Title of Regulation: 16VAC25-90. Federal Identical General Industry Standards (amending 16VAC25-90-1910.1043).

Statutory Authority: § 40.1-22 of the Code of Virginia; Occupational Safety and Health Act of 1970 (P.L. 91-596).

Effective Date: February 22, 2019.

Agency Contact: Jay Withrow, Director, Legal Support, Department of Labor and Industry, Main Street Centre, 600 East Main Street, Suite 207, Richmond, VA 23219, telephone (804) 786-9873, FAX (804) 786-8418, or email jay.withrow@doli.virginia.gov.

Summary:

Federal Occupational Safety and Health Administration (OSHA) issued a correction to the Code of Federal Regulations, Part 1910, revised as of July 1, 2017, by removing 29 CFR 1910.1043(i)(1)(i)(A) through (F). The provisions related to an employer's requirement to train each employee exposed to cotton dust and to institute a training program and ensure employee participation in the program. The correction removes the provisions detailing the components for the employer's education and training program.

In this regulatory action, the Safety and Health Codes Board is adopting this correction.

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1910 (Occupational Safety and Health Standards) 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 this 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 8, 2018, the Safety and Health Codes Board adopted federal OSHA's CFR Correction, published in 83 FR 30035 on June 27, 2018, with an effective date of February 22, 2019.

Federal Terms and State Equivalents: When the regulations as set forth in the corrected final rule for Occupational Safety and Health 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: