2004 Annual Report
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| Our Mission | |
| Message from the Commissioner | |
| Registered Apprenticeship | |
| Virginia Apprenticeship Council | |
| Boiler Safety Compliance | |
| Cooperative Programs | |
| Consultation Services | |
| Safety and Health Achievement Recognition Program (SHARP) | |
| Voluntary Protection Program (VPP) | |
| Annual Virginia Occupational Safety and Health Conference | |
| Research and Analysis | |
| Labor and Employment Law Division | |
| Occupational Safety and Health Compliance (VOSH) | |
| 25 Most Frequently Cited Standards During Construction Industry Inspections | |
| 25 Most Frequently Cited Standards During General Industry Inspections | |
| Office of Legal Support | |
| VOSH Planning and Evaluation | |
| Virginia Migrant and Seasonal Farmworkers Board and Interagency Migrant Worker Policy Committee |
|
| Agency Operations | |
| Administration | |
| Human Resources |
Improve and protect Virginia’s workplaces through education and enforcement, reducing fatalities and injuries at work, ensuring boiler safety, protecting children from hazardous employment, resolving payment of wage disputes, and producing highly skilled workers through registered apprenticeship.
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The Virginia Department of Labor and Industry (DOLI) serves the needs of the citizens of the Commonwealth by making Virginia a safe, healthy, and productive place to work. The agency provides a broad variety of services to employers and workers. Along with the Virginia Safety and Health Codes Board and the Virginia Apprenticeship Council, DOLI administers and enforces the Commonwealth’s occupational safety and health programs; payment of wage statute; right-to-work and child labor laws; fosters worker apprenticeship programs; and certifies the safe operation of commercial boilers and pressure vessels. In addition to central office headquarters located in Richmond, Virginia, customer assistance is provided at seven regional and field office sites throughout the state.
Since 1898, the Virginia Department of Labor and Industry has been committed to serving the citizens, employers and employees of the Commonwealth.
Although the agency’s responsibilities have evolved over time, our fundamental job - to make Virginia a safe, healthy, and productive place to work - remains the same and is the driving force behind everything we do.
I am pleased to present DOLI’s 2004 Annual Report. We continue to work with Virginia employers and employees that have strong safety and health programs and those that want to achieve them through our voluntary protection programs and consultation services. Affordable, quality safety and health training is provided through our successful Annual Safety and Health Conference. Compliance activities address safety and health hazards in general industry and construction, and special emphasis programs are in place to increase safety awareness, especially in construction. Through registered apprenticeship, we provide workers job training opportunities for lifelong skills and help employers meet their needs for highly skilled workers. We also ensure that employees are properly paid and protected by administering payment of wage, minimum wage, child labor, and other labor laws. Our boiler safety division protects life and property by certifying and overseeing the installation, operation, and repair of boilers and pressure vessels.
For additional information on our activities and services, please visit our Web site at www.doli.virginia.gov. If my staff or I can be of assistance to you, please contact us.
Sincerely,
C. Ray Davenport
Commissioner
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The staff of the Division of Registered Apprenticeship worked actively with more than 11,000 apprentices and 2,000 employers (registered sponsors) throughout the Commonwealth of Virginia during 2004. These registered apprentices and sponsors represent more than 300 occupations.
Anyone interested in registered apprenticeship opportunities can seek additional information on DOLI's Web site (www.doli.virginia.gov).
Registered apprenticeships include, but are not limited to, the following occupations:
DOLI's Registered Apprenticeship staff includes a division director, senior program support technician, and 14 field representatives. Field representatives work from offices located in all regions of the state and are responsible for registering new sponsors and apprentices, helping sponsors develop industry apprenticeship programs, and providing ongoing customer service. The division director works in the agency's headquarters office located in Richmond. The staff partners with many local, state and federal agencies, including the Virginia Department of Professional and Occupational Regulation, the Virginia Employment Commission, the Virginia Community College System, local school divisions, and the Bureau of Apprenticeship and Training, U. S. Department of Labor.
Virginia's registered apprentices work in a variety of industries, as illustrated in the accompanying chart.
I
The Virginia Apprenticeship Council, appointed by the Governor, is composed of management and labor representatives familiar with apprenticeable occupations. The Commissioner of the Virginia Employment Commission and the Chancellor of the Virginia Community College System, or their designated representatives, and a local superintendent from a school division that provides apprenticeship related training are ex-officio members of the Council with voting privileges. The Commissioner of Labor and Industry, with the advice and guidance of the Council, is responsible for administering the provisions of the Voluntary Apprenticeship Act.
Each year, the Council recognizes outstanding apprentices who have been nominated by their sponsors (employers). The apprentices have either completed their training programs or are in their final year of apprenticeship. They are judged on craftsmanship, accuracy, cooperation, leadership, decision-making, and consideration for their companies and co-workers.
At its December meeting, Secretary of Commerce and Trade Michael Schewel and DOLI Commissioner Ray Davenport joined Chairman Barry Baker and Vice Chairman Dr. Steven Staples in presenting Outstanding Apprentice Awards to the following individuals:
Kevin Bradley Ashwell, a lineman employed by Southside Electric Cooperative, Crewe, VA;
Michael Barrett, a cosmetologist employed by Salon Blue in McLean, VA;
Matthew K. Koren, a millwright employed by the Millwrights and Machinery Erectors Local 1402 Joint Apprenticeship Committee, Richmond, VA;
Darcy Kuehn, a marine designer employed by Northrop Grumman Newport News in Newport News, VA; and
Juan J. Mercado, a plumber employed by EMC Company, Richmond, VA.
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Under the guidance of the Chief Inspector, the Boiler Safety Compliance Division enforces and oversees the provisions of the Boiler and Pressure Vessel Safety Act. The primary objective is to protect life and property through regular inspections of boiler and pressure vessel equipment and to ensure compliance with state laws and rules and regulations governing the construction, installation, operation, maintenance, and repair of boilers and pressure vessels.
In 2004, more than 35,854 inspections were made of boilers and pressure vessels by insurance companies registered in Virginia to write boiler and pressure vessel insurance, private contract fee inspectors, and owners/users who qualified to obtain Virginia Commissions from DOLI for their inspection personnel.
In a continuing effort to prevent accidents, Boiler Safety focused on finding unregistered objects in automobile industries, apartment buildings, and laundry and dry cleaning establishments. Over 8,000 reminder notices were mailed to owners/users 30 days prior to the certificate expiration regarding the need to arrange for certificate inspections. We also worked jointly with insurance companies to provide electronic review, resulting in more accurate and consistent data, as well as increased electronic reporting. In addition, internal procedures were improved to process inspection reports more quickly and eliminate a backlog in reports. Interpretations and technical letters continue to be posted on the agency's Web site.
Through participation in the Virginia Boiler and Pressure Vessel Inspectors Association and meetings with inspectors, there has been improved understanding and enforcement of Virginia rules, operations and developments. Inspectors are handling and abating more non-conformances before they become violations.
ACTIVITIES OF BOILER SAFETY
2002 |
2003 |
2004 |
|
| Total Active Objects Registered | 65,590 |
69,007 |
69,902 |
| Acceptable Inspections (Certificates Issued) |
27,701 |
35,021 |
35,854 |
| Violations | 542 |
323 |
605 |
| Quality Control Reviews/Surveys | 16 |
21 |
18 |
| Incidents | 2 |
1 |
1 |
| Injuries | 3 |
1 |
0 |
| Fatalities | 1 |
0 |
0 |
| Inspector Applicants Passing Exams | 7 |
1 |
2 |
| Commissioned Inspectors | 273 |
272 |
263 |
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Consultation Services provides safety and health consultation to private and public sector employers with priority given to high hazard companies with 250 or fewer employees. Funded ninety percent (90%) by Federal OSHA, in 2004, 11 DOLI consultants provided on-site safety and health services to 650 private sector employers. The public sector program is funded fifty percent (50%) by Federal OSHA and provided on-site service to 59 employers in 2004. The following table outlines the consultation activities conducted for both private and public sector employers. The total number of visits was lower due to two vacancies for part of 2004, which also contributed to fewer hazards identified. More SHARP recertifications contribute to fewer hazards issued because these companies are recognized as exemplary worksites; thus, they are expected to be in compliance and have exemplary safety and health programs.
2002 |
2003 |
2004 |
|
| Consultative Surveys (Private Sector) |
641 |
515 |
650 |
| Consultative Surveys (Public Sector) |
63 |
48 |
59 |
| Promotional Visits | 58 |
63 |
57 |
| Follow-up Visits | 10 |
12 |
16 |
| Program Assistance Visits | 28 |
34 |
33 |
| Serious Hazards Abated | 3,720 |
2,975 |
2,781 |
| Serious Hazards Identified | 3,877 |
3,075 |
2,849 |
| Other-than-Serious Hazards | 983 |
511 |
619 |
| TOTAL HAZARDS IDENTIFIED | 4,860 |
3,586 |
2,468 |
VOSH Training staff conducted formal training programs for both the private and public sectors during 2004 and provided consultative services to public sector employers as reflected in the accompanying chart.
2002 |
2003 |
2004 |
|
| Formal Training Sessions | 44 |
49 |
79 |
| Informal Training Sessions | 740 |
612 |
694 |
| Persons Trained | 2,758 |
2,136 |
3,140 |
| Employers Represented | 1,041 |
788 |
1,080 |
In 2004, the Consultation Training section increased formal training opportunities for private and public sector employers throughout the Commonwealth. To date, 22 training courses have been identified and developed for presentation in 38 sessions during the first half of 2005.
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The Safety and Health Achievement Recognition Program (SHARP) provides incentives and support to small, high hazard employers to work with employees to develop, implement, and continuously improve safety and health programs. To participate in SHARP, an establishment cannot employ more than 250 employees at one worksite nor more than 500 total employees nationwide, must be a fixed worksite, have one year of operating history, and have a Lost Workday Injury and Illness (LWDII) rate below that of the latest published national average for that industry.
To date, there are 36 SHARP participants in Virginia. In 2004, 5 companies achieved SHARP status for the first time, and 13 companies were recertified in the program. There are also five companies in the deferral program with hopes of achieving SHARP status during 2005.
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The Virginia Voluntary Protection Program (VPP) is patterned after the federal VPP and is designed to recognize and promote effective safety and health management. It is available to employers of all sizes in both the private and public sectors. The program has two levels of participation, Star worksite and Merit worksite. Star participants are a select group of worksites that have designed and implemented outstanding safety and health programs, including full and meaningful employee involvement. Merit participants are those that have demonstrated the potential and willingness to achieve Star status and are implementing planned actions to fully meet Star requirements.
VPP has rigorous requirements and confers a high level of recognition on certified employers. The program relies heavily on employer self-assessments and requires an extensive application process, including submission of written safety and health policies and procedures. Once an employer has successfully submitted an application, final certification as a Star facility requires agreement to an intensive, week-long inspection by a VOSH VPP review team. The inspection team will interview employees, review safety and health plans, observe work practices, and
verify that the employer has implemented effective safety and health programs. Only those employers that fully meet the eligibility requirements, have injury and illness rates below the state and national averages for their industries, and can successfully pass the on-site inspection will have their facilities certified as Star worksites.
In 2004, our VPP goals were: continued growth in the number of Star worksites in Virginia and an increased level of involvement by Star sites, both in the area of mentoring and in participating as Private Industry Volunteers. In all of these areas the program achieved very favorable results. The number of Star worksites increased from 25 to 29, at least half of the current Star worksites were actively involved in mentoring other sites, and the number of Private Industry Volunteers increased from 10 to 19. The significant increase in the number of Private Industry Volunteers is due largely to having held the first ever Special Government Employee (SGE) training course in Virginia. In the true cooperative spirit of the VPP, the course was sponsored by General Electric-Fanuc, Inc., in Charlottesville, Virginia and held with assistance from OSHA Region 3 instructors, as well as guest instructors from two Virginia VPP sites.
For 2005, there are three main objectives for Virginia's program:
The realization of these three objectives will ensure that the program continues to grow and that it will be an increasingly effective vehicle for the sharing of best practices. This increased effectiveness will encourage more employers to voluntarily improve their safety and health programs and seek VPP recognition.

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The Ninth Annual Virginia Occupational Safety and Health Conference was held June 16-18, 2004, at the Hotel Roanoke and Conference Center. The more than 340 Conference participants engaged in safety and health training sessions on controlling workers' compensation costs, public sector employee safety, crane safety, fire safety, multi-employer worksites and chemical sensitivities, among others. Separate sessions on first aid and CPR, as well as the OSHA ten-hour general industry and construction courses, were added this year. Safety and health training, equipment and related products were displayed and demonstrated at more than 30 vendor exhibits.
In 2004, the VOSH Research and Analysis unit conducted the 33rd Annual Survey of Occupational Injuries and Illnesses, collecting data for calendar year 2003 from 5,630 employers throughout the Commonwealth. The Annual Survey reports injury and illness rates and numbers by industry for Virginia as well as for 54 other jurisdictions under a cooperative agreement with the U.S. Department of Labor, Bureau of Labor Statistics.
Virginia's overall nonfatal occupational injury and illness rate in 2003 was 4.3 cases per 100 full-time equivalent workers, with a total of 116,300 injuries and illnesses estimated in private, state and local government industries. The private industry rate was 4.0; the state and local government incidence rate was 6.2. The Annual Survey also provides demographic characteristics data on the injured or ill employees and case characteristics data on the type of incidents that occurred.
The Census of Fatal Occupational Injuries (CFOI), also conducted cooperatively with BLS, provides information on all work-related fatalities for Virginia and the nation. Each fatality must be confirmed by at least two independently obtained source documents. Research of death certificates at the Virginia Department of Health is necessary. The Census, conducted yearly since 1992 by the Research and Analysis unit, includes all work-related fatalities, whether or not they are subject to OSHA laws and standards.
The Virginia Census showed 155 occupational fatalities in the Commonwealth in 2003, up by 9 percent from the 142 fatalities in 2002. Transportation accidents (57), which include highway, nonhighway, pedestrian, air, water, and rail fatalities, increased by 7 from 2002 and continued to be the leading cause of workplace fatalities. Contact with objects and equipment (27) accounted for 17 percent of the work-related deaths and increased by 5 from 22 in 2002, mainly due to a rise in incidents involving workers being caught in or compressed by equipment or objects. Assaults and violent acts, which include homicides and suicides, and falls (mainly falls to lower level) each had 24, or 15 percent, of the fatal workplace injuries.

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In addition, the Department continued to participate in the OSHA Data Initiative for the eighth consecutive year, collecting data on 1,543 Virginia companies identified by OSHA in high-hazard industries. The information gathered through this mandatory survey can be used to target VOSH interventions and to establish and track performance measures.

Note: DOLI investigated the 47 fatalities that were under VOSH jurisdiction. The fatalities that fell outside our jurisdiction were investigated by the agencies responsible for those worksites.
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The Labor and Employment Law Division is responsible for administering and enforcing the laws of the Commonwealth that govern the payment of wages, minimum wage, child labor, garnishee rights, the right to work and certain other provisions of state law pertaining to polygraphs, medical examinations, employees being prevented employment by others and discharge for work-related injuries.
DOLI's Labor and Employment Law staff includes a director, a staff attorney, and program staff located in the agency's headquarters office and nine full-time and one part-time labor representatives and supervisors that work in field offices throughout the state.
In 2004, the Division collected $1,248,009.85 in wages on behalf of employees who worked in the Commonwealth. Civil monetary penalties in the amount of $184,850.00 were assessed and reduced to judgment, and civil monetary penalties totaling $25,449.71 were collected and sent to the state's general fund.
During the year, 12,831 minors worked under employment, age and theatrical certificates and permits issued by the Division. The Division returned 222 certificates for errors or noncompliance; of those 126 certificates were revoked and the remaining documents were corrected and issued. Every year the Division assists, instructs, supervises and provides supplies to over 1,500 Issuing Officers across the Commonwealth, who are charged with issuing properly executed employment certificates to minors 14 and 15 years of age.
The one-call initiative piloted in 2003 was made a permanent procedure during 2004. Under the program, wage claim investigations are initiated in Richmond by telephone contact with the employer. If the employer agrees that the wages are owed and submits the wages to DOLI for distribution to the claimant, the case will be closed immediately, with no further investigation. The initiative has proven to be successful, with collections of $78,265.18 on behalf of wage claimants. In addition, the success of the program can be measured in cost savings to the Commonwealth and in the reduction of regulatory impact on businesses.
Annually, the Labor and Employment Law staff responds to thousands of telephone and Internet inquiries from employers, employees and other interested persons requesting information and literature concerning labor laws and related matters.
2004 |
|
| Working Without an Employment Certificate | 13 |
| Failure to Keep Time Records | 9 |
| Working Illegal Hours | 13 |
| Employment of Children in Prohibited Occupations | 6 |
2004 |
|
| Payment of Wage | 2,489 |
| Child Labor | 22 |
| Minimum Wage | 0 |
| Other | 4 |
| TOTAL | 2,515 |
No. of Complaints |
Amount Collected for Claimants |
|
2002 |
2,385 |
$1,038,877.52 |
2003 |
2,321 |
$1,043,863.47 |
2004 |
2,489 |
$1,248,009.85 |
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VOSH Safety Compliance enforces the state laws and regulations that address the safety and health of workers employed in construction and general industry, both in the public and private sectors. The Division's primary responsibility is to conduct inspections of the state's private and public sector workplaces to ensure compliance with state safety standards and regulations. These inspections are conducted in response to accidents, complaints, and referrals or are randomly scheduled inspections.
The long-term approach for achieving workplace safety is to identify significant problems, determine the most effective way to address them, use the best mix of available tools, and then measure the results. For instance, Safety Compliance used Workers' Compensation First Reports of Accidents to promptly investigate amputations and other serious accidents. Other emphasis programs on scaffolding, heavy equipment, and trenching resulted in increased awareness of safety in the construction industry.
Our safety and health compliance officers performed admirably in 2004, by conducting 504 more inspections than in 2003. This is an 18% increase that is quite remarkable considering the addition and training of seven new officers this year. Combine that with eight new officers in 2003, and the increase becomes even more notable. Our Northern Virginia office performed the most inspections. That office also had the highest turnover, including a new Regional Director.
The Safety and Health Codes Board adopted a technical amendment to general requirements for Clearances, Construction of Electric Transmissions and Distribution Lines and Equipment, Construction Industry, Subpart V, 16 VAC 25-1155. This amendment will provide construction industry electrical transmission and distribution workers with safety protections identical to those already afforded their general industry counterparts.
Our Northern Virginia region again had the most fatalities in 2004. This continues to be due to the vast amount of construction in that area. Falls from heights remained the number one cause of death in the workplace for the fourth year in a row, followed closely by being “crushed by” an object or equipment. Being “struck by” an object, electrocution and explosions were the next most frequent causes of fatalities in the Commonwealth. Greater focus through consultation, education and training is being implemented statewide in an effort to decrease the overall fatality rate. Specifically, a new trainer was hired late last year to conduct training classes for employers. In addition, the Commissioner and the VOSH Director gave numerous talks to various groups and organizations throughout the state to encourage safety and health in the workplace.
The VOSH Health Compliance Division focuses on recognition and evaluation of exposure to occupational health hazards. Industrial hygiene compliance officers conduct workplace inspections to evaluate employee exposure to substances or work conditions such as air contaminants, noise, and bloodborne pathogens. The Division is also responsible for enforcing VOSH regulations that contain control measures used to reduce employee exposure to such substances/conditions, including engineering controls (industrial ventilation, enclosures, etc.), administrative controls (employee rotation, hazard communication, housekeeping, etc.), and personal protective equipment (respiratory protection, hearing protection, chemical protective clothing, etc.). Workplace inspections are generated in the same manner as for the Safety Compliance Division, i.e., through accidents, complaints, referrals or general schedule inspections. Additionally, Health Compliance continues to focus on the health hazards of silica, asbestos, and lead through special emphasis programs. The Division also has been authorized by the U.S. Environmental Protection Agency to enforce the National Emission Standard for Hazardous Air Pollutants (NESHAPs) to protect the general public and the environment from asbestos emissions during renovation and demolition activities.
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The following tables offer an analysis of VOSH enforcement activities over the period of 2002-2004:
2002 |
2003 |
2004 |
||||
Safety |
Health |
Safety |
Health |
Safety |
Health |
|
| Planned | 1157 |
311 |
1646 |
304 |
2037 |
375 |
| Follow-Up | 18 |
10 |
12 |
12 |
9 |
5 |
| Complaint | 134 |
191 |
148 |
180 |
182 |
221 |
| Referral | 161 |
43 |
121 |
57 |
127 |
69 |
| Accident/Fatality | 57 |
4 |
54 |
5 |
50 |
4 |
| Other | 217 |
39 |
194 |
69 |
174 |
63 |
| TOTALS | 1744 |
598 |
2175 |
627 |
2579 |
737 |
2002 |
2003 |
2004 |
||||
Safety |
Health |
Safety |
Health |
Safety |
Health |
|
| Serious | 2775 |
851 |
3024 |
955 |
3598 |
778 |
| Willful | 29 |
0 |
11 |
3 |
29 |
0 |
| Repeat | 89 |
14 |
157 |
9 |
136 |
11 |
| Other | 1458 |
996 |
1676 |
953 |
1678 |
861 |
| TOTAL | 4365 |
1870 |
4868 |
1920 |
5441 |
1650 |
2002 |
2003 |
2004 |
||||
Safety |
Health |
Safety |
Health |
Safety |
Health |
|
| Penalties | $2,975,667 |
$458,895 |
$2,690,331 |
$588,755 |
$3,077,350 |
$456,899 |
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The Office of Legal Support provides general legal and technical support to DOLI's occupational safety and health programs and other programs in the agency, as needed. Among its responsibilities are:
The following summarizes Office of Legal Support activities for calendar year 2004:
| Significant Case Pre-citation Reviews | 106 |
| Contested Case Review Activities | 70 |
| Settlement Agreement Activities | 119 |
| Final Orders | 115 |
| Warrant Activities | 10 |
| Subpoenas | 64 |
| Litigation Activities | 273 |
| Freedom of Information Act Requests | 317 |
| TOTAL | 1074 |
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The VOSH Office of Planning and Evaluation provides planning and procedural assistance to DOLI's occupational safety and health programs. Program evaluation efforts continue to be developed as resources permit. Accomplishments during 2004 include the following:
The Safety and Health Codes Board held three meetings and one formal public hearing during 2004. Planning and Evaluation assisted the Board to adopt, amend and/or approve several regulatory items, as follows:
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In accordance with action taken by the 2004 General Assembly, the Department of Labor and Industry's responsibility for staff support to the Migrant and Seasonal Farmworkers Board and Interagency Migrant Worker Policy Committee was transferred to the Virginia Employment Commission.
During 2004, the Department of Labor and Industry maintained its central headquarters and seven regional and field office sites to provide local constituent access throughout the Commonwealth. DOLI constantly works to enhance its quality of service to the public. Resource allocations are regularly monitored to maximize service quality and delivery.
The Division of Administration is responsible for the following agency-wide functions: accounting; budgeting; financial management and compliance (including grants); IT and management information services; regulatory promulgation; legislative coordination; records management; policy; asset, risk, contract, and facilities management; purchasing; general service support; and telecommunications.
The agency's operating budget for fiscal year 2005 (July 1, 2004-June 30, 2005) is $12.0 million ($6.7 million General Fund, $5.3 million Non-General Fund) with 180 employees.
Division of Administration accomplishments and customer service initiatives for 2004 include the following:
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During 2004, the Office of Human Resource Management continued to support the agency's mission by processing requests to fill vacant positions as efficiently as possible. The Office filled vacancies with well-qualified staff who could contribute to DOLI with minimal training.
More than one-third of the agency's positions were reviewed to ensure correct classifications and parity in salaries, resulting in 43 in-band salary adjustments. Several initiatives were instituted during the year in order to retain experienced staff. A new Rewards and Recognition Policy was implemented, including formal and informal means of recognition. To date, the new policy has been very successful. Additionally, the alternate work schedule was implemented in all offices.
The Human Resource Office successfully conducted the annual Commonwealth of Virginia Campaign.
2004 |
|
| Retirements | 5 |
| Resignations/Separations | 11 |
| New Hires | 17 |
| Promotions | 8 |
| Competitive/Voluntary Transfers | 7 |
| Non-competitive/Voluntary Transfers | 2 |
| Upward Role Changes | 4 |
| Voluntary Demotions | 1 |
Our mission is to improve and protect Virginia’s workplaces through education and enforcement, reducing fatalities and injuries at work, ensuring boiler safety, protecting children from hazardous employment, resolving payment of wage disputes, and producing highly skilled workers through registered apprenticeship.
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Produced by the Virginia Department of Labor and Industry
Editor: Patti C. Bell, Policy Analyst, Office of the Commissioner
Design: Nenette C. Alfonte, Webmaster/Graphic Designer
date posted: May 9, 2005