Title of Regulation: 16VAC25-175. Federal Identical Construction Industry Standards (amending 16VAC25-175-1926.1427, 16VAC25-175-1926.1430).

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: Jennifer Rose, Safety Director, Department of Labor and Industry, 600 East Main Street, Suite 207, Richmond, VA 23219, telephone (804) 786-7776, or email jennifer.rose@doli.virginia.gov.

Summary:

In a final rule, federal Occupational Safety and Health Administration (OSHA) updated the standard for cranes and derricks in construction by (i) clarifying an employer's duty to ensure the competency of crane operators through training, certification or licensing, and evaluation; (ii) altering a provision that required different levels of certification based on the rated lifting capacity of equipment; and (iii) establishing minimum requirements for determining operator competency.

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 1926 (Construction Industry 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 March 19, 2019, the Safety and Health Codes Board adopted federal OSHA's Final Rule for Cranes and Derricks in Construction: Operator Qualification, as published in 83 FR 56198 through 83 FR 56247 on November 9, 2018, with an effective date of May 15, 2019.

Federal Terms and State Equivalents: When the regulations, as set forth in the Safety and Health Regulations for Construction, 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: