Titles of Regulations: 16VAC25-175. Federal Identical Construction Industry Standards (amending 16VAC25-175-1926.251).

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 john.crisanti@doli.virginia.gov.

Summary:

In the final rule for OSHA's Standards Improvement Project - Phase III (June 8, 2011), federal OSHA stated that it was amending its standards regulating slings for general industry, shipyard employment, and construction by removing outdated tables that specify safe working loads and revising other provisions that referenced the outdated tables. In replacing these tables, federal OSHA added requirements that prohibit employers from loading slings in excess of the recommended safe working load prescribed on identification markings located on or attached to each sling; these requirements also prohibit the use of slings that do not have such markings. Although federal OSHA removed the load-capacity tables for slings from several standards, it failed to include in the regulatory text provisions to remove the tables in § 1926.251 (Construction; tables H-1 and H-3 through H-19) and redesignate Table H-2 to H-1 and Table H-20 to H-2. In this action, federal OSHA amended § 1926.251 by removing most of the existing rated capacity tables (H-1 and H-3 through H-19), redesignating Table H-2 as Table H-1 and Table H-20 as Table H-2, and revising paragraphs (b)(5) and (c)(5) to indicate the new table number. This action incorporates these changes into the Virginia construction 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 the Correction and Technical Amendment to federal OSHA's Final Rule for Rigging Equipment for Material Handling Construction Standard, § 1926.251, as published in 77 FR 23117 through 77 23118 on April 18, 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 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: