Department of Labor and Industry
TABLE OF CONTENTS
"To make Virginia a better place to work by promoting safe and healthful
workplaces and best employment practices and to provide employers an opportunity
to train a skilled workforce through a proven, cost-effective system of
For 104 years now, the Virginia Department of Labor and Industry (DOLI) 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 2002 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, the right to work and other labor laws. Our boiler safety program 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 http://www.doli.virginia.gov. If my staff or I can be of assistance to you, please contact us.
Virginia Department of Labor and Industry
The Virginia Department of Labor and Industry (DOLI) is dedicated to
serving the needs of the citizens of the Commonwealth by making Virginia
a safe, healthy, and productive place to work. The Agency's Occupational
Safety and Health, Labor and Employment Law, Apprenticeship, Boiler Safety
Compliance, Office of Legal Support, Information Technology and Administrative
operations provide a broad variety of services to employers and workers.
Along with the Virginia Safety and Health Codes Board, the Migrant and
Seasonal Farmworkers Board and the Virginia Apprenticeship Council, DOLI
administers and enforces Virginia's occupational safety and health programs,
payment of wage statute, right-to-work and child labor laws, worker apprenticeship
programs, and 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 Commonwealth.
Virginia Occupational Safety and Health Compliance
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. Our primary responsibility is to conduct inspections of the state's workplaces to ensure compliance with state safety standards and regulations. These inspections are conducted in response to accidents, complaints, referrals or general schedule inspections.
The following tables offer an analysis of the activities of VOSH enforcement over the period of 2000-2002:
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.
In response to budgetary constraints, VOSH has reorganized from five regions to four regions with one additional field office in Verona. No reduction in performance is anticipated. Future considerations are being reviewed to alleviate the workload in our busy Northern Virginia region and remain within our budgetary constraints. Despite these budgetary concerns, the number of workplace fatalities decreased slightly in 2002. We vigorously continue to evaluate additional activities that could be targeted to further reduce workplace fatalities. In addition, four new Compliance Officers were hired in 2002 and are in the process of being trained. Several VOSH Compliance Officers participated in a joint training session with other officers from North Carolina. This joint training session was very cost effective and productive.
Several of our VOSH Compliance Officers (Safety and Health) responded to the request for help in the cleanup at the World Trade Center the early part of this year. This clearly demonstrates the patriotism of our staff and their willingness to keep the workplace safe, not only for Virginia's workers but for other workers as well.
VOSH Health Compliance also enforces the state laws and regulations that address the safety and health of Virginia's workers. Industrial hygienists conduct workplace inspections to determine compliance with the health portions of the standards. Workplace inspections are generated through accidents, complaints, referrals or the general schedule scheme. Furthermore, Health Compliance is authorized by the U. S. Environmental Protection Agency to implement and enforce provisions of the National Emission Standard for Hazardous Air Pollutants (NESHAP) related to asbestos. In addition, Health Compliance conducts inspections to determine conformity with the Commonwealth's Asbestos and Lead Licensing Law.
Some 18,000 migrant and seasonal farmworkers help tend Virginia's crops annually, serving a critical role in the state's agricultural economy. Virginia has both a Governor's Migrant and Seasonal Farmworkers Advisory Board and an Interagency Migrant Worker Policy Committee. The Board, which meets quarterly, is comprised of 15 representatives of grower communities; migrant and seasonal farmworkers; government, public and private agencies and service providers; and interest groups. The Committee, which usually also meets on a quarterly basis, is comprised of representatives of 17 state agencies that serve farmworkers. The Board's and Committee's primary roles are reviewing, coordinating, and evaluating services and addressing issues regarding migrant and seasonal farmworkers in the Commonwealth. The Virginia Department of Labor and Industry provides staff support to both the Board and Committee, with the Commissioner serving as Committee Chairman.
A biennial report detailing Board and Policy Committee activities is prepared and sent to the Governor and General Assembly.
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. Through a program funded ninety percent (90%)
by Federal OSHA and available only to private sector employers, we provided
on-site safety and health services to 612 employers. A companion public
sector program is funded fifty percent (50%) by Federal OSHA and provided
on-site service to sixty-three (63) employers. The following table outlines
activities of Consultation Services and occupational safety and health
training programs conducted for both private and public sector employers.
The total number of surveys is lower again in 2002 due to two vacant consultant
positions for a portion of the year. Fewer surveys resulted in fewer hazards
In 2002, Consultation Services was awarded a special grant from Federal OSHA to develop a training program in Emergency Preparedness for small employers who are in high hazard industries. This project was to focus on businesses that were prone to any potential disasters such as natural, man-made, and individual or organized terrorism. Program content included the evaluation of an establishment to ascertain the need for an Emergency Action Plan, the five steps in assessing risk, and the minimum elements needed in an Emergency Action Plan. Through a Memorandum of Understanding with the Virginia Labor Studies Center at Virginia Commonwealth University, Emergency Preparedness classes were conducted throughout the state. A reference manual developed as a planning guide for small business was translated to Spanish and made available in hard copy as well as electronic format.
Consultation Services sponsors a Safety and Health Achievement Recognition Program (SHARP) that provides incentives and support to smaller, 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.
In 2002, thirty-five (35) businesses were recognized as participants in SHARP. Of these, seven (7) companies achieved SHARP status for the first time and twenty-eight (28) companies were recertified in the program. Three companies participated in a deferral program working toward achieving SHARP status during 2003.
he Virginia Voluntary Protection Program (VPP) is patterned after the Federal Voluntary Protection Program 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 and Merit. 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 their application, their final certification as a Star facility requires that they agree to an intensive weeklong inspection by a DOLI 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, that have injury and illness rates below the state and national averages for their industry, and who can successfully pass the on-site inspection will have their facilities certified as Star worksites.
After an employer is certified, the program also requires them to make a commitment to share their expertise and best practices with other companies that want to improve their safety and health programs and to mentor companies that wish to become certified as Star worksites.
In 2002 the Virginia VPP program continued to see increased participation and interest from Virginia employers, certifying an additional seven Star worksites. This brought the total number of Star sites in Virginia to 23.
The goal for the coming year is for continued growth in the number of Star worksites in Virginia and to make the rate of growth more predictable. Achieving this will require a greater emphasis on increasing the number of Star certified employers that are actively involved in mentoring other employers who wish to become Star certified. A high priority will also be placed on adding to the number of volunteers from private industry that are able to augment the VPP review teams. In 2003 there are plans for as many as ten employees from our Star worksites to attend specialized training that will qualify them to work as volunteer members of those teams.
The Hotel Roanoke was the site of the Seventh Annual Virginia Occupational Safety and Health Conference held June 19-21, 2002 with a "Reach for the Stars" theme. Nationally known researcher, writer and speaker Scott Geller provided the more than 350 participants with a provocative presentation, Behavioral-Based Safety in the Workplace, to open the conference. Safety and health training, equipment, and other related products were displayed and demonstrated at the 40 vendor exhibits.
Concurrent sessions continued the theme by providing learning opportunities on subjects such as Using Behavior-Based Safety to Achieve a Total Safety Culture, Case Studies in Toxicology, Fire Safety, More and Better Practical Approaches to Fall Protection, How to Prepare Your Company for the Voluntary Protection Program, and Emergency Preparedness. As the final general session of the conference, two inspectors - one from OSHA and one from VOSH - and a local chaplain told of their experiences while assisting to monitor and counsel workers involved with cleanup procedures at the World Trade Center following the 9/11 tragedy. A resounding success, this annual conference met its goal of providing affordable, quality safety and health training to employers, employees, and safety and health professionals in Virginia.
In 2002 the Research and Analysis unit conducted the Annual Survey of Occupational Injuries and Illnesses, collecting data from 5,100 employers, and reported results for calendar year 2001. The Annual Survey reports injury and illness rates by industry for Virginia and 53 other jurisdictions under a cooperative agreement with the U.S. Department of Labor, Bureau of Labor Statistics. Virginia's private sector rate for 2001 was an historic low of 4.8 cases per 100 employees, as the chart illustrates. The public sector rate for injuries and illnesses was 5.8, with a state government rate of 5.3 and a local government rate of 6.1. The Annual Survey also provides demographic characteristics of injured or ill employees and the characteristics of the incidents that occur.
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 State Health Department is necessary. The Census, conducted yearly by the Research and Analysis unit, includes all work-related fatalities, whether or not they are subject to OSHA law and standards.
In 2001, the Virginia Census reported 311 fatalities, more than twice the 148 fatalities reported in 2000. This significant increase was due to the September 11 terrorist attack at the Pentagon that resulted in 165 workplace fatalities. All 125 deaths in the Pentagon building and 40 of the 59 deaths on the plane (not including the 5 identified as terrorists) were deemed work-related. Excluding the terrorist event, the overall workplace fatality count was 146, as illustrated by the chart.
The Department participated in the OSHA Data Initiative for the sixth consecutive year, collecting data on approximately 2,000 Virginia companies identified by OSHA in high-hazard industries, including construction.
The information gathered through this mandatory survey can be used to target VOSH interventions and to establish and track performance measures.
The Office of VOSH Planning and Evaluation provides planning and procedural assistance to the Agency's occupational safety and health programs. Program evaluation efforts will be developed as resources permit. During the year, the Office:
VOSH Planning and Evaluation assisted the Board at its April 11, 2002 meeting in approving several proposed amendments and developing a Notice of Intended Regulatory Action (NOIRA). Subsequently, the Office assisted the Board at its December 2, 2002 meeting in adopting the following:
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 Division collected $1,038,877.52 in wages on behalf of employees
in the Commonwealth of Virginia. A total of $42,392.45 in civil monetary
penalties was collected and sent to the state's general fund.
Annually, Labor and Employment Law staff respond to thousands of telephone calls from employers, employees and other interested persons requesting information and literature concerning labor laws and related concerns. In addition, we now handle thousands of inquiries by e-mail.
During 2002, the staff of the Virginia Registered Apprenticeship program
worked actively with more than 10,900 apprentices and 2,000 employers
(registered sponsors) throughout the Commonwealth of Virginia. These apprentices
and sponsors represent more than 300 occupations, including but not limited
to, computer programmer, electrician, maintenance mechanic, welder, and
Apprenticeship staff includes a program director, assistant program director, and nine field representatives. Field representatives work from offices located in all regions of the state and are responsible for developing sponsorships through program promotion, registering new program participants, and providing ongoing customer service. The program director and assistant program director work in DOLI's headquarters office and develop policy and procedures, as well as work with statewide partners such as the Virginia Community College System, the Department of Business Assistance, and the Virginia Employment Commission.
Virginia's apprentices work in a variety of industries, as illustrated in the following chart:
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.
At its December meeting, the Council presented its annual Outstanding
Apprentices awards to four individuals, an optician apprentice, a machinist
apprentice, a plumbing apprentice, and a cosmetology apprentice. The annual
awards program honors outstanding apprentices who have completed their
training programs and are nominated by their sponsoring organizations.
Under the guidance of the Chief Inspector, Boiler Safety Compliance enforces
and oversees the provisions of the Boiler and Pressure Vessel Safety Act.
Our 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
In 2002, more than 28,243 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 the Virginia Commissions from the Department of Labor and Industry for their inspection personnel.
Web Focus: In 2002, hits to the DOLI
Web site increased by 19.4% over 2001 to 85,466 page views. Among the
popular offerings on DOLI's Web site were Labor and Employment Law and
Publications pages. The most popular downloaded files were the 2002 Virginia
Occupational Safety and Health (VOSH) Conference brochure, our Job Safety
and Health poster, and the Administrative Regulations Manual (ARM), all
In the third quarter of 2002, DOLI Information Technology (IT) formed
a redesign committee to completely design a user-friendlier, more customer
service-oriented site, and well-thought additional contents for programs
and services. All Agency forms are available in interactive PDF or MS
Word template format. An on-line customer feedback page and sign-up for
regulatory notification forms were prepared for the re-launch of the DOLI
site in early 2003. Our Web site helps keep the public informed by including
Boiler and Pressure Vessel Safety interpretations, Apprenticeship Training's
database lookup for sponsors and occupations, the Annual VOSH Conference,
VOSH's Unique Standards, applicable regulations for Labor and Employment
Law, and employment opportunities.
Information Technology is continually providing graphic arts and desktop publishing needs to various programs. Designing and developing graphic arts and publications in-house have resulted in significant savings to the Agency.
Program Applications: Five Oracle databases on central office servers support four programs and the Agency's fiscal requirements. These programs are Apprenticeship, Labor and Employment Law, Boiler Safety, VOSH and the Office of Administration's accounting division.
User Workstations: All seven of DOLI's remote offices utilize Pentium 500 MHz personal computers for word processing and spreadsheet analysis, to access and maintain multiple program application databases, and to access the Internet. All agency computers run the Windows operating system. Thirty (30) notebook computers are also available to program personnel for field use.
Help Desk: During the year, IT's Help Desk received 300 calls for support and maintenance to existing production systems. All of those calls were successfully closed.
Connectivity: Novell NetWare local area network (LAN) provides all offices with local communication, file sharing and printer sharing capabilities. A Novell Netware wide area network enables statewide communication among all offices, along with Internet access for all employees.
We provide in-house training classes for staff on the Novell GroupWise 6 (GW 6) e-mail application. With integrated message, attachment and scheduling capability, GW 6 enables all DOLI users to electronically communicate information and transmit files between agency offices and outside the agency. DOLI users may securely access their e-mail from anywhere with Internet access.
The following information illustrates the reliability of DOLI's connectivity and the diligence of our staff:
E-Government: Our Web site, http://www.doli.virginia.gov, provides public access to program related information and is deemed an indispensable extension of our branch offices.
Development: IT staff made substantial improvements to existing Oracle applications allowing for more efficient and productive results. The Lead and Asbestos Tracking System was upgraded and relocated on a new server, improving retrieval time from several minutes to less than 3 seconds. New reports and a module allowing for reassignment of Labor Law cases from the Regional Offices to DOLI headquarters and vice versa were created. Improvements in the Registered Apprentice program application were made to facilitate generation of more attractive and prestigious completion certificates for apprentices and a new certificate to recognize long-time sponsors.
Richmond - Headquarters
Richmond - Central Region
Manassas - Northern Virginia
Norfolk - Tidewater Region
Roanoke - Southwest Region
Abingdon - Field Office
Lynchburg - Field Office
Verona - Field Office
date posted: Wednesday, July 1, 2009 3:21 PM
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