Section 20. Jurisdiction

Part II. General Provisions

All Virginia statutes, standards, and regulations pertaining to occupational safety and health shall apply to every employer, employee and place of employment in the Commonwealth of Virginia except where:

1. The United States is the employer or exercises exclusive jurisdiction;

2. The federal Occupational Safety and Health Act of 1970 does not apply by virtue of § 4(b)(1) of that Act. The commissioner shall consider federal OSHA case law in determining where jurisdiction over specific working conditions has been preempted by the regulations of a federal agency; or

3. The employer is a public employer, as that term is defined in this chapter. In such cases, the Virginia laws, standards and regulations governing occupational safety and health are applicable as stated including 16VAC25-60-10, 16VAC25-60-30, 16VAC25-60-280, 16VAC25-60-290, and 16VAC25-60-300.

Historical Notes

Derived from VR425-02-95 § 2.1, eff. July 1, 1994.

Statutory Authority

§ 40.1-22(5) of the Code of Virginia.