employees engaged in either construction work or construction related activities covered by the Virginia State Plan for Occupational Safety and Health.

B. The employer shall comply with the manufacturer's specifications and limitations applicable to the operation, training, use, installation, inspection, testing, repair and maintenance of all machinery, vehicles, tools, materials and equipment, unless specifically superseded by a more stringent corresponding requirement in 29 CFR Part 1926. The use of any machinery, vehicle, tool, material or equipment that is not in compliance with any applicable requirement of the manufacturer is prohibited, and shall either be identified by the employer as unsafe by tagging or locking the controls to render them inoperable or be physically removed from its place of use or operation.

C. For the purposes of the applicability of such Part 1926 standards, the key criteria utilized to make such a decision shall be the activities taking place at the worksite, not the primary business of the employer. Construction work shall generally include any building, altering, repairing, improving, demolishing, painting or decorating any structure, building, highway, or roadway and any draining, dredging, excavation, grading or similar work upon real property. Construction also generally includes work performed in traditional construction trades such as carpentry, roofing, masonry work, plumbing, trenching and excavating, tunneling, and electrical work. Construction does not include maintenance, alteration or repair of mechanical devices, machinery, or equipment, even when the mechanical device, machinery or equipment is part of a pre-existing structure.

D. The employer shall comply with the Virginia Department of Transportation (VDOT) Work Area Protection Manual in lieu of the federal Manual on Uniform Traffic Control Devices (Part VI of the MUTCD, 2009 Edition, Revision 1 dated May 2012 and Revision 2 dated May 2012, or Part VI of the MUTCD, Millennium Edition - referenced in 16VAC25-175-1926.200 and 16VAC25-175-1926.201) when working under a contract for construction, repair, or maintenance between the employer and the Commonwealth; agencies, authorities, or instrumentalities of the Commonwealth; or any political subdivision or public body of the Commonwealth when such contract stipulates employer compliance with the VDOT Work Area Protection Manual in effect at the time of contractual agreement.

E. Certain standards of 29 CFR Part 1910 have been determined by federal OSHA to be applicable to construction and have been adopted for this application by the board.

F. The standards adopted from 29 CFR Part 1910.19 and 29 CFR Part 1910.20 containing respectively, special provisions regarding air contaminants and requirements concerning access to employee exposure and medical records shall apply to construction work as well as general industry.

History

Statutory Authority: § 40.1-22 of the Code of Virginia; Occupational Safety and Health Act of 1970 (P.L. 91-596).
Historical Notes: Derived from VR425-02-95 § 3.2, eff. July 1, 1994; amended, Virginia Register Volume 22, Issue 25, eff. September 21, 2006; Volume 34, Issue 6, eff. December 15, 2017; Volume 36, Issue 4, eff. November 15, 2019.

16VAC25-60-140 Agriculture standards

A. The occupational safety or health standards adopted as rules or regulations by the board either directly, or by reference, from 29 CFR Part 1910 and 29 CFR Part 1928 shall apply by their own terms to all employers and employees engaged in either agriculture or agriculture related activities covered by the Virginia State Plan for Occupational Safety and Health.

B. For the purposes of applicability of such Part 1910 and Part 1928 standards, the key criteria utilized to make a decision shall be the activities taking place at the worksite, not the primary business of the employer. Agricultural operations shall generally include any operation involved in the growing or harvesting of crops or the raising of livestock or poultry, or activities integrally related to agriculture, conducted by a farmer or agricultural employer on sites such as farms, ranches, orchards, dairy farms or similar establishments. Agricultural operations do not include construction work as described in subsection C of 16VAC25-60-130, nor do they include operations or activities substantially similar to those that occur in a general industry setting and are therefore not unique and integrally related to agriculture.

C. The employer shall comply with the manufacturer's specifications and limitations applicable to the operation, training, use, installation, inspection, testing, repair and maintenance of all machinery, vehicles, tools, materials and equipment, unless specifically superseded by a more stringent corresponding requirement in 29 CFR Part 1910 or 29 CFR Part 1928. The use of any machinery, vehicle, tool, material or equipment that is not in compliance with any applicable requirement of the manufacturer is prohibited and shall either be identified by the employer as unsafe by tagging or locking the controls to render them inoperable or be physically removed from its place of use or operation.

History

Statutory Authority: §§ 40.1-6 and 40.1-22 of the Code of Virginia.
Historical Notes: Derived from VR425-02-95 § 3.3, eff. July 1, 1994; amended, Virginia Register Volume 22, Issue 25, eff. September 21, 2006; Volume 34, Issue 6, eff. December 15, 2017.

16VAC25-60-150 Maritime standards

A. The occupational safety or health standards adopted as rules or regulations by the board either directly, or by reference, from 29 CFR Part 1915, 29 CFR Part 1917, 29 CFR Part 1918, and 29 CFR Part 1919 shall apply by their own terms to all public sector employers and employees engaged in maritime related activities covered by the Virginia State Plan for Occupational Safety and Health.

B. The employer shall comply with the manufacturer's specifications and limitations applicable to the operation, training, use, installation, inspection, testing, repair and maintenance of all machinery, vehicles, tools, materials and equipment, unless specifically superseded by a more stringent corresponding requirement in Part 1915, 1917, 1918 or 1919. The use of any machinery, vehicle, tool, material or equipment that is not in compliance with any applicable requirement of the manufacturer is prohibited and shall either be identified by the employer as unsafe by tagging or locking the controls to render them inoperable or be physically removed from its place of use or operation.

History

Statutory Authority: §§ 40.1-6 and 40.1-22 of the Code of Virginia.
Historical Notes: Derived from VR425-02-95 § 3.4, eff. July 1, 1994; amended, Virginia Register Volume 22, Issue 25, eff. September 21, 2006; Volume 34, Issue 6, eff. December 15, 2017.

16VAC25-60-160 General duty

Where a recognized hazard exists that is causing or likely to cause death or serious physical harm, and specific general industry, construction and agricultural standards do not apply or may not exist, the requirements of § 40.1-51.1(a) of the Code of Virginia shall apply to all employers covered by the Virginia State Plan for Occupational Safety and Health.

History

Statutory Authority: § 40.1-22(5) of the Code of Virginia.
Historical Notes: Derived from VR425-02-95 § 3.5, eff. July 1, 1994.

16VAC25-60-170 Public participation in the adoption of standards

Interested parties, e.g., employers, employees, employee representatives, and the general public, may offer written and oral comments in accordance with the requirements of the public participation guidelines of either the board or the department, as appropriate, regarding the adoption, alteration, amendment, or repeal of any rules or regulations by the board or the commissioner to further protect and promote the safety and health of employees in places of employment over which the board or the commissioner have jurisdiction.

History

Statutory Authority: § 40.1-22(5) of the Code of Virginia.
Historical Notes: Derived from VR425-02-95 § 3.6, eff. July 1, 1994.

16VAC25-60-180 Response to judicial action

A. Any federal occupational safety or health standard, or portion of them, adopted as rule or regulation by the board either directly, or by reference, and subsequently stayed by an order of any federal court will not be enforced by the commissioner until the stay has been lifted. Any federal standard which has been administratively stayed by OSHA will continue to be enforced by the commissioner until the stay has been reviewed by the board. The board will consider adoption or rejection of any federal administrative stay and will also subsequently review and then consider adoption or rejection of the lifting of such stays by federal OSHA.

B. The continued enforcement of any VOSH standard, or portion of it, which is substantively identical to a federal standard that has been vacated by an order of any federal court, shall be at the discretion of the commissioner until such time as the standard and related federal judicial action have been reviewed by the board. The board shall consider the revocation or the repromulgation of any such standard.

History

Statutory Authority: § 40.1-22(5) of the Code of Virginia.
Historical Notes: Derived from VR425-02-95 § 3.7, eff. July 1, 1994.

Part IV Variances

16VAC25-60-190 General provisions

A. Any employer or group of employers desiring a permanent or temporary variance from a standard or regulation pertaining to occupational safety and health may file with the commissioner a written application which shall be subject to the following policies:

A request for a variance shall not preclude or stay a citation or bill of complaint for violation of a safety or health standard;
No variances on record keeping requirements required by the U.S. Department of Labor shall be granted by the commissioner;
An employer, or group of employers, who has applied for a variance from the U.S. Department of Labor, and whose application has been denied on its merits, shall not be granted a variance by the commissioner unless there is a showing of changed circumstances significantly affecting the basis upon which the variance was originally denied;
An employer to whom the U.S. Secretary of Labor has granted a variance under OSHA provisions shall document this variance to the commissioner. In such cases, unless compelling local circumstances dictate otherwise, the variance shall be honored by the commissioner without the necessity of following the formal requirements which would otherwise be applicable. In addition, the commissioner will not withdraw a citation for violation of a standard for which the Secretary of Labor has granted a variance unless the commissioner previously received notice of and decided to honor the variance; and
Incomplete applications will be returned within 30 days to the applicant with a statement indicating the reason or reasons that the application was found to be incomplete.

B. In addition to the information specified in 16VAC25-60-200 A and 16VAC25-60-210 A, every variance application shall contain the following:

A statement that the applicant has informed affected employees of the application by delivering a copy of the application to their authorized representative, if there is one, as well as having posted, in accordance with 16VAC25-60-40, a summary of the application which indicates where a full copy of the application may be examined;
A statement indicating that the applicant has posted, with the summary of the application described above, the following notice: "Affected employees or their representatives have the right to petition the Commissioner of Labor and Industry for an opportunity to present their views, data, or arguments on the requested variance, or they may submit their comments to the commissioner in writing. Petitions for a hearing or written comments should be addressed to the Commissioner of Labor and Industry, Main Street Centre, 600 East Main Street, Suite 207, Richmond, VA 23219. Such petitions will be accepted if they are received within 30 days from the posting of this notice or within 30 days from the date of publication of the commissioner's notice that public comments concerning this matter will be accepted, whichever is later."
A statement indicating whether an application for a variance from the same standard or rule has been made to any federal agency or to an agency of another state. If such an application has been made, the name and address of each agency contacted shall be included.

C. Upon receipt of a complete application for a variance, the commissioner shall publish a notice of the request in a newspaper of statewide circulation within 30 days after receipt, advising that public comments will be accepted for 30 days and that an informal hearing may be requested in conformance with subsection D of this section. Further, the commissioner may initiate an inspection of the establishment in regard to the variance request.

D. If within 30 days of the publication of notice the commissioner receives a request to be heard on the variance from the employer, affected employees, the employee representative, or other employers affected by the same standard or regulation, the commissioner will schedule a hearing with the party or parties wishing to be heard and the employer requesting the variance. The commissioner may also schedule a hearing upon his own motion. The hearing will be held within a reasonable time and will be conducted informally in accordance with §§ 2.2-4019 and 2.2-4021 of the Code of Virginia unless the commissioner finds that there is a substantial reason to proceed under the formal provisions of § 2.2-4020 of the Code of Virginia.

E. If the commissioner has not been petitioned for a hearing on the variance application, a decision on the application may be made promptly after the close of the period for public comments. This decision will be based upon the information contained in the application, the report of any variance inspection made concerning the application, any other pertinent staff reports, federal OSHA comments or public records, and any written data and views submitted by employees, employee representatives, other employers, or the public.

F. The commissioner will grant a variance request only if it is found that the employer has met by a preponderance of the evidence, the requirements of either 16VAC25-60-200 B 4 or 16VAC25-60-210 B 4.

The commissioner shall advise the employer in writing of the decision and shall send a copy to the employee representative if applicable. If the variance is granted, a notice of the decision will be published in a newspaper of statewide circulation.
The employer shall post a copy of the commissioner's decision in accordance with 16VAC25-60-40.

G. Any party may within 15 days of the commissioner's decision file a notice of appeal to the board. Such appeal shall be in writing, addressed to the board, and include a statement of how other affected parties have been notified of the appeal. Upon notice of a proper appeal, the commissioner shall advise the board of the appeal and arrange a date for the board to consider the appeal. The commissioner shall advise the employer and employee representative of the time and place that the board will consider the appeal. Any party that submitted written or oral views or participated in the hearing concerning the original application for the variance shall be invited to attend the appeal hearing. If there is no employee representative, a copy of the commissioner's letter to the employer shall be posted by the employer in accordance with the requirements of 16VAC25-60-40.

H. The board shall sustain, reverse, or modify the commissioner's decision based upon consideration of the evidence in the record upon which the commissioner's decision was made and the views and arguments presented as provided above. The burden shall be on the party filing the appeal to designate and demonstrate any error by the commissioner which would justify reversal or modification of the decision. The issues to be considered by the board shall be those issues that could be considered by a court reviewing agency action in accordance with § 2.2-4027 of the Code of Virginia. All parties involved shall be advised of the board's decision within 10 working days after the hearing of the appeal.

History

Statutory Authority: § 40.1-6 and 40.1-22 (5) of the Code of Virginia.
Historical Notes: Derived from VR425-02-95 § 4.1, eff. July 1, 1994; amended, Virginia Register Volume 19, Issue 9, eff. March 1, 2003; Volume 22, Issue 25, eff. September 21, 2006; Volume 28, Issue 23, eff. September 15, 2012.

16VAC25-60-200 Temporary variances

A. The commissioner shall give consideration to an application for a temporary variance from a standard or regulation only if the employer or group of employers is unable to comply with that standard or regulation by its effective date for good cause and files an application which meets the requirements set forth in this section. No temporary variance shall be granted for longer than the time needed to come into compliance with the standard or one year, whichever is shorter.

B. A letter of application for a temporary variance shall be in writing and contain the following information:

Name and address of the applicant;
Address of the place or places of employment involved;
Identification of the standard or part of it from which a temporary variance is sought; and
Evidence to establish that:

a. The applicant is unable to comply with a standard by its effective date because professional or technical personnel or materials and equipment needed to come into compliance with the standard are unavailable, or because necessary construction or alteration of facilities cannot be completed by the effective date;

b. The applicant is taking effective steps to safeguard his employees against the hazards covered by the standard; and

c. The applicant has an effective program for coming into compliance with the standard as quickly as practicable.

C. A temporary variance may be renewed if the application for renewal is filed at least 90 days prior to the expiration date and if the requirements of subsection A of this section are met. A temporary variance may not be renewed more than twice.

History

Statutory Authority: § 40.1-22(5) of the Code of Virginia.
Historical Notes: Derived from VR425-02-95 § 4.2, eff. July 1, 1994.

16VAC25-60-210 Permanent variances

A. Applications filed with the commissioner for a permanent variance from a standard or regulation shall be subject to the requirements of 16VAC25-60-190 and the following additional requirements.

B. A letter of application for a permanent variance shall be submitted in writing by an employer or group of employers and shall contain the following information:

Name and address of the applicant;
Address of the place or places of employment involved;
Identification of the standard, or part thereof for which a permanent variance is sought; and
A description of the conditions, practices, means, methods, operations, or processes used and evidence that these would provide employment and a place of employment as safe and healthful as would be provided by the standard from which a variance is sought.

C. A permanent variance may be modified or revoked upon application by an employer, employees, or by the commissioner in the manner prescribed for its issuance at any time except that the burden shall be upon the party seeking the change to show altered circumstances justifying a modification or revocation.

