40.1-6 - Powers and duties of Commissioner.
§ 40.1-6. Powers and duties of Commissioner.
The Commissioner shall:
(1) Have general supervision and control of the Department.
(2) Enforce the provisions of this title and shall cause to be prosecuted allviolations of law relating to employers or business establishments before anycourt of competent jurisdiction.
(3) Make such rules and regulations as may be necessary for the enforcementof this title and procedural rules as are required to comply with the FederalOccupational Safety and Health Act of 1970 (P.L. 91-596). All such rules andregulations shall be subject to Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2.
(4) In the discharge of his duties, have power to take and preservetestimony, examine witnesses and administer oaths and to file a written orprinted list of relevant interrogatories and require full and completeanswers to the same to be returned under oath within thirty days of thereceipt of such list of questions.
(5) Have power to appoint such representatives as may be necessary to aid himin his work; their duties shall be prescribed by the Commissioner.
(6) [Repealed.]
(7) Have power to require that accident, injury and occupational illnessrecords and reports be kept at any place of employment and that such recordsand reports be made available to the Commissioner or his duly authorizedrepresentatives upon request. Further, he may require employers to develop,maintain and make available such other records and information as are deemednecessary for the proper enforcement of this title.
(8) Have power, upon presenting appropriate credentials to the owner,operator, or agent in charge:
(a) To enter without delay and at reasonable times any businessestablishment, construction site, or other area, workplace or environmentwhere work is performed by an employee of any employer in this Commonwealth;and
(b) To inspect and investigate during regular working hours and at otherreasonable times, and within reasonable limits and in a reasonable manner,without prior notice, unless such notice is authorized by the Commissioner orhis representative, any such business establishment or place of employmentand all pertinent conditions, structures, machines, apparatus, devices,equipment, and materials therein, and to question privately any suchemployer, officer, owner, operator, agent, or employee. If such entry orinspection is refused, prohibited or otherwise interfered with, theCommissioner shall have power to seek from a court having equity jurisdictionan order compelling such entry or inspection.
(9) Make rules and regulations governing the granting of temporary orpermanent variances from all standards promulgated by the Board under thistitle. Any interested or affected party may appeal to the Board, theCommissioner's determination to grant or deny such a variance. The Board may,as it sees fit, adopt, modify or reject the determination of the Commissioner.
(10) All information reported to or otherwise obtained by the Commissioner,the Board or the agents or employees of either which contains or might reveala trade secret shall be confidential and shall be limited to those personswho need such information for purposes of enforcement of this title. TheCommissioner shall have authority to issue orders to protect theconfidentiality of such information. Violations of such orders shall bepunishable as civil contempt upon application to the Circuit Court of theCity of Richmond. It shall be the duty of each employer to notify theCommissioner, or his representatives, of the existence of trade secrets wherehe desires the protection provided herein.
(11) Serve as executive officer of the Virginia Safety and Health Codes Boardand of the Apprenticeship Council and see that the rules, regulations andpolicies that they promulgate are carried out.
(Code 1950, § 40-4; 1962, c. 66; 1970, c. 321; 1972, c. 567; 1973, c. 425;1984, cc. 590, 734; 1987, c. 165; 1997, c. 919; 1998, c. 97; 2004, c. 592.)