REGULATIONS
Vol. 31 Iss. 10 - January 12, 2015

TITLE 16. LABOR AND EMPLOYMENT
SAFETY AND HEALTH CODES BOARD
Chapter 90
Final Regulation

REGISTRAR'S NOTICE: The following regulatory action is exempt from Article 2 of 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 16VAC25-90-1910.67, 16VAC25-90-1910.266).

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

Effective Date: February 15, 2015.

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) has corrected nonsubstantive typographical errors in its standards for Vehicle-mounted elevating and rotating work platforms, 29 CFR 1910.67, and Logging operations, 29 CFR 1910.266. The first typographical error corrected was in the title of a national consensus standards organization referenced in 29 CFR 1910.67(c)(5) by replacing "Automotive" with "American". The second typographical error was in a reference in the Logging operations standard to another federal OSHA standard. Specifically, in 29 CFR 1910.266(d)(1)(iv), which was adopted by the Safety and Health Codes Board on December 19, 1994, federal OSHA, in this final rule, inserted "1910.67" and removed "1910.68". In this regulatory action, the board is adopting these corrections.

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, 201 North 9th Street, Richmond, Virginia 23219.

Statement of Final Agency Action: On December 11, 2014, the Safety and Health Codes Board adopted federal OSHA's final rule for Corrections to the Standards for Vehicle-Mounted Elevating and Rotating Work Platforms, § 1910.67, and Logging Operations, §1910.266, as published in 79 FR 37189-37190 on July 1, 2014, with an effective date of February 15, 2015.

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:

Federal Terms

VOSH Equivalent

29 CFR

VOSH Standard

Assistant Secretary

Commissioner of Labor and Industry

Agency

Department

July 1, 2014

February 15, 2015

VA.R. Doc. No. R15-4256; Filed December 17, 2014, 10:00 a.m.