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

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

Effective Date: December 1, 2016.

Agency Contact: Holly Raney, Regulatory Coordinator, Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, VA 23219, or email holly.raney@doli.virginia.gov.

Summary:

In a revised final rule, federal Occupational Safety & Health Administration (OSHA) made revisions to 29 CFR 1904.39 to reportable work-related injuries and illness events. Specifically, every inpatient hospitalization resulting from a work-related incident required reporting within 24 hours of the hospitalization and each amputation and loss of an eye resulting from a work-related incident required reporting within 24 hours of the incident. Due to an inadvertent error, the timeframe in 16VAC25-85-1904.39 for these required reports was established as eight hours in 2015. In this regulatory action, the Safety and Health Codes Board is establishing the reporting timeframe as within 24 hours of the hospitalization or the incident to conform to the federal rule.

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 September 13, 2016, the Safety and Health Codes Board adopted federal OSHA's revised final rule for 29 CFR 1904.39, Reporting fatalities, hospitalizations, amputations, and losses of an eye as a result of work-related incidents to OSHA, as published in 79 FR 56187 and 79 FR 56188 on September 18, 2014, with an effective date of December 1, 2016.

Federal Terms and State Equivalents: When the regulations as set forth in the amendment to 29 CFR 1904.39, Reporting fatalities, hospitalizations, amputations, and losses of an eye as a result of work-related incidents to OSHA, 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: