Titles of Regulations: 16VAC25-90. Federal Identical General Industry Standards (amending 16VAC25-90-1910.6, 16VAC25-90-1910.94, 16VAC25-90-1910.133, 16VAC25-90-1910.135, 16VAC25-90-1910.136, Appendix B to Subpart I to Part 1910, 16VAC25-90-1910.252).

16VAC25-100. Federal Identical Shipyard Employment Standards (amending 16VAC25-100-1915.5, 16VAC25-100-1915.153, 16VAC25-100-1915.155, 16VAC25-100-1915.156).

16VAC25-120. Federal Identical Marine Terminals Standards (amending 16VAC25-120-1917.3, 16VAC25-120-1917.91, 16VAC25-120-1917.93, 16VAC25-120-1917.94).

16VAC25-130. Federal Identical Longshoring Standards for Hazard Communications (amending 16VAC25-130-1918.3, 16VAC25-130-1918.101, 16VAC25-130-1918.103, 16VAC25-130-1918.104).

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

Effective Date: April 15, 2010.

Agency Contact: John J. Crisanti, Planning and Evaluation Manager, Department of Labor and Industry, Powers-Taylor Building, 13 South Thirteenth Street, Richmond, VA 23219, telephone (804) 786-4300, FAX (804) 786-8418, TTY (804) 786-2376, or email john.crisanti@doli.virginia.gov.

Summary:

Federal OSHA issued this final rule to revise the personal protective equipment (PPE) sections of its general industry, shipyard employment, longshoring, and marine terminals standards (29 CFR 1910, 1915, 1917 and 1918 of the Code of Federal Regulation) regarding requirements for eye and face protective devices, head protection, and foot protection. Federal OSHA updated the references in its regulations to recognize more recent editions of the applicable national consensus standards, and deleted editions of the national consensus standards that PPE must meet if purchased before a specified date. Additionally, federal OSHA amended paragraph (a)(5)(v)[a] in 29 CFR 1910.94 that requires safety shoes to comply with a specific American National Standards Institute (ANSI) standard. It also amended paragraph (b)(2)(ii)(I) in 29 CFR 1910.252 that requires filter lenses and plates in eye-protective equipment to meet a test for transmission or radiant energy specified by another ANSI standard. In amending these paragraphs, federal OSHA will require this safety equipment to comply with the applicable PPE design provisions in 29 CFR 1910, subpart I.

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1910, General Industry Standards; 29 CFR Part 1915, Shipyard Employment Standards; 29 CFR Part 1917, Marine Terminals Standards; and 29 CFR Part 1918, Longshoring Standards for Hazard Communications are declared documents generally available to the public and appropriate for incorporation by reference. For this reason the documents will not be printed in the Virginia Register of Regulations. Copies of the documents are available for inspection at the Department of Labor and Industry, 13 South 13th Street, Richmond, Virginia 23219, and in the office of the Registrar of Regulations, General Assembly Building, 9th and Broad Streets, Richmond, Virginia 23219.

On January 14, 2010, the Safety and Health Codes Board adopted federal OSHA's revised final rule on Updating OSHA Standards Based on National Consensus Standards; Personal Protective Equipment, as published in 74 FR 46350 on September 9, 2009, with an effective date of April 15, 2010.

Federal Terms and State Equivalents: When the regulations, as set forth in the revised final rule for Updating OSHA Standards Based on National Consensus Standards; Personal Protective Equipment, 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: