40.1-22 - Safety and Health Codes Commission continued as Safety and Health Codes Board.
§ 40.1-22. Safety and Health Codes Commission continued as Safety and HealthCodes Board.
(1) The Safety and Health Codes Commission is continued and shall hereafterbe known as the Safety and Health Codes Board. The Board shall consist offourteen members, twelve of whom shall be appointed by the Governor. Onemember shall, by reason of previous vocation, employment or affiliation, bechosen to represent labor in the manufacturing industry; one member shall, byreason of previous vocation, employment or affiliation, be chosen torepresent labor in the construction industry; one member shall, by reason ofprevious vocation, employment or affiliation, be chosen to representindustrial employers; one member shall be chosen from and be a representativeof the general public; one member shall be a representative of agriculturalemployers; one member shall, by reason of previous vocation, employment oraffiliation, be chosen to represent agricultural employees; one member shall,by reason of previous vocation, employment or affiliation, be chosen torepresent construction industry employers; one member shall be arepresentative of an insurance company; one member shall be a laborrepresentative from the boiler pressure vessel industry; one member shall bea labor representative knowledgeable in chemicals and toxic substances; onemember shall be an employer representative of the boiler pressure vesselindustry; one member shall be an industrial representative knowledgeable inchemical and toxic substances, and the Director of the Department ofEnvironmental Quality or his duly authorized representative shall be a memberex officio with full membership status. The Commissioner of Health or hisduly authorized representative shall also be a member ex officio with fullmembership status.
(2) The first appointive members shall be appointed as follows: one for aterm of four years, one for a term of three years, one for a term of twoyears, and one for a term of one year. Of the members appointed to representthe construction industry, one shall be appointed for the term of two yearsand one shall be appointed for the term of four years. Succeedingappointments shall be for terms of four years each but other vacancies shallbe filled by appointment for the unexpired term.
(3) The Board shall annually select a chairman from its members. The Boardshall meet at least once every six months; other meetings may be held uponcall of the chairman or any three members of the Board. Five members of theBoard shall constitute a quorum.
(4) The Board shall study and investigate all phases of safety in businessestablishments, the application of this title thereto, and shall serve asadvisor to the Commissioner.
(5) The Board, with the advice of the Commissioner, is hereby authorized toadopt, alter, amend, or repeal rules and regulations to further, protect andpromote the safety and health of employees in places of employment over whichit has jurisdiction and to effect compliance with the Federal OccupationalSafety and Health Act of 1970 (P.L. 91-596), and as may be necessary to carryout its functions established under this title. The Commissioner shallenforce such rules and regulations. All such rules and regulations shall bedesigned to protect and promote the safety and health of such employees. Inmaking such rules and regulations to protect the occupational safety andhealth of employees, the Board shall adopt the standard which most adequatelyassures, to the extent feasible, on the basis of the best available evidence,that no employee will suffer material impairment of health or functionalcapacity. However, such standards shall be at least as stringent as thestandards promulgated by the Federal Occupational Safety and Health Act of1970 (P.L. 91-596). In addition to the attainment of the highest degree ofhealth and safety protection for the employee, other considerations shall bethe latest available scientific data in the field, the feasibility of thestandards, and experience gained under this and other health and safety laws.Whenever practicable, the standard promulgated shall be expressed in terms ofobjective criteria and of the performance desired. Such standards whenapplicable to products which are distributed in interstate commerce shall bethe same as federal standards unless deviations are required by compellinglocal conditions and do not unduly burden interstate commerce.
(6) Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 shall apply to the adoptionof rules and regulations under this section and to proceedings before theBoard.
(6a) The Board shall provide, without regard to the requirements of Chapter40 (§ 2.2-4000 et seq.) of Title 2.2, for an emergency temporary standard totake immediate effect upon publication in a newspaper of general circulation,published in the City of Richmond, Virginia, if it determines that employeesare exposed to grave danger from exposure to substances or agents determinedto be toxic or physically harmful or from new hazards, and that suchemergency standard is necessary to protect employees from such danger. Thepublication mentioned herein shall constitute notice that the Board intendsto adopt such standard within a period of six months. The Board by similarpublication shall prior to the expiration of six months give notice of thetime and date of, and conduct a hearing on, the adoption of a permanentstandard. The emergency temporary standard shall expire within six months orwhen superseded by a permanent standard, whichever occurs first, or whenrepealed by the Board.
(7) Any person who may be adversely affected by a standard issued under thistitle may challenge the validity of such standard in the Circuit Court of theCity of Richmond by declaratory judgment. The determination of the Safety andHealth Codes Board shall be conclusive if supported by substantial evidencein the record considered as a whole. Adoption of a federal occupationalsafety and health standard shall be deemed to be sufficient evidence tosupport promulgation of such standard. The filing of a petition fordeclaratory judgment shall not operate as a stay of the standard unless thecourt issues a preliminary injunction.
(Code 1950, § 40-20; 1962, c. 66; 1968, c. 272; 1970, cc. 321, 649; 1972, c.567; 1973, c. 425; 1974, c. 195; 1976, c. 607; 1979, c. 656; 1980, c. 728;1984, c. 590; 1985, c. 448; 1987, c. 165; 1988, c. 467.)