Vol. 29 Iss. 4 - October 22, 2012

Chapter 175
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: 16VAC25-175. Federal Identical Construction Industry Standards (amending 6VAC25-175-1926.800, 16VAC25-175-1926.856, 16VAC25-175-1926.858).

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


On August 17, 2012, federal OSHA issued a Direct Final Rule, along with a companion notice of proposed rulemaking at 77 FR 49741, that applies the requirements of the August 2010 Final Rule for Cranes and Derricks in Construction to demolition work and underground construction. This Direct Final Rule has applied the same crane rules to underground construction and demolition that were already being used by other construction sectors and has streamlined federal OSHA's standards by eliminating the separate Cranes and Derricks Standard currently used for underground and demolition work.

The Direct Final Rule also corrected several errors introduced in the 2010 rulemaking. To cover all construction work under Subpart CC and to correct errors, federal OSHA has amended (i) §§ 1926.856(c) and 1926.858(b) by replacing the requirements to comply with Subpart DD with requirements to comply with Subpart CC and (ii) § 1926.858(b) by reinstating the requirement to comply with Subpart N as well.

Also, federal OSHA has amended § 1926.800(t) to extend Subpart CC to underground construction and to resolve the technical errors set forth in that section. Federal OSHA has amended the introductory paragraph of § 1926.800(t) to restore the provision allowing employers to use cranes to hoist personnel for routine access to the underground worksites via a shaft without the need to show that conventional means of access are more hazardous or impossible for this purpose. This amendment excepts routine access of employees to an underground worksite via a shaft from the requirements of § 1926.1431(a), requirements that are virtually identical to the requirements of § 1926.550(g)(2). Federal OSHA has also restored § 1926.800(t)(1) through (4) and corrected three minor grammatical errors that appeared in the text of paragraphs § 1926.800(t)(3)(vi), (t)(4)(iii), and (t)(4)(iv) as previously published in the Code of Federal Regulations.

This action incorporates these changes into the Virginia construction industry standards.

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1926 (Construction Industry Standards) is declared a document generally available to the public and appropriate for incorporation by reference. For this reason this document will not be printed in the Virginia Register of Regulations. A copy of this 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 Direct Final Rule for Cranes and Derricks in Construction; Demolition and Underground Construction, as published in 77 FR 49722 through 77 FR 49730 on August 17, 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 Construction Industry Standards is 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



November 15, 2012

January 1, 2013

VA.R. Doc. No. R13-3410; Filed September 28, 2012, 2:48 p.m.