Vol. 35 Iss. 17 - April 15, 2019

Chapter 85
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 regulation, 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.

Title of Regulation: 16VAC25-85. Recording and Reporting Occupational Injuries and Illnesses (amending 16VAC25-85-1904.41).

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

Effective Date: May 15, 2019.

Agency Contact: Jay Withrow, Director of Legal Support, Department of Labor and Industry, 600 East Main Street, Suite 207, Richmond, VA 23219, telephone (804) 786-9873, or email


In a final rule, federal Occupational Safety and Health Administration (OSHA) adopted amendments (i) rescinding the requirement for establishments with 250 or more employees to electronically submit information from OSHA Forms 300 and 301 and (ii) requiring covered employers to submit their employer identification number electronically with their injury and illness data, which will facilitate use of the data and may help reduce duplicative employer reporting.

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

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1904 (Recording and Reporting Occupational Injuries and Illnesses) 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 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 March 19, 2019, the Safety and Health Codes Board adopted federal OSHA's Final Rule for Electronic Submission of Employer Identification Number (EIN) and Injury and Illness Records to OSHA, as published in 84 FR 380 through 84 FR 406 on January 25, 2019, with an effective date of May 15, 2019.

Federal Terms and State Equivalents: When the regulations, as set forth in the final rule for Recording and Reporting Occupational Injuries and Illnesses, 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



February 25, 2019

May 15, 2019

VA.R. Doc. No. R19-5884; Filed March 21, 2019, 3:19 p.m.