Titles of Regulations: 16VAC25-90. Federal Identical General Industry Standards (amend 16VAC25-90-1910.6, 16VAC25-90-1910.133).

16VAC25-100. Federal Identical Shipyard Employment Standards (amend 16VAC25-100-1915.5, 16VAC25-100-1915.153).

16VAC25-120. Federal Identical Marine Terminals Standards (amend 16VAC25-120-1917.3, 16VAC25-120-1917.91).

16VAC25-130. Federal Identical Longshoring Standards for Hazard Communications (amend 16VAC25-130-1918.3, 16VAC25-130-1918.101).

16VAC25-175. Federal Identical Construction Industry Standards (amend 16VAC25-175-1926.6, 16VAC25-175-1926.102).

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 john.crisanti@doli.virginia.gov.

Summary:

In a final rule, federal Occupational Safety and Health Administration (OSHA) updated eye and face protection requirements in OSHA's general industry, shipyard employment, marine terminals, and longshoring standards by incorporating the 2010 ANSI/International Safety Equipment Association (ANSI) standard on occupational and educational eye and face protection devices (ANSI Z87.1-2010) to replace the 1989 version of the standard. Two other prior versions of this consensus standard, ANSI Z87.1-2003 and ANSI Z87.1-1989 (R-1998), were also incorporated as an alternative means of compliance with OSHA's eye and face protection requirements. OSHA also updated the construction industry standard by incorporating ANSI Z87.1-2010, ANSI Z87.1-2003, and ANSI Z87.1-1989 (R-1998) to replace the 1968 version of the standard. In addition, OSHA modified certain existing language to make it nearly identical to the general industry standard's eye and face protection provisions and retained provisions unique to the construction standard that are not covered in the incorporated ANSI standards.

In this regulatory action, the board is adopting this 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), 29 CFR 1917 (Marine Terminals Standards), 29 CFR 1918 (Safety and Health Regulations for Longshoring), 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 Updating OSHA Standards Based on National Consensus Standards; Eye and Face Protection for CFR Parts 1910, 1915, 1917, 1918, and 1926, as published in 81 FR 16090 through 81 FR 16093 on March 25, 2016, with an effective date of December 1, 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; Marine Terminals Standards; Safety and Health Regulations for Longshoring; 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: