Vol. 31 Iss. 10 - January 12, 2015

Chapter 175
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 will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 16VAC25-175. Federal Identical Construction Industry Standards (amending 16VAC25-175-1926.1427).

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


In a final rule, federal Occupational Safety & Health Administration (OSHA) extended for an additional three years (i) the enforcement date for crane operator certification and (ii) the employer's duty to ensure crane operators are competent to operate a crane safely. In this regulatory action, the board is adopting the new federal deadline of November 10, 2017.

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1926 (Safety and Health Regulations for Construction) 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 Cranes and Derricks in Construction: Operator Certification, § 1926.1427(k), as published in 79 FR 57785-57798 on September 26, 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 Safety and Health Regulations for Construction 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



November 10, 2014

February 15, 2015

VA.R. Doc. No. R15-4250; Filed December 17, 2014, 10:02 a.m.