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, C, D, and F to 16VAC25-90-1910.1200).

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

Effective Date: August 28, 2026.

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 January 8, 2026, and February 13, 2026, the federal Occupational Safety and Health Administration (OSHA) issued a second 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. These final rule corrections include technical changes to numbering, titles, and table descriptions in the appendices of 29 CFR 1910-1200.

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, 6606 West Broad Street, Suite 500, Richmond, Virginia 23230, 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 May 14, 2026, the Safety and Health Codes Board adopted federal OSHA's Final Rule to the Hazard Communication Standard (HCS) Second Correction, as published 91 FR 562 through 598 on January 8, 2026, and OSHAs Final Rule to the Hazard Communication Standard (HCS) Second Correction update as published 91 FR 6760 on February 13, 2026, with the effective date of August 28, 2026.

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: