Title of Regulation: 16VAC25-85. Recording and Reporting Occupational Injuries and Illnesses (amending 16VAC25-85-1904.2, 16VAC25-85-1904.39).

Statutory Authority: §§ 40.1-6 and 40.1-22 of the Code of Virginia.

Effective Date: September 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 revised final rule, federal Occupational Safety & Health Administration (OSHA) made revisions to the reporting and recording requirements in 29 CFR 1904. In 1904.2, the nonmandatory Appendix A to Subpart B updated the list of partially exempted industries to use a list classified by the North American Industry Classification System (NAICS). In 1904.39 the following amendments are made to reportable work-related injuries and illness events: (i) reporting of fatalities resulting from a work-related incident are limited to those occurring within 30 days of the incident; (ii) every in-patient hospitalization (instead of a minimum of three) within eight hours of the hospitalization requires reporting; and (iii) each amputation and loss of an eye resulting from a work-related incident requires reporting within eight hours of the incident. Additional changes include (i) an added method of reporting; (ii) allowing that if the employer does not immediately learn of an incident, the employer is required to report within eight hours of the incident being reported to the employer; and (iii) definitions for "in-patient hospitalization" and "amputation" are added.

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1904 (Recording and Reporting Occupational Injuries and Illnesses) 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 the 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 July 9, 2015, the Safety and Health Codes Board adopted federal OSHA's revised final rule for Occupational Injury and Illness Recording and Reporting Requirements – NAICS Update and Reporting Revisions, as published in 79 FR 56186 through 79 FR 56188 on September 18, 2014, with an effective date of January 1, 2015.

Federal Terms and State Equivalents: When the regulations as set forth in the amendment to Occupational Injury and Illness Recording and Reporting Requirements – NAICS Update and Reporting Revisions 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: