TITLE 16. LABOR AND EMPLOYMENT

SAFETY AND HEALTH CODES BOARD

Final Regulation

Title of Regulation: 16VAC25-175. Federal Identical Construction Industry Standards (amending 16VAC25-175-1926.95).

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

Effective Date: July 30, 2025.

Agency Contact: Cristin Bernhardt, Regulatory Coordinator, Department of Labor and Industry, 6606 West Broad Street, Suite 500, Richmond, VA 23230, telephone (804) 786-2392, FAX (804) 786-8418, or email cristin.bernhardt@doli.virginia.gov.

Summary:

In a final rule, federal Occupational Safety and Health Administration (OSHA) amended the Construction Industry Standards for Personal Protective Equipment (PPE). The final rule requires all employers to ensure that PPE is (i) of safe design and construction for the work to be performed and (ii) selected to ensure that it properly fits each affected employee.

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1926 (Construction Industry Standards) has been declared a document generally available to the public and appropriate for incorporation by reference. For this reason, the document will not be printed in the Virginia Register of Regulations. A copy of the document is available for inspection at the Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, Virginia 23219, and at the Office of Registrar of Regulations, General Assembly Building, 201 North Ninth Street, Fourth Floor, Richmond, Virginia 23219.

Statement of Final Agency Action: On March 19, 2025, the Safety and Health Codes Board adopted federal OSHA's Final Rule on Personal Protective Equipment in Construction Standard, as published in 89 FR 100321 through 89 FR 100346 on December 12, 2024, with an effective date of January 13, 2025.

Federal Terms and State Equivalents: When the regulations as set forth in the revised final rule for Construction Industry 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: