16VAC25-100 Federal Identical Shipyard Employment Standards

REGULATIONS

Vol. 29 Iss. 18 - May 06, 2013

TITLE 16. LABOR AND EMPLOYMENT

SAFETY AND HEALTH CODES BOARD

Chapter 100

Final Regulation

REGISTRAR'S NOTICE: The following regulatory action is exempt from 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 is also claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 3 of the Code of Virginia, which excludes regulations that consist only of changes in style or form or corrections of technical errors. 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 16VAC25-90-1910.119, Appendix C to 16VAC25-1910.119, 16VAC25-90-1910.120, Appendix E to 16VAC25-90-1910.120, Appendix J to 16VAC25-90-1910.1001, Appendix B to 16VAC25-90-1910.1044, Appendix A to 16VAC25-90-1910.1048, 16VAC25-90-1910.1051, Appendix A to 16VAC25-90-1910.1052, 16VAC25-90-1910.1200, and Appendices A, B, E, and F to 16VAC25-90-1910.1200).

16VAC25-100. Federal Identical Shipyard Employment Standards (amending Appendix K to 16VAC25-100-1915.1001).

16VAC25-175. Federal Identical Construction Industry Standards (amending Appendix C to 16VAC25-175-1926.64, Appendix E to 16VAC25-175-1926.65, 16VAC25-175-1926.1101).

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

Effective Date: June 15, 2013.

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 (804) 786-8418, TTY [phone], or email [e-mail].

Summary:

Federal OSHA corrected certain minor errors in the revisions to its Hazard Communication Standard that were published at 77 FR 17574. The majority of these corrections change references in other OSHA standards made to "material safety data sheet" or "MSDS" to "safety data sheet" or "SDS," which OSHA inadvertently missed in its original publication of the final rule. Other corrections include correcting values or notations in tables and updating references to terms defined in the Hazard Communication Standard Final Rule that was published on March 26, 2012. This action incorporates these changes into the Virginia general industry, shipyard employment, and construction industry standards.

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1910 (Occupational Safety and Health Standards), 29 CFR 1915 (Shipyard Employment 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 14, 2013, the Safety and Health Codes Board adopted federal OSHA's Corrections and Technical Amendment to the Hazard Communication Standard and Other Related Standards, as published in 78 FR 9311 through 78 FR 9315 on February 8, 2013, with an effective date of June 15, 2013.

Federal Terms and State Equivalents: When the regulations as set forth in Corrections and Technical Amendment to the Hazard Communication Standard Final Rule 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
February 8, 2013		June 15, 2013

VA.R. Doc. No. R13-3641; Filed April 5, 2013, 2:57 p.m.