Titles of Regulations: 16VAC25-90. Federal Identical General Industry Standards (amending 16VAC25-90-1910.145, 16VAC25-90-1910.147, 16VAC25-90-1910.177).

16VAC25-100. Federal Identical Shipyard Employment Standards (amending 16VAC25-100-1915.92, 16VAC25-100-1915.163, 16VAC25-100-1915.181; adding 16VAC25-100-1915.80, 16VAC25-100-1915.81, 16VAC25-100-1915.82, 16VAC25-100-1915.83, 16VAC25-100-1915.84, 16VAC25-100-1915.85, 16VAC25-100-1915.86, 16VAC25-100-1915.87, Appendix A to 16VAC25-100-1915.87, 16VAC25-100-1915.88, 16VAC25-100-1915.89, Appendix A to 16VAC25-100-1915.89, 16VAC25-100-1915.90, 16VAC25-100-1915.91, 16VAC25-100-1915.93, 16VAC25-100-1915.94, 16VAC25-100-1915.162, 16VAC25-100-1915.164).

Statutory Authority: § 40.1-22(5) of the Code of Virginia; Occupational Safety and Health Act of 1970 (P.L. 91-596).

Effective Date: January 15, 2012, for all sections except 16VAC25-100-1915.89. The effective date of 16VAC25-100-1915.89 is April 15, 2012.

Effective Date: January 15, 2012.

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 has revised Subparts J and N of 29 CFR Part 1910 and Subparts F and J of 29 CFR Part 1915 regarding hazards in general working conditions in shipyard employment. The amendments reflect advances in industry practices and technology, consolidate certain safety and health requirements into a single subpart, and provide protection from hazards not previously addressed, including the control of hazardous energy. The final rule covers diverse working conditions in shipyard employment, including sanitation, medical services and first aid, motor vehicle and pedestrian safety, lighting, housekeeping, and hazardous energy. It applies to all shipyard employment at landside facilities, on vessels, and in vessel sections. The revised final rule does not apply to landside fish-processing facilities, which will continue to be covered by Part 1910, general industry requirements. 16VAC25-90 and 16VAC25-100 are revised accordingly.

The amendments also implement a correction to §§ 1910.145 and 1910.147 of this revised standard, published on July 25, 2011, by federal OSHA.

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1910, Occupational Safety and Health Standards, and 29 CFR Part 1915, Occupational Safety and Health Standards for Shipyard Employment, are declared documents 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 each of these documents is 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.

Statement of Final Agency Action: On October 13, 2011, the Safety and Health Codes Board adopted federal OSHA's revised final rule for (i) Occupational Safety and Health Standards, §§ 1910.145, 1910.147, and 1910.177, and (ii) Occupational Safety and Health Standards for Shipyard Employment, §§ 1915.80 through 1915.94, 1915.162 through 1915.164, and 1915.181 as published in 76 FR 24698 through 24711 on May 2, 2011, with an effective date of April 15, 2012, for § 1915.89 and an effective date of January 15, 2012, for all other sections. The board also adopted the subsequent corrections to §§ 1910.145 and 1910.147 published in 76 FR 44265.

Federal Terms and State Equivalents: When the regulations, as set forth in the revised final rule for Occupational Safety and Health Standards and Occupational Safety and Health Standards for Shipyard Employment 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: