TITLE 16. LABOR AND EMPLOYMENT

SAFETY AND HEALTH CODES BOARD

Final Regulation

Title of Regulation: 16VAC25-90. Federal Identical General Industry Standards (amending 16VAC25-90-1910.1200, Appendices A, B, and C to 16VAC25-90-1910.1200).

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:

On October 9, 2024, the federal Occupational Safety and Health Administration (OSHA) issued a corrections notice and technical amendment to correct errors in a final rule amending the Hazard Communication Standard (HCS) that became effective July 19, 2024. OSHA made corrections to the regulatory text and appendices to the HCS that mainly include classification of hazardous chemicals and information presented on labels and Safety Data Sheets. This final rule correction includes (i) rearranging and renumbering an erroneously numbered portion of paragraph (d) and correcting cross-references; (ii) removing an inadvertently included phrase regarding transmission of labels by electronic or other technological means from paragraph (f)(11); (iii) correcting the contents of Table B.12.1; and (iv) correcting the hazard statements in Table C.4.16.

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, 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 Hazard Communication Standard Final Rule Correction and Technical Amendment, as published in 89 FR 81829 through 89 FR 81836 on October 9, 2024, with an effective date of July 30, 2025.

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: