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Virginia Regulatory Town Hall

Final Text

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Action:
Standards Improvement Project—Phase IV, Final Rule
Stage: Final

16VAC25-60-130. Construction industry standards.

A. The occupational safety or health standards adopted as rules or regulations by the Virginia Safety and Health Codes Board either directly, or by reference, from 29 CFR Part 1926 shall apply by their own terms to all employers and employees engaged in either construction work or construction related activities covered by the Virginia State Plan for Occupational Safety and Health.

B. The employer shall comply with the manufacturer's specifications and limitations applicable to the operation, training, use, installation, inspection, testing, repair and maintenance of all machinery, vehicles, tools, materials and equipment, unless specifically superseded by a more stringent corresponding requirement in 29 CFR Part 1926. The use of any machinery, vehicle, tool, material or equipment that is not in compliance with any applicable requirement of the manufacturer is prohibited, and shall either be identified by the employer as unsafe by tagging or locking the controls to render them inoperable or be physically removed from its place of use or operation.

C. For the purposes of the applicability of such Part 1926 standards, the key criteria utilized to make such a decision shall be the activities taking place at the worksite, not the primary business of the employer. Construction work shall generally include any building, altering, repairing, improving, demolishing, painting or decorating any structure, building, highway, or roadway and any draining, dredging, excavation, grading or similar work upon real property. Construction also generally includes work performed in traditional construction trades such as carpentry, roofing, masonry work, plumbing, trenching and excavating, tunneling, and electrical work. Construction does not include maintenance, alteration or repair of mechanical devices, machinery, or equipment, even when the mechanical device, machinery or equipment is part of a pre-existing structure.

D. The employer shall comply with the Virginia Department of Transportation (VDOT) Work Area Protection Manual in lieu of the federal Manual on Uniform Traffic Control Devices (Part VI of the MUTCD, 1988 2009 Edition, Revision 3 1 dated May 2012 and Revision 2 dated May 2012, or Part VI of the MUTCD, Millennium Edition - referenced in 16VAC25-175-1926.200 through 16VAC25-175-1926.202) and 16VAC25-175-1926.201) when working under a contract for construction, repair, or maintenance between the employer and the Commonwealth; agencies, authorities, or instrumentalities of the Commonwealth; or any political subdivision or public body of the Commonwealth when such contract stipulates employer compliance with the VDOT Work Area Protection Manual in effect at the time of contractual agreement.

E. Certain standards of 29 CFR Part 1910 have been determined by federal OSHA to be applicable to construction and have been adopted for this application by the board.

F. The standards adopted from 29 CFR Part 1910.19 and 29 CFR Part 1910.20 containing respectively, special provisions regarding air contaminants and requirements concerning access to employee exposure and medical records shall apply to construction work as well as general industry.

CHAPTER 90
FEDERAL IDENTICAL GENERAL INDUSTRY STANDARDS

AMEND

16VAC25-90-1904.10

16VAC25-90-1910.6

16VAC25-90-1910.1001

16VAC25-90-1910.1018

16VAC25-90-1910.1027

16VAC25-90-1910.1029

16VAC25-90-1910.1043

16VAC25-90-1910.1045

16VAC25-90-1910.1048

16VAC25-90-1910.1052

 

CHAPTER 100
FEDERAL IDENTICAL SHIPYARD EMPLOYMENT STANDARDS

 

AMEND

16 VAC25-100-1915.5

16 VAC25-100-1915.80

16 VAC25-100-1915.1001

 

CHAPTER 175
FEDERAL IDENTICAL CONSTRUCTION INDUSTRY STANDARDS

AMEND

16VAC25-175-1926.6

16VAC25-175-1926.50

16VAC25-175-1926.55

16VAC25-175-1926.64

16VAC25-175-1926.104

16VAC25-175-1926.200

16VAC25-175-1926.201

16VAC25-175-1926.203

16VAC25-175-1926.250

16VAC25-175-1926.800

16VAC25-175-1926.1000

16VAC25-175-1926.1001

16VAC25-175-1926.1002

16VAC25-175-1926.1003

16VAC25-175-1926.1101

16VAC25-175-1926.1127

16VAC25-175-1926.1129