Vol. 33 Iss. 4 - October 17, 2016

Chapter 100
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.

Titles of Regulations: 16VAC25-90. Federal Identical General Industry Standards (amending 16VAC25-90-1910.1000, 16VAC25-90-1910.1053).

16VAC25-100. Federal Identical Shipyard Employment Standards (amending 16VAC25-100-1915.1000, 16VAC25-100-1915.1053).

16VAC25-175. Federal Identical Construction Industry Standards (amending 16VAC25-175-1926.55, 16VAC25-175-1926.1153).

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

Effective Date: December 1, 2016.

Agency Contact: John J. Crisanti, Policy and Planning 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 and Health Administration (OSHA) revised its existing standards for occupational exposure to respirable crystalline silica. The final rule establishes a new permissible exposure limit of 50 micrograms of respirable crystalline silica per cubic meter of air (50 µg/m3) as an eight-hour time-weighted average in all industries covered by the rule, with the exception of agricultural operations covered under 29 CFR Part 1928. The final rule also includes other provisions to protect employees, such as requirements for exposure assessment, methods for controlling exposure, respiratory protection, medical surveillance, hazard communication, and recordkeeping. OSHA has issued a silica standard for general industry and maritime and a separate silica standard for construction to tailor requirements to the circumstances found in these sectors.

In this regulatory action, the board is adopting the final rule.

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1910 (Occupational Safety and Health Standards), 29 CFR 1915 (Shipyard Employment Standards), and 29 CFR Part 1926 (Construction Industry Standards) are declared documents generally available to the public and appropriate for incorporation by reference. For this reason these documents will not be printed in the Virginia Register of Regulations. A copy of each 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 Final Rule on the Occupational Exposure to Respirable Crystalline Silica, as published in 81 FR 16861 through 81 FR 16890 on March 25, 2016, with an effective date of June 23, 2016.

Federal Terms and State Equivalents: When the regulations as set forth in the revised final rule for Occupational Safety and Health Standards, Shipyard Employment Standards, and Construction Industry Standards 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:

Federal Terms

VOSH Equivalent

29 CFR

VOSH Standard

Assistant Secretary

Commissioner of Labor and Industry



June 23, 2016

Startup dates for specific provisions are set in § 1910.1053(l) for general industry and maritime and in § 1926.1153(k) for construction.

December 1, 2016

Startup dates for specific provisions are set in 16VAC25-90-1910.1053(l) for general industry and maritime and in 16VAC25-175-1926.1153(k) for construction.

VA.R. Doc. No. R17-4904; Filed September 20, 2016, 11:03 a.m.