Chesapeake Tunnel Joint Venture (CTJV) applied for Permanent Variances from 1926.803(e)(5), 1926.803(f)(1), 1926.803(g)(1)(iii), and 1926.803(g)(1)(xvii) of the VOSH Standards for Construction.   In accordance with the procedures in 16VAC25-60-190.C of the VOSH Administrative Regulations Manual (ARM), a notice of the request and 30-day comment period was published in the Richmond Times dispatch on December 4 – 13, 2020.  The comment period closed on January 8, 2021, with no comments having been received.

    The Department of Labor & Industry has concluded that CTJV has shown by a preponderance of the evidence that its proposed methods to ensure compressed air work safety (with certain conditions added by the Department) provides employment and a place of employment as safe and as healthful as would be provided by complying with 1926.803(e)(5), 1926.803(f)(1), 1926.803(g)(1)(iii), and 1926.803(g)(1)(xvii).

    This variance is effective January 20, 2023.