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 16VAC25-90-1910.106).
Statutory Authority: § 40.1-22 of the Code of
Virginia; Occupational Safety and Health Act of 1970 (P.L. 91-596).
Effective Date: February 22, 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:
Federal Occupational Safety and Health Administration
(OSHA) issued a correction to the Code of Federal Regulations, Part 1910,
revised as of July 1, 2017, regarding 29 CFR 1910.106. The correction
revises the introductory text to § 1910.106, which addresses the
design, construction, capacity, and size of storage containers and portable
tanks for flammable liquids. The revision removes the words "and
combustible" between "Flammable" and "liquid."
In this regulatory action, the Safety and Health Codes
Board is adopting this correction.
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 CFR Correction,
published in 83 FR 30539 on June 29, 2018, with an effective date of February
22, 2019.
Federal Terms and State Equivalents: When the
regulations as set forth in the corrected 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:
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Federal Terms
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VOSH Equivalent
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29 CFR
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VOSH Standard
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Assistant Secretary
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Commissioner of Labor and Industry
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Agency
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Department
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June 27, 2018
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February 22, 2019
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VA.R. Doc. No. R19-5762; Filed December 18, 2018, 9:25 a.m.