Title of Regulation: 16VAC25-175. Federal Identical Construction Industry Standards (amending 16VAC175-1926.952, 16VAC25-176-1926.1400).

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:

Federal OSHA (i) expanded the digger-derrick exemption in the Cranes and Derricks in Construction Standard to make all digger derricks used in construction work subject to Subpart V of 29 CFR Part 1926 and clarified the text of the digger-derrick exemption; and (ii) revised the Power Transmission and Distribution Standard to require digger derricks to comply with 29 CFR 1926.269.

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 July 18, 2013, the Safety and Health Codes Board adopted federal OSHA's Final Rule for Cranes and Derricks in Construction: Revising the Exemption for Digger Derricks, as published in 78 FR 32116 on May 29, 2013, with an effective date of November 1, 2013.

Federal Terms and State Equivalents: When the regulations as set forth in the Final Rule for Cranes and Derricks in Construction: Revising the Exemption for Digger Derricks 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: