Title of Regulation: 16VAC25-120. Federal Identical Marine Terminals Standards (amending 16VAC25-120-1917.71).

Statutory Authority: § 40.1-22 of the Code of Virginia.

Effective Date: September 1, 2014.

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, or email crisanti.john@dol.gov.

Summary:

In a final rule, federal Occupational Safety & Health Administration (OSHA) implemented a court-ordered remand of certain portions of the standard for vertical tandem lifts (VTLs) by limiting the application of the corner-casting and interbox-connector inspection requirements to shore-to-ship VTLs and removing the tandem lifts of platform containers from the scope of the VTL standard. This action incorporates these changes into the Virginia standards for marine terminals.

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1917 (Marine Terminals) 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, 201 North 9th Street, Richmond, Virginia 23219.

Statement of Final Agency Action: On June 5, 2014, the Safety and Health Codes Board adopted federal OSHA's final rule and remand for Terminals Handling Intermodal Containers or Roll-On Roll-Off Operations; Vertical tandem lifts, as published in 79 FR 22018 through 79 FR 22020 on April 21, 2014, with an effective date of July 21, 2014.

Federal Terms and State Equivalents: When the regulations as set forth in the revised final rule for Marine Terminals 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: