TITLE 16. LABOR AND EMPLOYMENT
REGISTRAR'S NOTICE: The
following regulatory action is exempt from Article 2 of the Administrative
Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia,
which excludes regulations that are necessary to meet the requirements of
federal law or regulations, provided such regulations do not differ materially
from those required by federal law or regulation. The Safety and Health Codes
Board will receive, consider, and respond to petitions by any interested person
at any time with respect to reconsideration or revision.
Title of Regulation: 16VAC25-90. Federal Identical
General Industry Standards (amending 16VAC25-90-1910.1024).
Statutory Authority: § 40.1-22 of the Code of
Virginia; Occupational Safety and Health Act of 1970 (P.L. 91-596).
Effective Date: February 15, 2019.
Agency Contact: Jay Withrow, Director, Legal Support,
Department of Labor and Industry, Main Street Centre, 600 East Main Street,
Suite 207, Richmond, VA 23219, telephone (804) 786-9873, FAX (804) 786-8418,
or email jay.withrow@doli.virginia.gov.
Summary:
In a final rule, federal Occupational Safety and Health
Administration (OSHA) extended the compliance date for certain ancillary
requirements in the general industry beryllium standard. The provisions
affected include methods of compliance, beryllium work areas, regulated areas,
personal protective clothing and equipment, hygiene areas and practices,
housekeeping, communication of hazards, and recordkeeping. In this regulatory
action, the board adopts this final rule.
Note on Incorporation by Reference: Pursuant to
§ 2.2-4103 of the Code of Virginia, 29 CFR Part 1910 (Occupational
Safety and Health Standards) is declared a document generally available to the
public and appropriate for incorporation by reference. For this reason, this
document will not be printed in the Virginia Register of Regulations. A copy of
this 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 November 8, 2018,
the Safety and Health Codes Board adopted federal OSHA's Limited Extension of
Select Compliance Dates for the Occupational Exposure to Beryllium in General
Industry, as published in 83 FR 39351 through 83 FR 39360 on August 9, 2018,
with an effective date of February 15, 2019.
Federal Terms and State Equivalents: When the
regulations as set forth in the revised final rule for Occupational Safety and
Health Standards 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:
|
Federal Terms
|
VOSH Equivalent
|
|
29 CFR
|
VOSH Standard
|
|
Assistant Secretary
|
Commissioner of Labor and Industry
|
|
Agency
|
Department
|
|
August 9, 2018
|
February 15, 2019
|
VA.R. Doc. No. R19-5757; Filed November 27, 2018, 4:37 p.m.