Title of Regulation: 16VAC25-175. Federal Identical Construction Industry Standards (amending 16VAC25-175-1926.60).

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

Effective Date: September 15, 2018.

Agency Contact: John J. Crisanti, Policy and Planning 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 john.crisanti@doli.virginia.gov.

Summary:

The federal Occupational Safety and Health Administration (OSHA) corrected its standard for the construction industry by removing subparagraph (o)(8)(ii) of the Methylenedianiline standard, § 1926.60, which specifies procedures for employee record retention in the event an employer ceases to do business and there is no successor. The removal discontinues the requirement to notify the Director of the National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or his designee, at least 90 days prior to disposal of employee records, where an employer ceases to do business and there is no successor to receive and retain the employee records. In this regulatory action, the board is adopting this correction.

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1926 (Occupational Safety and Health Standards) is declared a document 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 each document is 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, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.

Statement of Final Agency Action: On June 14, 2018, the Safety and Health Codes Board adopted federal OSHA's Code of Federal Regulations correction, removing subparagraph (o)(8)(ii) of the Methylenedianiline Standard for the Construction Industry, as published in 83 FR 15499 on April 11, 2018, with an effective date of September 15, 2018.