Title of Regulation: 16VAC25-175. Federal Identical Construction Industry Standards (amending 16VAC25-175-1926.1427).

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

Effective Date: February 15, 2018.

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) adopted a delay to further extend by one year the employer duty to ensure the competency of crane operators involved in construction work. Previously, this duty was scheduled to terminate on November 10, 2017, but now continues for an additional year until November 10, 2018. OSHA also further delayed the deadline for crane operator certification for one year from November 10, 2017, to November 10, 2018.

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 1926 (Construction Industry Standards) is declared a document generally available to the public and appropriate for incorporation by reference. For this reason, the 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, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.

Statement of Final Agency Action: On November 30, 2017, the Safety and Health Codes Board adopted federal OSHA's Cranes and Derricks in Construction: Operator Certification Extension, as published in 82 FR 51986 through 82 FR 51998 on November 9, 2017, with an effective date of February 15, 2018.

Federal Terms and State Equivalents: When the regulations as set forth in the revised final rule for 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: