16VAC25-90 Federal Identical General Industry Standards

REGULATIONS

Vol. 32 Iss. 20 - May 30, 2016

TITLE 16. LABOR AND EMPLOYMENT

SAFETY AND HEALTH CODES BOARD

Chapter 90

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 regulations 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.

Titles of Regulations: 16VAC25-90. Federal Identical General Industry Standards (amending 16VAC25-90-1910.269, Appendix A-3 to 16VAC25-90-1910.269, Appendix A-5 to 16VAC25-90-1910.269, 16VAC25-90-1910.331).

16VAC25-175. Federal Identical Construction Industry Standards (amending 16VAC25-175-1926.950, 16VAC25-175-1926.960).

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

Effective Date: July 1, 2016.

Agency Contact: John J. Crisanti, Planning and Evaluation Manager, Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

Summary:

In a final rule, federal Occupational Safety & Health Administration (OSHA) corrected the electrical safety-related work practices standard for general industry and the electric power generation, transmission, and distribution standards for general industry and construction to provide additional clarification regarding the applicability of the standards to certain operations, including some tree trimming work that is performed near, but that is not on or directly associated with, electric power generation, transmission, and distribution installations. OSHA also corrected minor errors in two minimum approach distance tables in the general industry and construction standards for electric power generation, transmission, and distribution work.

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1910 (Occupational Safety and Health Standards) and 29 CFR Part 1926 (Construction Industry Standards) are declared documents generally available to the public and appropriate for incorporation by reference. For this reason these documents will not be printed in the Virginia Register of Regulations. A copy of each 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, General Assembly Building, 9th and Broad Streets, Richmond, Virginia 23219.

Statement of Final Agency Action: On March 3, 2016, the Safety and Health Codes Board adopted federal OSHA's corrections to the electrical safety-related work practices standard for general industry and the electric power generation, transmission, and distribution for general industry and construction final rule, as published in 80 FR 60033 through 80 FR 60040 on October 5, 2015, with an effective date of July 1, 2016.

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

Federal Terms		VOSH Equivalent
29 CFR		VOSH Standard
Assistant Secretary		Commissioner of Labor and Industry
Agency		Department
October 5, 2015		July 1, 2016

VA.R. Doc. No. R16-4670; Filed May 2, 2016, 4:19 p.m.