Titles of Regulations: 16VAC25-90. Federal Identical General Industry Standards (amending 16VAC25-90-1910.136, 16VAC25-90-1910.137, Appendix B to Subpart I of Part 1910, 16VAC25-90-1910.269, Appendices A through D to 16VAC25-90-1910.269, 16VAC25-90-1910.331, 16VAC25-90-1910.339; adding Appendices E through G to 16VAC25-90-1910.269).

16VAC25-155. Virginia Construction Industry General Requirements for Clearances, Construction of Electric Transmission and Distribution Lines and Equipment (repealing 16VAC25-155-10).

16VAC25-175. Federal Identical Construction Industry Standards (amending 16VAC25-175-1926.500, 16VAC25-175-1926.950, 16VAC25-175-1926.951, 16VAC25-175-1926.952, 16VAC25-175-1926.953, 16VAC25-175-1926.954, 16VAC25-175-1926.955, 16VAC25-175-1926.956, 16VAC25-175-1926.957, 16VAC25-175-1926.958, 16VAC25-175-1926.959, 16VAC25-175-1926.960, 16VAC25-175-1926.961, 16VAC25-175-1926.962, 16VAC25-175-1926.963, 16VAC25-175-1926.964, 16VAC25-175-1926.965, 16VAC25-175-1926.966, 16VAC25-175-1926.967, 16VAC25-175-1926.968, 16VAC25-175-1926.1053, 16VAC25-175-1926.1400, 16VAC25-175-1926.1410; adding 16VAC25-175-1926.97, Appendices A through G to Subpart V of Part 1926).

Statutory Authority: § 40.1-22 of the Code of Virginia.

Effective Date: September 1, 2014.

Agency Contact: John J. Crisanti, Planning and Evaluation Manager, Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, VA 23219, telephone (804) 786-4300, FAX (804) 786-8418, or email crisanti.john@dol.gov.

Summary:

In a final rule, federal Occupational Safety & Health Administration (OSHA) (i) adopted a new construction standard on electrical protective equipment, 29 CFR 1926.97; (ii) revised the standard on the construction of electric power transmission and distribution lines and equipment, 29 CFR Part 1926, Subpart V; (iii) revised the general industry counterparts to these construction standards, 29 CFR 1910.137 and 1910.269; (iv) revised its general industry standard on foot protection, 29 CFR 1910.136, to require employers to ensure that protective footwear is used to protect an employee from an electrical hazard that remains after the employer takes other necessary protective measures; and (v) made certain editorial and nonsubstantive changes for clarification. OSHA also included numerous comparable appendices in 29 CFR 1910.269 and Subpart V of 29 CFR Part 126 in the final rule. This action incorporates these changes into the Virginia standards, with the exception of the change to 29 CFR 1926.6, Incorporation by reference. Like federal OSHA, VOSH is seeking to use the extended phase-in period for this final rule with the same federal date schedule for implementation so that the additional time granted to employers will serve to reduce the transitional costs associated with this rule.

The new federal final rule provides comprehensive and uniform levels of worker protection across industries that previously were lacking and had been addressed by the board in 2004 through the adoption of 16VAC25-155. Since this Virginia unique regulation is no longer necessary, the board is repealing it as part of this regulatory action.

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1910 (Occupational Safety and Health Standards) and 29 CFR Part 1926 (Safety and Health Regulations for Construction) are declared documents generally available to the public and appropriate for incorporation by reference. For this reason, these documents will not be printed in the Virginia Register of Regulations. A copy of these documents are available for inspection at the Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, Virginia 23219, and in the office of the Registrar of Regulations, General Assembly Building, 201 North 9th Street, Richmond, Virginia 23219.

Statement of Final Agency Action: On June 5, 2014, the Safety and Health Codes Board adopted federal OSHA's final rule for Electric Power Generation, Transmission, Distribution and Electrical Protective Equipment, Parts 1910 and 1926, as published in 79 FR 20316 through 79 FR 20743 on April 11, 2014, with an effective date of July 10, 2014.

Federal Terms and State Equivalents: When the regulations as set forth in the revised final rule for Occupational Safety and Health Standards and Safety and Health Regulations for Construction are applied to the Commissioner of the Department of Labor and Industry or to Virginia employers, the following federal terms shall be considered to read as follows: