Vol. 28 Iss. 6 - November 21, 2011

Chapter 137
Final Regulation

Titles of Regulations: 16VAC25-90. Federal Identical General Industry Standards (amending 16VAC25-90-1910.33, 16VAC25-90-1910.34, 16VAC25-90-1910.35, 16VAC25-90-1910.36, 16VAC25-90-1910.132, 16VAC25-90-1910.134, 16VAC25-90-1910.141, 16VAC25-90-1910.184, 16VAC25-90-1910.440, 16VAC25-90-1910.1001, 16VAC25-90-1910.1003, 16VAC25-90-1910.1017, 16VAC25-90-1910.1018, 16VAC25-90-1910.1020, 16VAC25-90-1910.1025, 16VAC25-90-1910.1027, 16VAC25-90-1910.1028, 16VAC25-90-1910.1029, 16VAC25-90-1910.1030, 16VAC25-90-1910.1043, 16VAC25-90-1910.1044, 16VAC25-90-1910.1045, 16VAC25-90-1910.1047, 16VAC25-90-1910.1050, 16VAC25-90-1910.1051, 16VAC25-90-1910.1450; adding Appendix C to § 1910.134, Appendix A to § 1910.1450).

16VAC25-100. Federal Identical Shipyard Employment Standards (amending Appendix A to Subpart B of Part 1915, 16VAC25-100-1915.112, 16VAC25-100-1915.118, 16VAC25-100-1915.152, 16VAC25-100-1915.1001, Appendix C to § 1915.1001; adding 16VAC25-100-1915.113).

16VAC25-120. Federal Identical Marine Terminals Standards (amending 16VAC25-120-1917.2, 16VAC25-120-1917.127).

16VAC25-130. Federal Identical Longshoring Standards for Hazard Communications (amending 16VAC25-130-1918.2, 16VAC25-130-1918.95).

16VAC25-137. Federal Identical Gear Certification (adding 16VAC25-137-1919.6, 16VAC25-137-1919.11, 16VAC25-137-1919.12, 16VAC25-137-1919.15, 16VAC25-137-1919.18).

16VAC25-175. Federal Identical Construction Industry Standards (amending 16VAC25-175-1926.60, 16VAC25-175-1926.62, 16VAC25-175-1926.1101, 16VAC25-175-1926.1127; adding 16VAC25-175-1926.251).

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.

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


In Phase III of its Standards Improvement Project (SIP-III), federal OSHA revised the general industry, maritime, construction, and agricultural standards by removing or revising individual requirements within rules that were confusing, outdated, duplicative, or inconsistent. This regulatory action adopts most of SIP-III, including:

1. Revising the title of the Means of Egress standard to "Exit Routes and Emergency Planning;"

2. Adding another compliance alternative to the exit routes standards so employers can comply with the exit-route provisions of either the National Fire Protection Association 2009 Life Safety Code or the International Code Council 2009 International Fire Code;

3. Removing requirements from several general industry substance-specific standards for employers to prepare and maintain training-certification records;

4. Clarifying and updating numerous provisions related to respiratory protection in 16VAC25-90-1910.134, 16VAC25-90-1910.1003, 16VAC25-90-1910.1051, 16VAC25-100-1915.1001, and 16VAC25-175-1926.1101;

5. Revising and updating two definitions of the general environmental controls in 16VAC25-90-1910.141 and 16VAC25-120-1917.127;

6. Updating the standards regulating slings for general industry (16VAC25-90-1910.184), shipyard employment (16VAC25-100-1915.112, 16VAC25-100-1915.113, and 16VAC25-100-1915.118), and construction (16VAC25-175-1926.251) by removing outdated tables for consistency with current ANSI standards;

7. Removing two obsolete recordkeeping requirements in commercial diving operations standards in 16VAC25-90-1910.440;

8. Removing several standards in toxic and hazardous substances standards that required employers to transfer medical records to the National Institute for Occupational Safety and Health (NIOSH);

9. Revising the monitoring requirements under the lead standards for general industry (16VAC25-90-1910.25) and construction (16VAC25-175-1926.62) to require employers to provide follow-up blood sampling tests when an employee's blood lead level is at or above the numerical criterion for medical removal;

10. Removing an outdated medical recommendation in the standard on occupational exposure to hazardous chemicals in laboratories (16VAC25-90-1910.1450);

11. Clarifying that the original purpose of the shipyard confine-space standard (i.e., that OSHA does not consider abrasive blasting of the external surface of the vessel (the hull) to be hot work);

12. Adding a definition to the longshoring standards of the term "ship's stores" (16VAC25-120-1917.2) to eliminate confusion regarding the meaning of this term; and

13. Adding updated OSHA requirements for inspecting a vessel's cargo-handling gear consistent with ILO Convention 152 (16VAC25-137-1919.6, 16VAC25-137-1919.11, 16VAC25-137-1919.12, and 16VAC25-137-1919.15) to mandate that gear be thoroughly examined before initial use, as well as every 12 months, and retested every five years, instead of every four years.

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1910, Occupational Safety and Health Standards; 29 CFR Part 1915, Occupational Safety and Health Standards for Shipyard Employment; 29 CFR Part 1917, Marine Terminals Standards; 29 CFR Part 1918, Safety and Health Regulations for Longshoring; 29 CFR Part 1919, Gear Certification; and 29 CFR Part 1926, Safety and Health Regulations for Construction 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. 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 Phase III of federal OSHA's final rule for the Standards Improvement Project, with an effective date of January 15, 2012. The only standards of Phase III not adopted by the board were 29 CFR 1910.6, 29 CFR 1926.51, and 29 CFR 1928.110.

Federal Terms and State Equivalents: When the regulations as set forth in the revised final rule for Standards Improvement Project - Phase III 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:

Federal Terms

VOSH Equivalent

29 CFR

VOSH Standard

Assistant Secretary

Commissioner of Labor and Industry



July 8, 2011

January 15, 2012

VA.R. Doc. No. R12-3035; Filed November 2, 2011, 9:55 a.m.