Vol. 33 Iss. 16 - April 03, 2017

Chapter 90
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).

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

16VAC25-175. Federal Identical Construction Industry Standards (amending Appendix A to 16VAC25-175-1926.55).

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

Effective Date: May 15, 2017.

Agency Contact: Ron Graham, Director, Occupational Health Compliance, Department of Labor and Industry, 600 East Main Street, Suite 207, Richmond, VA 23219, telephone (804) 786-0574, or email


In a final rule, federal Occupational and Safety Health Administration (OSHA) corrected typographical errors in its final rule on occupational exposure to respirable crystalline silica published in the Federal Register on March 25, 2016. The revisions include corrections to the formulas for permissible exposure limits in the pre-2016 final rule.

In this regulatory action, the board is adopting this correcting 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 February 16, 2017, the Safety and Health Codes Board adopted federal OSHA's Occupational Exposure to Respirable Crystalline Silica; Correction, as published in 81 FR 60272 through 81 FR 60274 on September 1, 2016, with an effective date of May 15, 2017.

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



September 1, 2016

May 15, 2017

VA.R. Doc. No. R17-5038; Filed March 2, 2017, 12:48 p.m.