TITLE 16. LABOR AND EMPLOYMENT
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 is also claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 3 of the Code of Virginia, which excludes regulations that consist only of changes in style or form or corrections of technical errors. 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.
Title of Regulation: 16VAC25-90. Federal Identical General Industry Standards (amending 16VAC25-90-1910.1450 Occupational Exposure to Hazardous Chemicals in Laboratories Standard; Technical Amendment to Appendix A).
Statutory Authority: § 40.1-22 of the Code of Virginia.
Effective Date: June 15, 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:
Federal OSHA updated a nonmandatory appendix in its Occupational Exposure to Hazardous Chemicals in Laboratories standard to include the contents of the latest National Academy of Sciences publication entitled "Prudent Practices in the Laboratory: Handling and Management of Chemical Hazards," 2011 edition. This revision addresses current laboratory practices, security, and emergency response, as well as promoting safe handling of highly toxic and explosive chemicals and their waste products. All revisions made were minor and nonsubstantive. This action incorporates these changes into the Virginia general 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) 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 March 14, 2013, the Safety and Health Codes Board adopted federal OSHA's Technical Amendment to the Occupational Exposure to Hazardous Chemicals in Laboratories Standard (Nonmandatory Appendix A, National Research Council Recommendations Concerning Chemical Hygiene in Laboratories), as published in 78 FR 4324 on January 22, 2013, with an effective date of June 15, 2013.
Federal Terms and State Equivalents: When the regulations as set forth in Technical Amendment to the Occupational Exposure to Hazardous Chemicals in Laboratories Standard (Nonmandatory Appendix A, National Research Council Recommendations Concerning Chemical Hygiene in Laboratories) Final Rule 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 |
| Agency | | Department |
| January 22, 2013 | | June 15, 2013 |
VA.R. Doc. No. R13-3642; Filed April 5, 2013, 2:50 p.m.