History

Statutory Authority: § 40.1-22(5) of the Code of Virginia.
Historical Notes: Derived from VR425-02-95 § 4.3, eff. July 1, 1994.

16VAC25-60-220 Interim order

A. Application for an interim order granting the variance until final action by the commissioner may be made by the employer prior to, or concurrent with, the submission of an application for a variance.

B. A letter of application for an interim order shall include statements as to why the interim order should be granted and shall include a statement that it has been posted in accordance with 16VAC25-60-40. The provisions contained in 16VAC25-60-190 A, B 1 and B 3 shall apply to applications for interim orders in the same manner as they do to variances.

C. The commissioner shall grant the interim order if the employer has shown by clear and convincing evidence that effective methods to safeguard the safety and health of employees have been implemented. No interim order shall have effect for more than 180 days. If an application for an interim order is granted, the employer shall be so notified and it shall be a condition of the order that employees shall be advised of the order in the same manner as used to inform them of the application for a variance.

D. If the application for an interim order is denied, the employer shall be so notified with a brief statement of the reason for denial.

History

Statutory Authority: § 40.1-22(5) of the Code of Virginia.
Historical Notes: Derived from VR425-02-95 § 4.4, eff. July 1, 1994.

Part V Inspections

16VAC25-60-230 Advance notice

A. Where advance notice of an inspection has been given to an employer, the employer, upon request of the commissioner, shall promptly notify the authorized employee representative of the inspection if the employees have such a representative.

B. An advance notice of a safety or health inspection may be given by the commissioner only in the following circumstances:

In cases of imminent danger;
Where it is necessary to conduct inspections at times other than regular working hours;
Where advance notice is necessary to assure the presence of personnel needed to conduct the inspection; or
Where the commissioner determines that advance notice will insure a more effective and thorough inspection.

History

Statutory Authority: § 40.1-22(5) of the Code of Virginia.
Historical Notes: Derived from VR425-02-95 § 5.1, eff. July 1, 1994.

16VAC25-60-240 Walkthrough

Walkthrough by the commissioner for the inspection of any workplace includes the following privileges.

The commissioner shall be in charge of the inspection and, as part of an inspection, may question privately any employer, owner, operator, agent, or employee. The commissioner shall conduct the interviews of persons during the inspection or at other convenient times. The commissioner may take and preserve testimony, examine witnesses, and administer oaths as provided for in 16VAC25-60-245.
As part of an inspection, the commissioner may take or obtain photographs, video recordings, audio recordings, and samples of materials, and employ other reasonable investigative techniques as deemed appropriate. As used here, the term "employ other reasonable investigative techniques" includes the use of devices to measure employee exposures and the attachment of personal sampling equipment such as dosimeters, pumps, badges, and other devices to employees in order to monitor their exposures.
The representative authorized by employees may be an employee of the employer or a third party. When the representative authorized by the employees is not an employee of the employer, the representative may accompany the commissioner during the inspection of the workplace if, in the judgment of the commissioner, good cause has been shown why accompaniment by a third party is reasonably necessary to the conduct of an effective and thorough physical inspection of the workplace, including because of relevant knowledge, skills, or experience with hazards or conditions in the workplace or similar workplaces or language or communication skills. Additional employer representatives and employee representatives may be permitted by the commissioner to accompany the inspection team where the commissioner determines such additional persons will aid in the inspection. A different employer representative or employee representative may accompany the commissioner during each phase of the inspection if, in the determination of the commissioner, this will aid in the conduct of the inspection.
The commissioner may limit the number of representatives when the inspection group would be of such size as to interfere with the inspection or create possible safety hazards, or when the representative does not represent an employer or employee present in the particular area under inspection.
In such cases as stated in subdivision 4 of this section, the commissioner must give each walkthrough representative the opportunity to advise of possible safety or health hazards and then proceed with the inspection without walkthrough representatives. Whenever the commissioner has limited the number of employee walkthrough representatives, a reasonable number of employees shall be consulted during the inspection concerning possible safety or health hazards.
Technical personnel such as safety engineers and industrial hygienists or other consultants to the commissioner or the employer may accompany the commissioner if the commissioner determines that their presence would aid in the conduct of the inspection and agreement is obtained from the employer or the commissioner obtains an order under § 40.1-6(8)(b) of the Code of Virginia. All such consultants shall be bound by the confidentiality requirements of § 40.1-51.4:1 of the Code of Virginia.
The commissioner is authorized to dismiss from the inspection party at any time any person whose conduct interferes with the inspection.

History

Statutory Authority: § 40.1-22 of the Code of Virginia.
Historical Notes: Derived from VR425-02-95 § 5.2, eff. July 1, 1994; amended, Virginia Register Volume 29, Issue 5, eff. December 5, 2012; Volume 41, Issue 5, eff. November 20, 2024.

16VAC25-60-245 Use of administrative subpoenas to take and preserve testimony, examine witnesses, and administer oaths

A. Subdivision 4 of § 40.1-6 of the Code of Virginia authorizes the commissioner, in the discharge of his duties, to take and preserve testimony, examine witnesses and administer oaths. In accordance with subdivision 5 of § 40.1-6 of the Code of Virginia, the Commissioner of Labor and Industry may appoint such representatives as are necessary to carry out the functions outlined in subdivision 4 of § 40.1-6 of the Code of Virginia. Such appointments shall be made in writing; identify the individual being appointed, the length of appointment, and the method of withdrawal of such appointment; and specify what duties are being prescribed.

B. The oath shall be administered by the commissioner's appointed representative to the witness as follows: "Do you swear or affirm to tell the truth."

C. Testimony given under oath shall be recorded by a court reporter.

D. Questioning of employers, owners, operators, agents or employees under oath shall be in private in accordance with subdivision 2 of § 40.1-49.8 of the Code of Virginia.

E. An employer's refusal to make an owner, operator, agent or employee available to the commissioner for examination under this section shall be considered a refusal to consent to the commissioner's inspection authority under § 40.1-49.8 of the Code of Virginia. Upon such refusal the commissioner may seek an administrative search warrant in accordance with the provisions contained in §§ 40.1-49.9 through 40.1-49.12 of the Code of Virginia and obtain an order from the appropriate judge commanding the employer to make the subject owner, operator, agent or employee available for examination at a specified location by a date and time certain.

F. In accordance with § 40.1-10 of the Code of Virginia, if any person who may be sworn to give testimony shall willfully fail or refuse to answer any legal and proper question propounded to him concerning the subject of the examination under § 40.1-6 of the Code of Virginia, he shall be guilty of a misdemeanor. Such person, upon conviction thereof, shall be fined not exceeding $100 nor less than $25 or imprisoned in jail not exceeding 90 days or both. Any such refusal on the part of any person to comply with this section may be referred by the Commissioner of Labor and Industry to the appropriate attorney for the Commonwealth for prosecution.

History

Statutory Authority: §§ 40.1-6 and 40.1-22 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 29, Issue 5, eff. December 5, 2012; amended, Virginia Register Volume 34, Issue 6, eff. December 15, 2017.

16VAC25-60-250 Trade secrets

The following rules shall govern the treatment of trade secrets.

At the beginning of an inspection the commissioner shall request that the employer identify any areas of the worksite that may contain or reveal a trade secret. At the close of an inspection the employer shall be given an opportunity to review the information gathered from those areas and identify to the commissioner that information which contains or may reveal a trade secret.
The employer shall notify the commissioner prior to the case becoming a final order of any information obtained during the inspection which is to be identified as containing trade secrets.
Properly identified trade secrets shall be kept in a separate case file in a secure area not open for inspection to the general public. The separate case file containing trade secrets shall be protected from disclosure in accordance with § 40.1-51.4:1 of the Code of Virginia.
Upon the request of an employer, any employee serving as the walkthrough representative in an area containing trade secrets shall be an employee in that area or an employee authorized by the employer to enter that area. Where there is no such employee representative, the commissioner will interview a reasonable number of employees working in that area concerning matters of safety and health.

History

Statutory Authority: § 40.1-22(5) of the Code of Virginia.
Historical Notes: Derived from VR425-02-95 § 5.3, eff. July 1, 1994.

Part VI Citation and Penalty

16VAC25-60-260 Issuance of citation and proposed penalty

A. Each citation shall be in writing and describe with particularity the nature of the violation, including a reference to the appropriate safety or health provision of Title 40.1 of the Code of Virginia or the appropriate rule, regulation, or standard. In addition, the citation must fix a reasonable time for abatement of the violation. The commissioner shall have authority to propose penalties for cited violations in accordance with § 40.1-49.4 of the Code of Virginia and this chapter. The citation will contain substantially the following: "NOTICE: This citation will become a final order of the commissioner unless contested within fifteen working days from the date of receipt by the employer." The citation may be delivered to the employer or the employer's agent by the commissioner or may be sent by certified mail or by personal service to an officer or agent of the employer or to the registered agent if the employer is a corporation.

No citation may be issued after the expiration of six months following the occurrence of any alleged violation. The six-month timeframe is deemed to be tolled on the date the citation is issued by the commissioner, without regard for when the citation is received by the employer. For purposes of calculating the six-month timeframe for citation issuance, the following requirements shall apply:

The six-month timeframe begins to run on the day after the incident or event occurred or notice was received by the commissioner (as specified in subdivisions 1 through 5 of this subsection), in accordance with § 1-210 A of the Code of Virginia. The word "month" shall be construed to mean one calendar month in accordance with § 1-223 of the Code of Virginia.
An alleged violation is deemed to have "occurred" on the day it was initially created by commission or omission on the part of the creating employer, and every day thereafter that it remains in existence uncorrected.
Notwithstanding subdivision 1 of this subsection, if an employer fails to notify the commissioner within eight hours of any work-related incident resulting in a fatality or within 24 hours of any work-related incident resulting in (i) the in-patient hospitalization of one or more persons, (ii) an amputation, or (iii) the loss of any eye, as required by § 40.1-51.1 D of the Code of Virginia, the six-month timeframe shall not be deemed to commence until the commissioner receives actual notice of the incident.
Notwithstanding subdivision 1 of this subsection, if the commissioner is first notified of a work-related incident resulting in an injury or illness to an employee through receipt of an Employer's Accident Report (EAR) form from the Virginia Workers' Compensation Commission as provided in § 65.2-900 of the Code of Virginia, the six-month timeframe shall not be deemed to commence until the commissioner actually receives the EAR form.
Notwithstanding subdivision 1 of this subsection, if the commissioner is first notified of a work-related hazard, or incident resulting in an injury or illness to an employee, through receipt of a complaint in accordance with 16VAC25-60-100 or referral, the six-month timeframe shall not be deemed to commence until the commissioner actually receives the complaint or referral.

B. A citation issued under subsection A of this section to an employer who violates any VOSH law, standard, rule, or regulation shall be vacated if such employer demonstrates that:

Employees of such employer have been provided with the proper training and equipment to prevent such a violation;
Work rules designed to prevent such a violation have been established and adequately communicated to employees by such employer and have been effectively enforced when such a violation has been discovered;
The failure of employees to observe work rules led to the violation; and
Reasonable steps have been taken by such employer to discover any such violation.

C. For the purposes of subsection B of this section only, the term "employee" shall not include any officer, management official, or supervisor having direction, management control, or custody of any place of employment that was the subject of the violative condition cited.

D. The penalties as set forth in § 40.1-49.4 of the Code of Virginia shall also apply to violations relating to the requirements for recordkeeping, reports, or other documents filed or required to be maintained and to posting requirements.

E. In determining the amount of the proposed penalty for a violation, the commissioner will ordinarily be guided by the system of penalty adjustment set forth in the VOSH Field Operations Manual. In any event the commissioner shall consider the gravity of the violation, the size of the business, the good faith of the employer, and the employer's history of previous violations.

The commissioner shall have authority to propose civil penalties to public employers for willful, repeat, and failure-to-abate violations in accordance with subsections I and J of § 40.1-49.4 of the Code of Virginia, and for serious violations that cause death to an employee or are classified as high gravity in accordance with subsection H of § 40.1-49.4.

F. On multi-employer worksites for all covered industries, citations shall normally be issued to an employer whose employee is exposed to an occupational hazard (the exposing employer). Additionally, the following employers shall normally be cited, whether or not their own employees are exposed:

The employer who actually creates the hazard (the creating employer);
The employer who is either:

a. Responsible, by contract or through actual practice for safety and health conditions on the entire worksite, and has the authority for ensuring that the hazardous condition is corrected (the controlling employer); or

b. Responsible, by contract or through actual practice for safety and health conditions for a specific area of the worksite or specific work practice or specific phase of a construction project, and has the authority for ensuring that the hazardous condition is corrected (the controlling employer); or

The employer who has the responsibility for actually correcting the hazard (the correcting employer).

G. A citation issued under subsection F of this section to an exposing employer who violates any VOSH law, standard, rule, or regulation shall be vacated if such employer demonstrates that:

The employer did not create the hazard;
The employer did not have the responsibility or the authority to have the hazard corrected;
The employer did not have the ability to correct or remove the hazard;
The employer can demonstrate that the creating, the controlling, or the correcting employers, as appropriate, have been specifically notified of the hazards to which the employer's employees were exposed;
The employer has instructed his employees to recognize the hazard and, where necessary, informed them how to avoid the dangers associated with it;
Where feasible, an exposing employer must have taken appropriate alternative means of protecting employees from the hazard; and
When extreme circumstances justify it, the exposing employer shall have removed the employer's employees from the job.

H. The commissioner's burden of proving the basis for a VOSH citation, penalty, or order of abatement is by a preponderance of the evidence.

I. The burden of proof in establishing an affirmative defense to a VOSH citation resides with the employer.

History

Statutory Authority: §§ 40.1-2.1, 40.1-6, and 40.1-22 of the Code of Virginia; Occupational Safety and Health Act of 1970 (P.L. 91‑596).
Historical Notes: Derived from VR425-02-95 § 6.1, eff. July 1, 1994; amended, Virginia Register Volume 22, Issue 25, eff. September 21, 2006; Errata, 33:17 VA.R. 2009 April 17, 2017; amended, Virginia Register Volume 34, Issue 6, eff. December 15, 2017; Volume 35, Issue 3, eff. November 1, 2018; Volume 36, Issue 19, eff May 11, 2020.

16VAC25-60-270 Contest of citation or proposed penalty; general proceedings

A. An employer to whom a citation, abatement order, or proposed penalty has been issued may contest the citation by notifying the commissioner in writing of the contest. The notice of contest must be mailed or delivered by hand within 15 working days from the receipt of the citation or proposed penalty. No mistake, inadvertence, or neglect on the part of the employer shall serve to extend the 15-working-day period in which the employer must contest.

B. The notice of contest shall indicate whether the employer is contesting the alleged violation, the proposed penalty or the abatement time.

C. Employees may contest abatement orders by notifying the commissioner in the same manner as described in subsection A of this section.

D. The employer's contest of a citation or proposed penalty shall not affect the citation posting requirements of 16VAC25-60-40 unless and until the court ruling on the contest vacates the citation.

E. When the commissioner has received written notification of a contest of citation or proposed penalty, he will attempt to resolve the matter by settlement, using the procedures of 16VAC25-60-330 and 16VAC25-60-340.

F. If the matter is not settled or it is determined that settlement does not appear probable, the commissioner will initiate judicial proceedings by referring the contested issues to the appropriate Commonwealth's Attorney and arranging for the filing of a bill of complaint and issuance of a subpoena to the employer.

G. A contest of the proposed penalty only shall not stay the time for abatement.

History

Statutory Authority: §§ 40.1-2.1, 40.1-6, and 40.1-22 of the Code of Virginia; Occupational Safety and Health Act of 1970 (P.L. 91‑596).
Historical Notes: Derived from VR425-02-95 § 6.2, eff. July 1, 1994; amended, Virginia Register Volume 35, Issue 3, eff. November 1, 2018.

16VAC25-60-280 General contest proceedings applicable to the public sector

A. Public employers may contest citations, abatement orders, or proposed penalties by notifying the commissioner in writing of the contest. The notice of contest must be mailed or delivered by hand within 15 working days from receipt of the citation or abatement order. No mistake, inadvertence, or neglect on the part of the employer shall serve to extend the 15-working-day period during which the employer may contest.

B. The notice of contest shall indicate whether the public employer is contesting the alleged violations, the proposed penalty, or the abatement order.

C. Public employees may contest abatement orders by notifying the commissioner in the same manner as described at subsection A of this section.

D. The commissioner shall seek to resolve any controversies or issues rising from a citation issued to any public employer in an informal conference as described in 16VAC25-60-330.

E. The contest by a public employer shall not affect the requirements to post the citation as required at 16VAC25-60-40 unless and until the commissioner's or the court ruling on the contest vacates the citation. A contest of a citation may stay the time permitted for abatement pursuant to § 40.1-49.4 C of the Code of Virginia.

F. A contest of the proposed penalty only shall not stay the time for abatement.

History

Statutory Authority: §§ 40.1-2.1, 40.1-6, and 40.1-22 of the Code of Virginia; Occupational Safety and Health Act of 1970 (P.L. 91‑596).
Historical Notes: Derived from VR425-02-95 § 6.3, eff. July 1, 1994; amended, Virginia Register Volume 35, Issue 3, eff. November 1, 2018.

16VAC25-60-290 Contest proceedings applicable to political subdivisions

A. Where the informal conference has failed to resolve any controversies arising from the citation, and a timely notice of contest has been received regarding a citation issued to a public employer other than the Commonwealth or one of its agencies, the Commissioner of Labor and Industry shall schedule a hearing in accordance with the provisions of §§ 2.2-4019 and 2.2-4021 of the Code of Virginia. Upon conclusion of the hearing, the commissioner will notify all participants within five working days of the decision to affirm, modify or vacate the contested aspects of the citation or abatement order.

B. Public employers may appeal decisions of the commissioner in the manner provided for in §§ 2.2-4025 through 2.2-4029 of the Code of Virginia.

C. Public employees and their authorized representative have full rights to notification and participation in all hearings and appeals as are given private sector employees.

D. If abatement of citations is not accomplished, the commissioner shall seek injunctive relief under § 40.1-49.4 F of the Code of Virginia.

History

Statutory Authority: § 40.1-22 of the Code of Virginia.
Historical Notes: Derived from VR425-02-95 § 6.4, eff. July 1, 1994; amended, Virginia Register Volume 19, Issue 9, eff. March 1, 2003.

16VAC25-60-300 Contest proceedings applicable to the Commonwealth

A. Where the informal conference has failed to resolve any controversies arising from a citation issued to the Commonwealth or one of its agencies, and a timely notice of contest has been received, the Commissioner of Labor and Industry shall refer the case to the Governor, whose written decision on the contested matter shall become a final order of the commissioner.

B. Whenever the Commonwealth or any of its agencies fails to abate a violation within the time provided in an appropriate final order, the Commissioner of Labor and Industry shall formally petition for redress as follows: For violations in the Department of Law, to the Attorney General; for violations in the Office of the Lieutenant Governor, to the Lieutenant Governor; for violations otherwise in the executive branch, to the appropriate cabinet secretary; for violations in the State Corporation Commission, to a judge of the commission; for violations in the Department of Workers' Compensation, to the Chairman of the Workers' Compensation Commission; for violations in the legislative branch of government, to the Chairman of the Senate Committee on Commerce and Labor; for violations in the judicial branch, to the chief judge of the circuit court or to the Chief Justice of the Supreme Court. Where the violation cannot be timely resolved by this petition, the commissioner shall bring the matter to the Governor for resolution.

C. Where abatement of a violation will require the appropriation of funds, the commissioner shall cooperate with the appropriate agency head in seeking such an appropriation; where the commissioner determines that an emergency exists, the commissioner shall petition the governor for funds from the Civil Contingency Fund or other appropriate source.

History

Statutory Authority: §§ 40.1-6 and 40.1-22 of the Code of Virginia.
Historical Notes: Derived from VR425-02-95 § 6.5, eff. July 1, 1994; amended, Virginia Register Volume 22, Issue 25, eff. September 21, 2006.

Part VII Abatement

16VAC25-60-307 Abatement verification

A. Virginia Occupational Safety and Health Program (VOSH) inspections are intended to result in the abatement of violations of the Virginia Occupational Safety and Health Act (§ 40.1-1 of the Code of Virginia). This section sets forth the procedures VOSH will use to ensure abatement. These procedures are tailored to the nature of the violation and the employer's abatement actions.

B. This section applies to employers who receive a citation for a violation of the Virginia Occupational Safety and Health Act.

C. Definitions.

"Abatement" means action by an employer to comply with a cited standard or regulation or to eliminate a recognized hazard identified by VOSH during an inspection.

"Abatement date" means:

For an uncontested citation item, the later of:

a. The date in the citation for abatement of the violation;

b. The date approved by VOSH or established in litigation as a result of a petition for modification of the abatement date (PMA); or

c. The date established in a citation by an informal settlement agreement.

For a contested citation item, the date established in a formal settlement agreement between VOSH and the employer, or for a contested citation item for which a Virginia circuit court has issued an order affirming the violation, the later of:

a. The date identified in the final order;

b. The date computed by adding the period allowed in the citation for the abatement to the final order date; or

c. The date established by an agreed order.

"Affected employees" means those employees who are exposed to the hazard(s) identified as violation(s) in a citation.

"Final order date" means:

For an uncontested citation item, the 15th working day after the employer's receipt of the citation;
For a contested citation item:

a. The date that a formal settlement agreement is signed by VOSH;

b. The 30th day after the date on which a decision or order of a circuit court judge has been entered; or

c. The date on which the Virginia Court of Appeals issues a decision affirming the violation in a VOSH case.

"Movable equipment" means a hand-held or nonhand-held machine or device, powered or unpowered, that is used to do work and is moved within or between worksites.

D. Abatement certification.

Within 10 calendar days after the abatement date, the employer must certify to the department that each cited violation has been abated, except as provided in subdivision 2 of this subsection.
The employer is not required to certify abatement if the VOSH compliance officer, during the on-site portion of the inspection:

a. Observes within 24 hours after a violation is identified that abatement has occurred; and

b. Notes in the citation that abatement has occurred.

The employer's certification that abatement is complete must include, for each cited violation, in addition to the information required by subsection I of this section, the date and method of abatement and a statement that affected employees and their representatives have been informed of the abatement. A sample abatement certification letter is shown as Form A.

E. Abatement documentation.

The employer must submit to the department, along with the information on abatement certification required by subdivision D 3 of this section documents demonstrating that abatement is complete for each willful or repeat violation and for any serious violation for which the department indicates in the citation that such abatement documentation is required.
Documents demonstrating that abatement is complete may include, but are not limited to, evidence of the purchase or repair of equipment, photographic or video evidence of abatement, or other written records.

F. Abatement plans.

The department may require an employer to submit an abatement plan for each cited violation (except an other-than-serious violation) when the time permitted for abatement is more than 90 calendar days. If an abatement plan is required, the citation must so indicate.
The employer must submit an abatement plan for each cited violation within 25 calendar days from the final order date when the citation indicates that such a plan is required. The abatement plan must identify the violation and the steps to be taken to achieve abatement, including a schedule for completing abatement and, where necessary, how employees will be protected from exposure to the violative condition in the interim until abatement is complete. A sample abatement plan is shown as Form B.

G. Progress reports.

An employer who is required to submit an abatement plan may also be required to submit periodic progress reports for each cited violation. The citation must indicate:

a. That periodic progress reports are required and the citation items for which they are required;

b. The date on which an initial progress report must be submitted, which may be no sooner than 30 calendar days after submission of an abatement plan;

c. Whether additional progress reports are required; and

d. The date or dates on which additional progress reports must be submitted.

For each violation, the progress report must identify, in a single sentence if possible, the action taken to achieve abatement and the date the action was taken. A sample progress report is shown as Form B.

H. Employee notification.

The employer must inform affected employees and their representatives about abatement activities covered by this section by posting a copy of each document submitted to the department or a summary of the document near the place where the violation occurred.
Where such posting does not effectively inform employees and their representatives about abatement activities (for example, for employers who have mobile work operations), the employer must:

a. Post each document or a summary of the document in a location where it will be readily observable by affected employees and their representatives; or

b. Take other steps to communicate fully to affected employees and their representatives about abatement activities.

The employer must inform employees and their representatives of their right to examine and copy all abatement documents submitted to the department.

a. An employee or an employee representative must submit a request to examine and copy abatement documents within three working days of receiving notice that the documents have been submitted.

b. The employer must comply with an employee's or employee representative's request to examine and copy abatement documents within five working days of receiving the request.

The employer must ensure that notice to employees and employee representatives is provided at the same time or before the information is provided to the department and that abatement documents are:

a. Not altered, defaced, or covered by other material; and

b. Remain posted for three working days after submission to the department.

I. Transmitting abatement documents.

The employer must include, in each submission required by this section, the following information:

a. The employer's name and address;

b. The inspection number to which the submission relates;

c. The citation and item numbers to which the submission relates;

d. A statement that the information submitted is accurate; and

e. The signature of the employer or the employer's authorized representative.

The date of postmark is the date of submission for mailed documents. For documents transmitted by other means, the date the department receives the document is the date of submission.

J. Movable equipment.

For serious, repeat, and willful violations involving movable equipment, the employer must attach a warning tag or a copy of the citation to the operating controls or to the cited component of equipment that is moved within the worksite or between worksites. Attaching a copy of the citation to the equipment is deemed by VOSH to meet the tagging requirement of this section as well as the posting requirement of 16VAC25-60-40.
The employer must use a warning tag that properly warns employees about the nature of the violation involving the equipment and identifies the location of the citation issued. Form C is a sample tag that employers may use to meet this requirement.
If the violation has not already been abated, a warning tag or copy of the citation must be attached to the equipment:

a. For hand-held equipment, immediately after the employer receives the citation; or

b. For nonhand-held equipment, prior to moving the equipment within or between worksites.

For the construction industry, a tag that is designed and used in accordance with 16VAC25-175-1926.20(b)(3) and 16VAC25-175-1926.200(h) is deemed by VOSH to meet the requirements of this section when the information required by subdivision 2 of this subsection is included on the tag.
The employer must ensure that the tag or copy of the citation attached to movable equipment is not altered, defaced, or covered by other material.
The employer must ensure that the tag or copy of the citation attached to movable equipment remains attached until:

a. The violation has been abated and all abatement verification documents required by this chapter have been submitted to the department;

b. The cited equipment has been permanently removed from service or is no longer within the employer's control; or

c. The Virginia circuit court issues a final order vacating the citation.

History

Statutory Authority: § 40.1-22(5) of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 4, eff. December 15, 1997.

16VAC25-60-310 Contest of abatement period

A. The employer, employees, or employee representative may, by written notification to the commissioner, contest the time permitted for abatement.

B. The notice of contest of abatement period must be in writing and shall have been delivered by hand or mailed to the commissioner within 15 working days from the date of the receipt of the citation and order of abatement.

C. The same procedures and requirements used for contest of citation and penalty, set forth at 16VAC25-60-270, 16VAC25-60-280, 16VAC25-60-290, and 16VAC25-60-300, shall apply to contests of abatement period.

D. The time permitted for abatement, if contested in good faith and not merely for delay, does not begin to run until the entry of a final order of the circuit court.

History

Statutory Authority: § 40.1-22(5) of the Code of Virginia.
Historical Notes: Derived from VR425-02-95 § 7.1, eff. July 1, 1994.

16VAC25-60-320 Extension of abatement time

A. Where an extension of abatement is sought concerning a final order of the commissioner or of a court, the extension can be granted as an exercise of the enforcement discretion of the commissioner. While the extension is in effect the commissioner will not seek to cite the employer for failure to abate the violation in question. The employer shall carry the burden of proof to show that an extension should be granted.

B. The commissioner will consider a written petition for an extension of abatement time if the petition is mailed to or received by the commissioner prior to the expiration of the established abatement time.

C. A written petition requesting an extension of abatement time shall include the following information:

All steps taken by the employer, and the dates such actions were taken, in an effort to achieve compliance during the prescribed abatement period;
The specific additional abatement time necessary in order to achieve compliance;
The reasons such additional time is necessary, such as the unavailability of professional or technical personnel or of materials and equipment, or because necessary construction or alteration of facilities cannot be completed by the original abatement date;
All available interim steps being taken to safeguard the employees against the cited hazard during the abatement period; and
A certification that a copy of the petition has been posted and served on the authorized representative of affected employees, if there is one, in accordance with 16VAC25-60-40, and a certification of the date upon which such posting and service was made.

D. A written petition requesting an extension of abatement which is filed with the commissioner after expiration of the established abatement time will be accepted only if the petition contains an explanation satisfactory to the commissioner as to why the petition could not have been filed in a timely manner.

The employer is to notify the commissioner as soon as possible.
Notification of the exceptional circumstances which prevents compliance within the original abatement period shall accompany a written petition which includes all information required in subsection C of this section.

E. The commissioner will not make a decision regarding such a petition until the expiration of 15 working days from the date the petition was posted or served.

F. Affected employees, or their representative, may file a written objection to a petition for extension of abatement time. Such objections must be received by the commissioner within 10 working days of the date of posting of the employer's petition. Failure to object within the specified time period shall constitute a waiver of any right to object to the request.

G. When affected employees, or their representatives object to the petition, the commissioner will attempt to resolve the issue in accordance with 16VAC25-60-330. If the matter is not settled or settlement does not appear probable, objections will be heard in the manner set forth in subsection I of this section.

H. The employer or an affected employee may seek review of an adverse decision regarding the petition for extension of abatement to the Commissioner of Labor and Industry within five working days after receipt of the commissioner's decision.

I. An employee's objection not resolved under subsection G of this section or an employer or employee appeal under subsection H of this section will be heard using the procedures of §§ 2.2-4019 and 2.2-4021 of the Code of Virginia. Burden of proof for a hearing under subsection G of this section shall lie with the employer. Burden of proof for an appeal under subsection H of this section shall lie with the party seeking review.

All parties shall be advised of the time and place of the hearing by the commissioner.
All parties will be advised of the decision within 15 working days of the hearing.

History

Statutory Authority: §§ 40.1-6 and 40.1-22 of the Code of Virginia.
Historical Notes: Derived from VR425-02-95 § 7.2, eff. July 1, 1994; amended, Virginia Register Volume 19, Issue 9, eff. March 1, 2003; Volume 22, Issue 25, eff. September 21, 2006.

Part VIII Review and Settlement

16VAC25-60-330 Informal conference

A. An informal conference may be held for the purpose of discussing any issue raised by the inspection, citation, abatement order, proposed penalty, notice of contest, or any other disputed issue.

B. The employer, an employee, or an employee representative may request an informal conference. Neither the conference nor a request for a conference shall stay the running of time allowed for abatement of a cited violation or the time allowed for filing a notice of contest of the citation, abatement period or proposed penalty.

C. The informal conference will be held by the commissioner. However, other personnel of the Department of Labor and Industry, Department of Health, and any other state department or agency may participate as deemed necessary.

D. The time and location of the informal conference shall be at the discretion of the commissioner, except that the conference shall not be held at the employer's work site.

E. An employee representative shall be given the opportunity to participate in a conference requested by the employer. This same right will be extended to the employer when an informal conference is requested by employees. It is the duty of the employer, if he has requested a conference, to notify the employees by the means described in 16VAC25-60-40 as soon as the time and place of the conference have been established. Upon granting an employee request for a conference, the commissioner is responsible for notifying the employer. The commissioner, at his discretion, may conduct separate portions of the conference with the employer and employee representative.

F. During or following the conference the commissioner may affirm or amend the citations, penalties, or abatement period if the order has not become final. The commissioner shall notify the employer in writing of his decision. The employer shall notify employees of this decision in the manner set forth in 16VAC25-60-40.

G. The failure to request an informal conference before the expiration of 15 working days does not preclude settlement at a later stage of the proceedings if a notice of contest has been timely filed.

History

Statutory Authority: § 40.1-22(5) of the Code of Virginia.
Historical Notes: Derived from VR425-02-95 § 8.1, eff. July 1, 1994.

16VAC25-60-340 Settlement

A. Settlement negotiations may be held for the purpose of resolving any dispute regarding an inspection, citation, order of abatement, proposed penalty, or any other matter involving potential litigation. Settlement is encouraged at any stage of a proceeding until foreclosed by an order becoming final. It is the policy of the commissioner that the primary goal of all occupational safety and health activity is the protection of worker safety, health and welfare; all settlements shall be guided by this policy.

B. Settlement negotiations will ordinarily take place in the medium of an informal conference. Employees shall be given notice of scheduled settlement discussions and shall be given opportunity to participate in the manner provided for in 16VAC25-60-330 E.

C. Where a settlement with the employer is reached before the 15th working day after receipt of a citation, order of abatement, or proposed civil penalty, and no notice of contest has been filed, the commissioner shall forthwith prepare a settlement agreement noting any changes to the citation, order of abatement, or proposed civil penalty, as agreed. The agreement shall contain a statement to the following effect: " As part of the written agreement, the employer has waived his right to file a notice of contest to this order. This agreement shall not be construed as an admission by the employer of civil liability for any violation alleged by the commissioner."

D. Following receipt of an employer's timely notice of contest, the commissioner will immediately notify the appropriate Commonwealth's Attorney and may delay the initiation of judicial proceedings until settlement opportunities have been exhausted.

During this period, the commissioner may agree to amend the citation, order of abatement, or proposed civil penalty. The settlement agreement shall contain a statement to the following effect: " The employer, by his signature below, agrees to withdraw his notice of contest filed in this matter and not to contest the amended citation. This agreement shall not be construed as an admission by the employer of civil liability for any violation alleged by the commissioner."
At the end of this period, if settlement negotiations are not successful, the commissioner will initiate judicial proceedings by causing a bill of complaint to be filed and turning over the contested case to the Commonwealth's Attorney.

E. Employees or their representative have the right to contest abatement orders arising out of settlement negotiations if the notice is timely filed with the commissioner within 15 working days of issuance of the agreement and abatement order. Upon receipt of a timely notice of contest the commissioner will initiate judicial proceedings.

F. After a bill of complaint has been filed, any settlement shall be handled through the appropriate Commonwealth's Attorney and shall be embodied in a proposed order and presented for approval to the court before which the matter is pending. Every such order shall bear the signatures of the parties or their counsel; shall provide for abatement of any violation for which the citation is not vacated; shall provide that the employer's agreement not be construed as an admission of civil liability; and may permit the commissioner, when good cause is shown by the employer, to extend any abatement period contained within the order.

History

Statutory Authority: §§ 40.1-6 and 40.1-22 of the Code of Virginia.
Historical Notes: Derived from VR425-02-95 § 8.2, eff. July 1, 1994; amended, Virginia Register Volume 22, Issue 25, eff. September 21, 2006.

Agency 30 Virginia Workers' Compensation Commission

Chapter 12 Public Participation Guidelines

Part I Purpose and Definitions

16VAC30-12-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Virginia Workers' Compensation Commission. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 65.2-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

16VAC30-12-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Virginia Workers' Compensation Commission, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 65.2-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part II Notification of Interested Persons

16VAC30-12-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 65.2-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

16VAC30-12-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 16VAC30-12-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 65.2-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part III Public Participation Procedures

16VAC30-12-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 65.2-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

16VAC30-12-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 65.2-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

16VAC30-12-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 65.2-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

16VAC30-12-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 65.2-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

16VAC30-12-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 65.2-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

16VAC30-12-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 65.2-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

16VAC30-12-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 65.2-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Chapter 60 Procedural Regulations Governing the Administration of Medical Costs Peer Review by the Regional Peer Review Committees under the Virginia Workers' Compensation Act [Repealed]

Part I General Information [Repealed]

16VAC30-60-10 (Repealed.)

History

Historical Notes: Derived from VR405-02-01 § 1.1, eff. Jan. 9, 1981; amended July 16, 1993; repealed, Virginia Register Volume 39, Issue 6, eff. December 23, 2022.

16VAC30-60-20 (Repealed.)

History

Historical Notes: Derived from VR405-02-01 § 1.2, eff. Jan. 9, 1981; amended July 16, 1993; repealed, Virginia Register Volume 39, Issue 6, eff. December 23, 2022.

16VAC30-60-30 (Repealed.)

History

Historical Notes: Derived from VR405-02-01 § 1.3, eff. Jan. 9, 1981; July 16, 1993; repealed, Virginia Register Volume 39, Issue 6, eff. December 23, 2022.

16VAC30-60-40 (Repealed.)

History

Historical Notes: Derived from VR405-02-01 § 1.4, eff. Jan. 9, 1981; July 16, 1993; repealed, Virginia Register Volume 39, Issue 6, eff. December 23, 2022.

16VAC30-60-50 (Repealed.)

16VAC30-60-70 (Repealed.)

History

Historical Notes: Derived from VR405-02-01 § 1.7, eff. Jan. 9, 1981; July 16, 1993; repealed, Virginia Register Volume 39, Issue 6, eff. December 23, 2022.

Part II Initial Review [Repealed]

16VAC30-60-80 (Repealed.)

History

Historical Notes: Derived from VR405-02-01 § 2.1, eff. Jan. 9, 1981; July 16, 1993; repealed, Virginia Register Volume 39, Issue 6, eff. December 23, 2022.

16VAC30-60-90 (Repealed.)

History

Historical Notes: Derived from VR405-02-01 § 2.2, eff. Jan. 9, 1981; July 16, 1993; repealed, Virginia Register Volume 39, Issue 6, eff. December 23, 2022.

16VAC30-60-100 (Repealed.)

History

Historical Notes: Derived from VR405-02-01 § 2.3, eff. Jan. 9, 1981; July 16, 1993; repealed, Virginia Register Volume 39, Issue 6, eff. December 23, 2022.

16VAC30-60-110 (Repealed.)

History

Historical Notes: Derived from VR405-02-01 § 2.4, eff. Jan. 9, 1981; July 16, 1993; repealed, Virginia Register Volume 41, Issue 5, eff. December 5, 2024.

Part III Informal Hearing Procedures [Repealed]

16VAC30-60-120 (Repealed.)

History

Historical Notes: Derived from VR405-02-01 § 3.1, eff. Jan. 9, 1981; July 16, 1993; repealed, Virginia Register Volume 41, Issue 5, eff. December 5, 2024.

16VAC30-60-130 (Repealed.)

History

Historical Notes: Derived from VR405-02-01 § 3.2, eff. Jan. 9, 1981; July 16, 1993; repealed, Virginia Register Volume 41, Issue 5, eff. December 5, 2024.

Part IV Appeal [Repealed]

16VAC30-60-140 (Repealed.)

History

Historical Notes: Derived from VR405-02-01 § 4.1, eff. Jan. 9, 1981; July 16, 1993; repealed, Virginia Register Volume 41, Issue 5, eff. December 5, 2024.

Chapter 70 Plan of Operation for the Medical Costs Peer Review Statewide Coordinating Committee under the Virginia Workers' Compensation Act [Repealed]

Part I General Information [Repealed]

16VAC30-70-10 (Repealed.)

History

Historical Notes: Derived from VR405-02-02 § 1.1, eff. Jan. 9, 1981; July 16, 1993; repealed, Virginia Register Volume 39, Issue 6, eff. December 23, 2022.

16VAC30-70-20 (Repealed.)

History

Historical Notes: Derived from VR405-02-02 § 1.2, eff. Jan. 9, 1981; July 16, 1993; repealed, Virginia Register Volume 39, Issue 6, eff. December 23, 2022.

16VAC30-70-30 (Repealed.)

History

Historical Notes: Derived from VR405-02-02 § 1.3, eff. Jan. 9, 1981; July 16, 1993; repealed, Virginia Register Volume 39, Issue 6, eff. December 23, 2022.

16VAC30-70-40 (Repealed.)

Part II Meetings of the Committee [Repealed]

16VAC30-70-50 (Repealed.)

History

Historical Notes: Derived from VR405-02-02 § 2.1, eff. Jan. 9, 1981; July 16, 1993; repealed, Virginia Register Volume 39, Issue 6, eff. December 23, 2022.

16VAC30-70-60 (Repealed.)

History

Historical Notes: Derived from VR405-02-02 § 2.2, eff. Jan. 9, 1981; July 16, 1993; repealed, Virginia Register Volume 39, Issue 6, eff. December 23, 2022.

Part III Peer Review System [Repealed]

16VAC30-70-70 (Repealed.)

History

Historical Notes: Derived from VR405-02-02 § 3.1, eff. Jan. 9, 1981; July 16, 1993; repealed, Virginia Register Volume 39, Issue 6, eff. December 23, 2022.

16VAC30-70-80 (Repealed.)

History

Historical Notes: Derived from VR405-02-02 § 3.2, eff. Jan. 9, 1981; July 16, 1993; repealed, Virginia Register Volume 39, Issue 6, eff. December 23, 2022.

16VAC30-70-90 (Repealed.)

History

Historical Notes: Derived from VR405-02-02 § 3.3, eff. Jan. 9, 1981; July 16, 1993; repealed, Virginia Register Volume 39, Issue 6, eff. December 23, 2022.

Part IV Staff [Repealed]

16VAC30-70-100 (Repealed.)

History

Historical Notes: Derived from VR405-02-02 § 4.1, eff. Jan. 9, 1981; July 16, 1993; repealed, Virginia Register Volume 39, Issue 6, eff. December 23, 2022.

Part V Forms and Reports [Repealed]

16VAC30-70-110 (Repealed.)

History

Historical Notes: Derived from VR405-02-02 § 5.1, eff. Jan. 9, 1981; July 16, 1993; repealed, Virginia Register Volume 39, Issue 6, eff. December 23, 2022.

16VAC30-70-120 (Repealed.)

History

Historical Notes: Derived from VR405-02-02 § 5.2, eff. Jan. 9, 1981; July 16, 1993; repealed, Virginia Register Volume 39, Issue 6, eff. December 23, 2022.

Agency 35 Department of Workforce Development and Advancement (Virginia Works)

Chapter 10 Public Participation Guidelines

Part I Purpose and Definitions

16VAC35-10-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department of Workforce Development and Advancement. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: § 2.2-2037 of the Code of Virginia.
Historical Notes: Former 16VAC20-11-10 derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; amended and renumbered as 16VAC35-10-10, Virginia Register Volume 42, Issue 12, eff. January 26, 2026.

16VAC35-10-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Department of Workforce Development and Advancement, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: § 2.2-2037 of the Code of Virginia.
Historical Notes: Former 16VAC20-11-20 derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; amended and renumbered as 16VAC35-10-20, Virginia Register Volume 42, Issue 12, eff. January 26, 2026.

Part II Notification of Interested Persons

16VAC35-10-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: § 2.2-2037 of the Code of Virginia.
Historical Notes: Former 16VAC20-11-30 derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; renumbered as 16VAC35-10-30, Virginia Register Volume 42, Issue 12, eff. January 26, 2026.

16VAC35-10-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 16VAC20-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: § 2.2-2037 of the Code of Virginia.
Historical Notes: Former 16VAC20-11-40 derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; renumbered as 16VAC35-10-40, Virginia Register Volume 42, Issue 12, eff. January 26, 2026.

Part III Public Participation Procedures

16VAC35-10-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: § 2.2-2037 of the Code of Virginia.
Historical Notes: Former 16VAC20-11-50 derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; amended, Virginia Register Volume 33, Issue 19, eff. June 30, 2017; renumbered as 16VAC35-10-50, Virginia Register Volume 42, Issue 12, eff. January 26, 2026.

16VAC35-10-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: § 2.2-2037 of the Code of Virginia.
Historical Notes: Former 16VAC20-11-60 derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; renumbered as 16VAC35-10-60, Virginia Register Volume 42, Issue 12, eff. January 26, 2026.

16VAC35-10-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: § 2.2-2037 of the Code of Virginia.
Historical Notes: Former 16VAC20-11-70 derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; renumbered as 16VAC35-10-70, Virginia Register Volume 42, Issue 12, eff. January 26, 2026.

16VAC35-10-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: § 2.2-2037 of the Code of Virginia.
Historical Notes: Former 16VAC20-11-80 derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; renumbered as 16VAC35-10-80, Virginia Register Volume 42, Issue 12, eff. January 26, 2026.

16VAC35-10-90 Meetings

History

Statutory Authority: § 2.2-2037 of the Code of Virginia.
Historical Notes: Former 16VAC20-11-90 derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; renumbered as 16VAC35-10-90, Virginia Register Volume 42, Issue 12, eff. January 26, 2026.

16VAC35-10-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: § 2.2-2037 of the Code of Virginia.
Historical Notes: Former 16VAC20-11-100 derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; renumbered as 16VAC35-10-100, Virginia Register Volume 42, Issue 12, eff. January 26, 2026.

16VAC35-10-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: § 2.2-2037 of the Code of Virginia.
Historical Notes: Former 16VAC29-11-110 derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; renumbered as 16VAC35-10-110, Virginia Register Volume 42, Issue 12, eff. January 26, 2026.