Vol. 29 Iss. 4 - October 22, 2012

Chapter 90
Final Regulation

REGISTRAR'S NOTICE: The following regulatory action is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia, which excludes regulations that are necessary to meet the requirements of federal law or regulations provided such regulations do not differ materially from those required by federal law or regulation. The Safety and Health Codes Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Titles of Regulations: 16VAC25-90. Federal Identical General Industry Standards (amending 16VAC25-90-1910.217, Appendix C to 16VAC25-90-1910.134).

16VAC25-175. Federal Identical Construction Industry Standards (adding Appendix A to Subpart L of Part 1926).

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

Effective Date: January 1, 2013.

Agency Contact: John J. Crisanti, Planning and Evaluation Manager, Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, VA 23219, telephone (804) 786-4300, FAX (804) 786-8418, TTY (804) 786-2376, or email


Federal OSHA has corrected the medical evaluation questionnaire in Appendix C of its Respiratory Protection Standard, § 1910.134, by removing the term "fits" in a question. Also, it has corrected its Mechanical Power Presses Standard for General Industry, § 1910.217, by restoring requirements that were removed inadvertently from the regulatory text. The final revision to Subpart L of Scaffold Standards for Construction, Part 1926, corrects a cross reference made in two paragraphs in Appendix A. This action incorporates these changes into the Virginia general industry standards and construction industry standards.

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 1926 (Construction Industry Standards) are declared documents generally available to the public and appropriate for incorporation by reference. For this reason these documents will not be printed in the Virginia Register of Regulations. A copy of each document is available for inspection at the Department of Labor and Industry, Main Street Centre, 600 East Main 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 September 12, 2012, the Safety and Health Codes Board adopted federal OSHA's Corrections and Technical Amendments to Multiple Standards as published in 77 FR 46948 through 77 FR 46950 on August 7, 2012, with an effective date of January 1, 2013.

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

Federal Terms

VOSH Equivalent

29 CFR

VOSH Standard

Assistant Secretary

Commissioner of Labor and Industry



August 7, 2012

January 1, 2013

VA.R. Doc. No. R13-3409; Filed September 28, 2012, 2:43 p.m.