Virginia Regulatory Town Hall
Agency
Virginia Department of Health
 
Board
State Board of Health
 
chapter
Regulations for authorized onsite soil evaluators [12 VAC 5 ‑ 615]
Action Repeal of Authorized Onsite Soil Evaluator Regulations
Stage Final
Comment Period Ended on 1/3/2020
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12/2/19  7:44 am
Commenter: VDH Employee

OSE Roles & Responsibilities
 

The VDH agency background document indicates that there's no longer a need for defining the responsibilities of an OSE.  The document indicates that this is now described under either VDH policy (roles and responsibilities) or under DPOR authority (responsibilities).  The amount of detail required in an OSE report may be defined by VDH policy but OSE responsibilities are clearly under DPOR authority.  However, when VDH files a complaint regarding OSE work, DPOR typically takes no action because they state that the OSE has violated VDH regulations, not DPOR regulations.  This is grossly inaccurate.  18VAC160-40-470 (paragraphs (6), (9), and (15) state the following regarding OSE work/behavior:

(6) Not demonstrating reasonable care, judgment, or application of the required knowledge, skill, and ability in the performance of the licensee's duties.

(9) Negligence, misconduct, or incompetence in the practice of the profession.

(15) Failing to act in providing professional services in a manner that safeguards the interests of the public.

The VDH constantly sees violations of paragraphs 6, 9, and 15 above yet DPOR will do nothing about it (citing that the OSE has violated a VDH regulation such as proposing a conventional sewage system in water table soils).  There's a huge disconnect between VDH and DPOR that is resulting in a continuation of unsatisfactory OSE work.  In addition, it is resulting in VDH employees no longer filing complaints with DPOR since DPOR won't take action.

Keep in mind: VDH typically field reviews 10% of private sector work.  That's 90% of the work NOT being field reviewed.  With 'bad actors' in the business and no consequences for bad work, the public health and environmental health in Virginia are being compromised.

CommentID: 76993