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Virginia Regulatory Town Hall
Agency
Department of Labor and Industry
Board
Safety and Health Codes Board
chapter
Construction Industry Standard for Sanitation [16 VAC 25 ‑ 160]
 
Review 485
 
Periodic Review of this Chapter
Includes a Small Business Impact Review
Date Filed: 4/24/2000
Review Announcement
DEPARTMENT OF LABOR AND INDUSTRY
SAFETY AND HEALTH CODES BOARD

Notice of Periodic Review of Regulation Pursuant to Executive Order 25 (98)


Pursuant to Executive Order Number 25 (98), the Virginia Department of Labor and Industry and the Safety and Health Codes Board have scheduled the regulations listed below for review. The agency will conduct this review to determine whether the regulations should be terminated, amended, or retained as written. If any changes are deemed necessary, DOLI will file the appropriate documentation as required by the Administrative Process Act (APA) (ยง 9-6.14:1 et seq. of the Code of Virginia).

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Regulation Title: 16 VAC 25-35-10 et seq. Regulation Concerning Certified Lead Contractors Notification, Lead Project Permits, and Permit Fees

Description: Establishes the notification requirements for certain lead projects and provides for the payment of permit fees based on the size of the lead project. The regulation also requires filing of amended notifications prior to changes in or cancellation of projects. It does not mandate the abatement of lead from any public or private property.

DOLI seeks public comment regarding the following questions:

1. Does the regulation meet the following goals?

- Reduce the incidence of material impairment of the health of Virginians
due to exposure to lead in the workplace or as an environmental
pollutant.

- Provide process for lead contractors to notify the government of lead
projects and to pay fees to cover the costs of administering the program.

- Protect the public's health, safety and welfare with the least possible cost
and intrusiveness to the citizens and businesses of the Commonwealth.

2. Is the regulation written clearly and understandably?

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Regulation Title: 16 VAC 25-70-10 et seq. Virginia Confined Space Standard for the Telecommunications Industry

Description: Prescribes basic mandatory practices and procedures which telecommunications employers must establish and use for employee entry into and work within confined spaces.

DOLI seeks public comment regarding the following questions:

1. Does the regulation meet the following goals?

- Reduce the incidence of material impairment of the health of Virginians due to workplace exposure to known hazards.

- Provide protection to telecommunications workers equal to that provided to workers in other industries.

- Protect the public's health, safety and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth.

2. Is the regulation written clearly and understandably?

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Regulation Title: 16 VAC 25-80-10 Access to Employee Exposure and Medical Records

Description: Provides employees and their designated representatives a right of access to relevant exposure and medical records and provides access to representatives of the Department of Labor and Industry to relevant employee exposure and medical records. This access is provided to promote the recognition of workplace hazards and the subsequent reduction of occupational disease.

DOLI seeks public comment regarding the following questions:

1. Does the regulation meet the following goals?

- Reduce the incidence of material impairment of the health of Virginia workers due to workplace exposure to known hazards.

- Provide assess to employee records to determine exposure.

- Protect the public's health, safety and welfare with the least possible cost
and intrusiveness to the citizens and businesses of the Commonwealth.

2. Is the regulation written clearly and understandably?

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Regulation Title: 16 VAC 25-140-10 et seq. Virginia Confined Space Standard for the Construction Industry

Description: This regulation applies to all employers with employees covered by the Virginia regulations for the construction industry. This regulation prescribes the basic mandatory practices and procedures which employers must establish and use for employee entry and work within confined spaces.

DOLI seeks public comment regarding the following questions:

2. Does the regulation meet the following goals?

- Reduce the incidence of material impairment of the health of Virginia workers due to workplace exposure to known hazards.

- Provide protection to construction workers equal to that provided to workers in other industries.

- Protect the public's health, safety and welfare with the least possible cost
and intrusiveness to the citizens and businesses of the Commonwealth.

2. Is the regulation written clearly and understandably?

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Regulation Title: 16 VAC 25-150-10 Underground Construction, Construction Industry

Description: Requires employers to comply with any more stringent requirements contained in the Virginia Confined Space Standard for the Construction Industry, 16 VAC 25-140, when working in underground construction areas which also meet the definition of "confined space" in 16 VAC 25-140. This regulation changes the atmospheric testing requirement for oxygen from a maximum level of 22% in the air to 23%.

DOLI seeks public comment regarding the following questions:

3. Does the regulation meet the following goals?

- Reduce the incidence of construction fatalities of Virginia workers due to workplace exposure to known hazards.

- Protect the public's health, safety and welfare with the least possible cost
and intrusiveness to the citizens and businesses of the Commonwealth.

2. Is the regulation written clearly and understandably?

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Regulation Title: 16 VAC 25-160-10 et seq. Construction Industry Standard for Sanitation

Description: Requires employers engaged in construction activities to furnish, without cost to the employees, potable water, toilet facilities and hand washing facilities. Potable drinking water containers as well as toilet and hand washing facilities are required to be maintained in a clean and sanitary condition. The potable drinking water which must be furnished under the regulation must be suitably cool and in sufficient amounts so that it is not completely consumed during the workday. Drinking water must be dispensed in single-use cups.

DOLI seeks public comment regarding the following questions:

4. Does the regulation meet the following goals?

- Reduce the incidence of material impairment of the health of Virginia workers due to workplace exposure to known hazards.

- Require sanitary facilities for construction workers equal to those required for agricultural workers.

- Protect the public's health, safety and welfare with the least possible cost
and intrusiveness to the citizens and businesses of the Commonwealth.

2. Is the regulation written clearly and understandably?

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Regulation Title: 16 VAC 25-170-10 et seq. Virginia Excavation Standard, Construction Industry

Description: Requires employers to comply with any more stringent requirements contained in the Virginia Confined Space Standard for the Construction Industry, 16 VAC 25-140, when working in excavation areas which also meet the definition of "confined space" in 16 VAC 25-140.

DOLI seeks public comment regarding the following questions:

5. Does the regulation meet the following goals?

- Reduce the incidence of construction fatalities of Virginia workers due to workplace exposure to known hazards.

- Protect the public's health, safety and welfare with the least possible cost
and intrusiveness to the citizens and businesses of the Commonwealth.

2. Is the regulation written clearly and understandably?

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Regulation Title: 16 VAC 25-180-10 Virginia Field Sanitation Standard, Agriculture

Description: This regulation is designed to protect workers against heat-related illnesses, communicable and infectious diseases, urinary tract infections and pesticide illnesses. The regulation ensures that sanitary conditions affecting agricultural workers will be maintained so as to minimize adverse effects on their health and safety. The regulation requires employers with eleven or more employees engaged in hand labor operations in the field to provide their employees with potable drinking water, toilet facilities and hand washing facilities. Employers are required to permit reasonable use of the facilities and provide training on personal hygiene practices to prevent illness and spread of disease. The provision of potable water is required for all agricultural establishments regardless of the number of employees.

DOLI seeks public comment regarding the following questions:

6. Does the regulation meet the following goals?

- Reduce the incidence of material impairment of the health of Virginia workers due to workplace exposure to known hazards.

- Require sanitary facilities for agricultural workers equal to those required for construction workers.

- Protect the public's health, safety and welfare with the least possible cost
and intrusiveness to the citizens and businesses of the Commonwealth.

2. Is the regulation written clearly and understandably?

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Written and electronically submitted comments on any of the listed regulations may be submitted from April 24, 2000 through May 24, 2000. Comments should be sent to Bonnie R. Hopkins, Regulatory Coordinator, Department of Labor and Industry, 13 South Thirteenth Street, Richmond, VA 23219, (804) 371-2631; Fax (804) 371-6524 or e-mail brh@doli.state.va.us.


Publication Information and Public Comment Period
Published in the Virginia Register on 4/24/2000
Comment Period begins on the publication date and ends on 5/24/2000

Comments Received: 0

Review Result
Retain the regulation with no changes
pdf TH-07 Periodic Review Report of Findings   (7/17/2000)
Attorney General Certification
Prior to early 2014, AG periodic review certifications were done off-line