40.1-51.2 - Rights and duties of employees.
§ 40.1-51.2. Rights and duties of employees.
(a) It shall be the duty of each employee to comply with all occupationalsafety and health rules and regulations issued pursuant to this chapter andany orders issued thereunder which are applicable to his own action andconduct.
(b) Employees or their representatives may bring to the attention of theiremployer any hazardous conditions that exist or bring the matter to theattention of the Commissioner or his authorized representative, without firstbringing the matter to the attention of their employer. Upon receipt of anycomplaint of hazardous conditions, the Commissioner or his authorizedrepresentative shall cause an inspection to be made as soon as practicable.Within two working days after making the oral complaint the employee or theemployee representative shall file a written complaint with the Commissioneron a form prescribed by the Commissioner, if at that time, the Commissioneror his authorized representative has not caused the hazardous condition to becorrected. A copy of such written complaint shall be made available to theemployer by the Commissioner at the time of such inspection. The name ornames of individuals bringing such matters to the attention of theCommissioner shall be held in confidence upon request of such individuals.
(c) [Repealed.]
(d) A representative of the employees selected by the employees shall begiven an opportunity to accompany the Commissioner or his authorizedrepresentative during the physical inspection of the work place for thepurpose of aiding such inspection. Where there is no authorized employeerepresentative, the Commissioner or his authorized representative shallconsult with a reasonable number of employees concerning matters of healthand safety at the work place. No person shall discharge or in any mannerdiscriminate against an employee representative for his participation in anysafety and health inspection.
(e) The employer and the complaining employee, employees or employeerepresentative shall be notified in writing by the Commissioner or hisauthorized representative of any decision concerning a complaint, of thereasons for such decision and of the rights of the parties to redresspursuant to § 40.1-49.4 of the Code.
(1972, c. 602; 1973, c. 425; 1976, c. 607.)