Virginia Regulatory Town Hall
Department of Labor and Industry
Safety and Health Codes Board
Administrative Regulation for the Virginia Occupational Safety and Health Program [16 VAC 25 ‑ 60]
Procedures for the application of penalties for state and local government employers
Action 4681
General Information
Action Summary This NOIRA was requested to establish procedures for the application of penalties for state and local government employers in accordance with §40.1-2.1 of the Code of Virginia. This NOIRA will begin the process that will allow VOSH to issue proposed penalties to state and local government employers for willful, repeat and failure-to-abate violations, as well as serious violations that cause a fatal accident or are classified as “high gravity”, i.e., a violation that is classified as “high severity” and “high probability”. An example of a “high gravity” serious violation would be one where a violation directly results in non-fatal but serious injuries such as broken bones or amputations. Violations that are classified as non-high gravity serious, and other-than-serious violations would not receive a penalty.
Chapters Affected Only affects this chapter.
Executive Branch Review This action will go through the normal Executive Branch Review process.
RIS Project Yes  [004963]
Associated Mandates Safety and health program for public employees.
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
7720 NOIRA Stage complete. Comment period ended 12/28/2016.
7841 Proposed Stage complete. Comment period ended 11/03/2017.
8153 Final Stage complete. This regulation became effective on 11/01/2018.
Contact Information
Name / Title: Holly Raney  / Agency Regulatory Coordinator
Address: 600 E Main Street, Suite 207
Richmond , VA 23219
Email Address:
Phone: (804)371-2631    FAX: (804)786-8418    TDD: ()-