Titles of Regulations: 16VAC25-90. Federal Identical General Industry Standards (amending 16VAC25-90-1910.97, 16VAC25-90-1910.145, 16VAC25-90-1910.261).

16VAC25-175. Federal Identical Construction Industry Standards (amending 16VAC25-175-1926.200, 16VAC175-1926.201, 16VACF25-175-1926.202).

Statutory Authority: § 40.1-22 of the Code of Virginia; Occupational Safety and Health Act of 1970 (P.L. 91-596).

Effective Date: November 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:

On June 13, 2013, federal OSHA issued a Direct Final Rule to update its general industry and construction signage standards by adding references to the latest versions of the American National Standards Institute (ANSI) standards on specifications for accident prevention signs and tags, ANSI Z535.1-2006 (R2011), Z535.2-2011, and Z535.5-2011, along with an identical proposed rule (78 FR 35585). This Direct Final Rule updates the references to ANSI consensus standards in four provisions of OSHA's general industry and construction standards: §§1910.97, Nonionizing radiation; 1910.145, Specifications for accident prevention signs and tags; 1910.261, Pulp, paper, and paper board mills; and 1926.200 Accident prevention signs and tags. OSHA also retained the existing references to the earlier ANSI standards, ANSI Z53.1-1967, Z35.1-1968, and Z35.2-1968, in its signage standards, thereby providing employers an option to comply with the updated or earlier standards. OSHA also incorporated by reference Part VI of the Manual of Uniform Traffic Control Devices (MUTCD), 1988 Edition, Revision 3, into the incorporation-by-reference section of the construction standards, having inadvertently omitted this edition of the MUTCD from §§ 1926.201, Signaling, and 1926.202, Barricades, during an earlier rulemaking and amended citations in two provisions of the construction standards to show the correct incorporation-by-reference section.

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 July 18, 2013, the Safety and Health Codes Board adopted federal OSHA's Direct Final Rule to Update OSHA's Standards Based on National Consensus Standards for Signage, as published in 78 FR 35566 through 78 FR 35567 on June 13, 2013, with an effective date of November 1, 2013.

Federal Terms and State Equivalents: When the regulations as set forth in the Direct Final Rule to Update OSHA's Standards Based on National Consensus Standards for Signage 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: