2003 Annual Report Title Graphic

TABLE OF CONTENTS

Our Mission

Message from the Commissioner

Apprenticeship Training
  Virginia Apprenticeship Council

Boiler Safety Compliance

Cooperative Programs
  Annual Virginia Occupational Safety and Health Conference
Consultation Services
Research and Analysis
Safety and Health Achievement Recognition Program (SHARP)
Voluntary Protection Program (VPP)

Division of Labor and Employment Law

Migrant and Seasonal Farmworkers Board and Interagency Migrant Worker Policy Committee

Occupational Safety and Health Compliance (VOSH)
  25 Most Frequently Cited Standards During Construction Industry Inspections (2002-2003)
25 Most Frequently Cited Standards During General Industry Inspections (2002-2003)

Office of Legal Support

VOSH Planning and Evaluation

Agency Operations
  Administration
  Human Resources

DOLI Office Directory

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OUR MISSION

"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 registered apprenticeship"


MESSAGE FROM THE COMMISSIONER

Since 1898, 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 2003 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 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.


C. Ray Davenport
Commissioner

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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 provides 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 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 Commonwealth.

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APPRENTICESHIP TRAINING

During 2003, the staff of the Virginia Apprenticeship program worked actively with more than 11,000 apprentices and 1,900 employers (registered sponsors) throughout the Commonwealth of Virginia. These apprentices and sponsors represent over 300 occupations, including but not limited to, electrician, maintenance mechanic, welder, and shipfitter.

Anyone interested in apprenticeship opportunities can seek apprenticeable occupations and sponsors on DOLI's Web site (www.doli.virginia.gov). The most sought-after apprenticeships include the following occupations:

  • Cosmetologist and Barber
  • Electrician
  • Electronics Mechanic
  • Heating, Ventilation and Air Conditioning (HVAC) Mechanic
  • Machinist
  • Maintenance Mechanic
  • Optician
  • Pipefitter
  • Plumber
  • Welder

DOLI's Apprenticeship staff includes a program director, senior management analyst, 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 participants, and providing ongoing customer service. The program director and analyst are housed at DOLI's headquarters office, where they manage and set policy, issue completion certificates, and represent and promote the program to the public, educators, parents, and other agencies and organizations. All staff work with several workforce training partners - the Virginia Employment Commission, the Virginia Community College System, the Department of Business Assistance, and the Bureau of Apprenticeship and Training, U. S. Department of Labor.

Virginia's Apprentices Work in a Variety of Industries, as Illustrated in the following Chart:

Apprenticeship by Industry

*Other - Includes Agriculture, Forestry and Fishing; Mining; Finance, Insurance and Real Estate; and Wholesale Trade


 

VIRGINIA APPRENTICESHIP COUNCIL

The Virginia Apprenticeship Council (VAC), 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, in collaboration with DOLI, recognizes outstanding apprentices who have completed their training programs and are nominated by their sponsoring organizations. Apprentices are judged on craftsmanship, accuracy, cooperation, leadership, decision-making, and consideration for their companies and co-workers.

At its December meeting, the Council presented annual Outstanding Apprentice Awards to four individuals:

Robert B. Arredondo, Jr., an electrician apprentice employed by Northrop Grumman Newport News, Newport News;

Mark D. Christian, a HVAC mechanic apprentice employed by University of Virginia Facilities Management, Charlottesville;

Kevin D. Clay, a maintenance mechanic apprentice employed by C. B. Fleet, Lynchburg; and

Yolanda D. Davis, a brick mason apprentice employed by Norfolk Area Bricklayers, Joint Apprenticeship Training Committee, Norfolk, Virginia.

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BOILER SAFETY COMPLIANCE

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 program's 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 2003, more than 35,021 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.

On July 2, 2003, the Virginia Safety and Health Codes Board's approved amendments to boiler rules, such as those governing waterside controls on fuel trains, went into effect, bringing the rules up to date with national standards.

During 2003, 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. Delinquent notices formerly sent following certificate expiration were replaced with reminder notices 30 days prior to expiration. 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.

A boiler inspector position was replaced and reassigned to Tidewater to provide better customer service. 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-comformances before they become violations.

ACTIVITIES OF BOILER SAFETY
 
2001
2002
2003


Total Active Objects Registered

Acceptable Inspections
(Certificates Issued)

Violations

Quality Control
Reviews/Surveys

Incidents

Injuries

Fatalities

Inspector Applicants
Passing Exams

Commissioned Inspectors


68,073


29,255

358


19

2

2

0


1

284


69,590


27,701

542


16

2

3

1


7

273


69, 007


35,021

323


21

1

1

0


1

272

 

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COOPERATIVE PROGRAMS

ANNUAL VIRGINIA OCCUPATIONAL
SAFETY AND HEALTH CONFERENCE


The Eighth Annual Virginia Safety and Health Conference was held June 4-6, 2003 at the Renaissance Portsmouth Hotel and Waterfront Conference Center. The more than 380 Conference participants engaged in safety and health training sessions on chemical exposures, accident investigations, drugs in the workplace, crane safety and Virginia payment of wage provisions, among others. Safety and health training, equipment and related products were displayed and demonstrated at more than 40 vendor exhibits.

Concurrent sessions also included opportunities to learn about emergency response systems, what to expect of a VOSH inspection, black box technology in traffic accidents, innovations in industrial hygiene, and employee safety in excavations.

The Conference succeeded in increasing session participation and improving the variety of training offered at an affordable price to employers, employees and safety and health professionals in Virginia.

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CONSULTATION SERVICES


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 2003 eleven (11) consultants provided on-site safety and health services to 515 employers in the private sector. The public sector program is funded fifty percent (50%) by federal OSHA and provided on-site service to forty-eight (48) employers. The following table outlines the program activities of Consultation Services and occupational safety and health training programs conducted for both private and public sector employers. The total number of visits are lower due to two vacancies for part of 2003, also contributing to fewer hazards issued. More SHARP recertifications contribute to fewer hazards issued because these companies are recognized as exemplary worksites; thus, they are expected to be in compliance.

CONSULTATION SERVICES: PROGRAM ACTIVITIES
 
2001
2002
2003

Consultative Surveys
(Private Sector)

Consultative Surveys
(Public Sector)

Promotional Visits

Follow-up Visits

Program Assistance Visits

Serious Hazards Abated

Serious Hazards Identified

Other-Than-Serious Hazards

Total Hazards Identified


668


49

64

16

23

3,921

3,997

1,036

5,033


641


63

58

10

28

3,720

3,877

983

4,860


515


48

63

12

34

2,975

3,075

511

3,586

 

VOSH Training staff conducted formal training programs for both the private and public sectors and provided consultative services to public sector employers as reflected in the accompanying chart.

TRAINING PROGRAM ACTIVITIES
 
2001
2002
2003


Formal Training Sessions

Informal Training Sessions

Persons Trained

Employers Represented


33

699

2,281

841


44

740

2,758

1,041


49

612

2,136

788

 

In October of 2003 the agency filled a training vacancy, which will increase formal training opportunities for private and public sector employers throughout the Commonwealth. To date, 19 training courses have been identified and developed that will be presented in 52 sessions during the first half of 2004.

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RESEARCH AND ANALYSIS


In 2003, the Research and Analysis unit conducted the 32nd Annual Survey of Occupational Injuries and Illnesses, collecting data for calendar year 2002 from 5,100 employers throughout the Commonwealth. 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 2002 was 4.4 cases per 100 full-time equivalent employees. The public sector rate for injuries and illnesses was 5.0 with a state government rate of 4.1 and a local government rate of 5.5. The Annual Survey also provides demographic characteristics of injured or ill employees and the case characteristics of the incidents that occur.

Because of the revised OSHA requirements for reporting occupational injuries and illnesses (the change in the reporting instrument to the Form 300), the estimates from the 2002 Survey are not comparable with those from previous years. In statistical terms, the change is a break in series.

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 2002, the Virginia Census reported 142 occupational fatalities, down slightly from the 146 fatalities reported in 2001. Transportation accidents (50), which include highway, nonhighway, pedestrian, air, water, and rail fatalities, decreased by 26 percent from 2001 and continued to be the leading cause of workplace fatalities. Falls (24) were at the highest level since the series began in 1992, up 50 percent from the previous year. Assaults and violent acts (22), which include homicides and suicides, more than doubled from 2001, while contact with objects and equipment (22), mainly workers struck by falling objects (13), declined by 29 percent.

The Department continued its participation in the OSHA Data Initiative for the seventh consecutive year, collecting data on approximately 1,600 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.

Workplace Fatalities by Evemt or Exposure 2002

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SHARP

The Safety and Health Achievement Recognition Program (SHARP) 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 the SHARP program, 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 2003, twenty-six (26) businesses were recognized as participants in SHARP. Of these, seven (7) companies achieved SHARP status for the first time and nineteen (19) companies were recertified in the program. There are also five (5) companies in the deferral program with hopes of achieving SHARP status during 2004.

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VOLUNTARY PROTECTION PROGRAM

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 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, the final certification as a Star facility requires agreement to an intensive, week-long inspection by a VOSH VPP review team. The inspection team interviews employees, reviews safety and health plans, observes work practices, and verifies 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.

In 2003, the goals for the program 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 participation as Private Industry Volunteers (PIVs). In all of these areas the program achieved very favorable results. The number of Star Worksites increased from 23 to 25, at least half of the current Star Worksites were actively involved in mentoring other sites, and the number of PIVs increased from 2 to 10. Success in these areas is reflective of the increase in recognition of the VPP and in the high level of employer support for the program.

For 2004, there are three main objectives for Virginia's program:

  • Develop and implement a training program for Private Industry Volunteers. Virginia currently relies on training courses sponsored by federal OSHA. However, the cost of travel and the relatively small number of scheduled classes make it difficult for businesses to send their employees to this valuable training. Instituting an agency program will give us the flexibility to schedule the training at times and in locations that will best serve Virginia.
  • Raise the number of PIVs in the state from 10 to 20. Implementation of the first objective will help achieve this increase and is important for two reasons. First, it increases the opportunity for Virginia businesses to share best practices. Private industry volunteers, as members of VPP audit teams, can share their ideas with those companies undergoing certification. Equally important is that PIVs will have the opportunity as team members to observe the best practices of the companies that they audit. Attainment of this objective is also important because it will help to offset the costs to Virginia associated with audit team activities; Star worksites that sponsor PIVs assume full financial responsibility for them.
  • Continue increasing the number of Star sites that are actively involved in mentoring other sites. In view of the state's limited resources, it makes good sense to leverage the skills and knowledge of Virginia's private employers to help the agency achieve its goals.

The realization of these three objectives will ensure that the program continues to grow, that it will be an increasingly effective vehicle for the sharing of best practices, and that this increased effectiveness will encourage more employers to voluntarily improve their safety and health programs and seek recognition through VPP.

VPP Data 2003

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DIVISION OF LABOR AND EMPLOYMENT LAW

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, employees' day of rest and discharge for work-related injuries.

DOLI's Labor and Employment Law staff includes a director, legal assistant and program staff located in the agency's headquarters office and nine labor law representatives that work in offices located throughout the state.
In 2003, the Division collected $1,046,863.47 in wages on behalf of employees who worked in the Commonwealth of Virginia. Civil monetary penalties in the amount of $212,125.00 were assessed and reduced to judgment, and a total of $24,023.33 in civil monetary penalties was collected and sent to the state's general fund.

During 2003, there were 15,088 minors working under Labor and Employment Law certificates; 14,696 were working with employment certificates, 30 with age certificates and 362 with theatrical permits. The Division returned 194 employment certificates for errors or noncompliance; of those, 108 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 the responsibility of issuing properly executed employment certificates to minors 14 and 15 years of age.

The General Assembly amended the Payment of Wage Act in 2003 to allow employers to pay employees with pay cards. The new law, which went into effect on July 1, 2003, allows an employer to pay its employees with pay cards only if the employees elect to be paid by that method. The amendment also requires employers who want to use pay cards to establish a trust fund account from which pay card wage payments will be made. In order for the employer to comply with §40.1-29 of the Code of Virginia, every employee receiving his or her wages by way of a pay card will be a named beneficiary of the trust fund.

A one-call pilot program was initiated in December of 2003. Designed to provide more efficient service to our constituents, payment of wage cases selected for this program so far have arisen primarily in the Tidewater region. Under the pilot program, rather than initiating each case by corresponding with the employer, a labor law representative will first contact the employer by telephone. If successful in reaching the employer, the representative will explain that the agency has received a complaint and ask if the employer owes the claimant, often a former employee, the wages that are indicated on the claim form. If the employer agrees that the wages are due 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 collection of $13,411.71 in wages by contacting 88 employers over a six-week period.

Annually, Labor and Employment Law staff respond to thousands of telephone and Internet inquiries from employers, employees, and other interested persons requesting information and literature concerning labor laws and related concerns.

CHILD LABOR PENALTY ANALYSIS


Working Without an Employment Certificate

Failure to Keep Time Records

Working Illegal Hours

Employment of Children in Prohibited Occupations


12

9

16

4

TOTAL
41

Child Labor Complaints were Investigated Against 14 Companies in 2003, Resulting in 41 Violations.

 

COMPLAINT INVESTIGATION 2003
(BY CLASSIFICATION)


Payment of Wage

Child Labor

Minimum Wage

Other


2,321

32

2

5

Total
2,360

 

PAYMENT OF WAGES
 


NO. OF COMPLAINTS


AMOUNT COLLECTED
FOR CLAIMANTS

2001
2,795
$1,223,204.92
2002
2,385
$1,038,877.52
2003
2,321
$1,046,863.47

 

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MIGRANT AND SEASONAL FARMWORKERS BOARD
AND INTERAGENCY MIGRANT WORKER POLICY COMMITTEE

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 interest groups. The Committee, which also meets on a quarterly basis, is comprised of representatives of 16 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 Virginia. 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.

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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. The primary responsibility of the division is to enforce these laws by conducting 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 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.

The Richmond regional office changed location from Main Street Station in downtown Richmond to the North Run Office Complex on Parham Road in the West End. This move was necessitated by the conversion of Main Street Station back into a full-fledged train depot.

In addition, eight new Compliance Officers were hired in 2003 and are in the process of being trained. This is certainly a greater number of new hires than normal, but the transition is going extremely well.

Proposed General Requirements for Clearances, Construction of Electric Transmission and Distribution Lines and Equipment in the Construction Industry were presented to the Safety and Health Codes Board. These requirements matched Construction standards to existing General Industry standards, basically requiring prevention of exposure to other body parts, other than hands and arms, during construction.

The Safety and Health Codes Board also adopted a technical amendment to the final rule for Powered Industrial Trucks, General Industry, §1910.178 to include the latest federal changes.

In addition, the Board amended the final rule for Occupational Injury and Illness Recording and Reporting Requirements, §§ 1904.12 and 1904.29(b)(7)(vi) to include the December 2002 federal changes. The amendments deleted musculoskeletal disorders record keeping provisions.

On August 12, 2003 the Safety and Health Codes Board held a public hearing in compliance with the regulatory adoption process of the Administrative Process Act. The Board received public comments regarding the proposed Virginia-unique regulation on Safety Standards for Fall Protection in Steel Erection in the Construction Industry. The Steel Erection rulemaking was finalized in November 2003, allowing Virginia to continue requiring fall protection in steel erection at heights of 10 feet or higher, and not to recognize controlled decking zones in steel erection.

Our Northern Virginia region had the most fatalities in 2003. This was largely due to the great amount of construction in that area. Falls from heights remained the number one cause of death in the workplace for the third 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 and education and training is being implemented throughout the state that hopefully will have a positive effect on the overall fatality rate. Specifically, a new Trainer was hired in 2003 to conduct training classes for employers. In addition, the Commissioner and the VOSH Director gave numerous talks to various groups and organizations encouraging 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 the VOSH Safety Compliance Division, i.e., through accidents, complaints, referrals or general schedule inspections. Additionally, the Health Compliance Division continues to focus on the health hazards of silica, asbestos, and lead through special emphasis programs. The Health Compliance Division also has been authorized by the U.S. Environmental Protection Agency to enforce the National Emission Standard for Hazardous Air Pollutants (NESHAPs) for the protection of the general public and the environment from asbestos emissions during renovation and demolition activities.

The following tables offer an analysis of the activities
of VOSH enforcement over the period of 2001-2003:

OCCUPATIONAL SAFETY & HEALTH INSPECTIONS
 
2001
2002
2003

 

Planned

Follow-up

Complaint

Referral

Accident/Fatality

Other

Safety

1106

22

184

250

54

329

Health

364

6

184

66

3

64

Safety

1157

18

134

161

57

217

Health

311

10

191

43

4

39

Safety

1646

12

148

121

54

194

Health

304

12

180

57

5

69

TOTALS
1945
687
1744
598
2175
627

 

HAZARDS IDENTIFIED
 
2001
2002
2003

 

Serious

Willful

Repeat

Other

Safety

3404

23

126

1619

Health

946

2

10

900

Safety

2775

29

89

1458

Health

851

0

14

996

Safety

3024

11

157

1676

Health

955

3

9

953

TOTALS
5172
1858
4365
1870
4868
1920

 

PENALTIES ASSESSED (IN DOLLARS)
 
2001
2002
2003

 

Penalties

Failure to Abate

Safety

$3,023,822

$0

Health

$538,036

$0

Safety

$2,975,667

$130,000

Health

$458,895

$66,600

Safety

$2,690,331

$500

Health

$588,755

$14,250

TOTAL PENALTIES
$3,023,822
$538,036
$3,105,667
$525,495
$2,690,831
$603,005

 

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25 MOST FREQUENTLY CITED STANDARDS DURING CONSTRUCTION INSPECTIONS
(OCTOBER 1, 2002 - SEPTEMBER 30, 2003)

25 MOST FREQUENTLY CITED STANDARDS DURING GENERAL INDUSTRY INSPECTIONS
(OCTOBER 1, 2002 - SEPTEMBER 30, 2003)

 



OFFICE OF LEGAL SUPPORT

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:

  • reviewing and processing VOSH contested cases, significant cases (e.g. pre-citation review of fatality and proposed willful citation cases), formal settlement agreements, administrative search warrant requests, subpoenas for documents and testimony;
  • litigating VOSH contested cases in Virginia Circuit Courts by serving as Special Assistant Commonwealth's Attorneys, or assisting Commonwealth's Attorneys in their prosecution of our cases (Litigation work is done with the review and approval of the Assistant Attorney General assigned to the Department.);
  • processing requests for information under the Virginia Freedom of Information Act;
  • evaluating and responding to Complaints Against State Plan Administration (CASPAs); and
  • assisting divisions in the development of policies and procedures, standards, and statutory changes.
OFFICE OF LEGAL SUPPORT ACTIVITIES


Significant Case Pre-Citation Reviews

Contested Case Review Activities

Settlement Agreement Activities

Final Orders

Warrant Activities

Subpoenas

Litigation Activities

Freedom of Information Act Requests


97

81

51

74

8

39

260

359

TOTAL
969

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VOSH PLANNING AND EVALUATION


The VOSH Office of Planning and Evaluation (OPE) 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 2003 include the following:

  • Issued 29 program directives dealing with inspection or enforcement procedures for individual standards, compliance assistance, or specific emphasis programs;
  • Coordinated with the Office of Legal Support, as needed, to develop performance measures;
  • Updated and reprinted three VOSH publications: Employer's Rights and Responsibilities Following a VOSH Inspection, Closing Conference Guide, and the Administrative Regulations Manual; and
  • Developed alternate e-versions of the revised VOSH Field Operations Manual, program directives system and related manuals for posting on the Virginia Regulatory Town Hall Web site.

Safety and Health Codes Board Meeting 2003


The Safety and Health Codes Board held two meetings and one public hearing during 2003. OPE assisted the Board in the adoption, amendment, and approval of several regulatory actions, as follows:

  • Adopted new proposed General Requirements for Clearances, Construction of Electric Transmission and Distribution Lines and Equipment in the Construction Industry;
  • Adopted a technical amendment to the final rule for Powered Industrial Trucks, General Industry, §1910.178 to include the latest federal changes;
  • Amended the final rule for Occupational Injury and Illness Recording and Reporting Requirements, §§1904.12 and 1904.29(b) (7)(vi) to include the December 2002 and June 2003 federal changes;
  • Held a public hearing to receive public comments regarding the proposed, and subsequently adopted, Virginia-unique regulation on Safety Standards for Fall Protection in Steel Erection in the Construction Industry; and
  • Authorized the development of a Notice of Intended Regulatory Action (NOIRA) for Boiler and Pressure Vessel Rules and Regulations concerning contract fee inspector financial responsibility.

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AGENCY OPERATIONS

ADMINISTRATION

The Division of Administration is responsible for the following agency-wide functions: accounting, budgeting, financial management and compliance (including grants), information technology, records management, regulatory promulgation, legislative coordination, policy management, asset management, risk management, contract management, purchasing, facilities management, mail and copier support, and telecommunications. The agency's operating budget for fiscal year 2004 is $12.3 million ($6.4 million General Fund, $5.9 million Nongeneral Fund), with 177 employees.

During 2003, the Division of Administration implemented several customer service initiatives, including the following:

  • Provided the public with the results of agency performance measures at www.dpb.state.va.us/VAResults;
  • Continued efforts to increase purchases from small, minority and women-owned businesses;

  • Implemented the Commonwealth's e-Virginia electronic procurement system;
  • Met and exceeded the Virginia Prompt Payment Act's requirements for vendor payments (30-day prompt payment requirement established at 95%; actual performance achieved 99.9%);
  • Issued agency policy, "Preparation and Publication of Regulations, Meeting/Public Notices, Meeting Minutes and Guidance Documents" to ensure public accessibility to the regulatory process;
  • Increased availability of guidance documents that provide information or guidance on interpreting or implementing statutes. Copies are available regionally and are accessible on the Internet at the Regulatory Town Hall Web site: www.townhall.state.va.us;
  • Added a search feature, a public feedback form and current events to DOLI's Web site: www.doli.state.va.us;
  • Increased user anti-virus protection when accessing the Web site; and
  • Conducted meetings through teleconferencing, reducing travel time and costs.

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HUMAN RESOURCES


During 2003, the Office of Human Resource Management continued to support the agency's mission by processing requests to fill vacant positions as efficiently as possible. DOLI attempted to fill positions with well-qualified staff who could contribute and perform their work with minimal training.

The agency had eight (8) retirements and ten (10) resignations/separations. Sixteen (16) new employees were hired, and ten (10) employees received promotions. A reduction in force resulted in five (5) layoffs, and three (3) staff members were out for part or all of the year on military leave. Recruiting efforts were successful. However, DOLI is continually challenged to retain and hire professional employees because of budgetary constraints.

The Human Resource Office conducted the yearly Commonwealth of Virginia Campaign. DOLI employees received a silver award for their participation and charitable contributions to their communities.

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OFFICE LOCATIONS


 

Several DOLI staff voluntarily participated in the September 11, 2001 World Trade Center clean-up and recovery efforts, as well as documented fatalities that occurred at the Pentagon. On December 17, 2003, Governor Mark Warner recognized each individual, as well as presented mementos and thank-you letters from the U.S. Department of Labor.

Governor Warner Recognizes DOLI Members who Contibuted to 911 Recovery Efforts

(L-R) Commissioner Davenport, Larry Linton, Clark Brinkmeyer, Dwight Crews, Nancy Jakubec,
Governor Warner, John VanLuik, Richard Rouse, Paul Trabosh, Dennis Childress, and Doug Damon.

 


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 registered apprenticeship


 

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Date Posted: Tuesday, June 22, 2004

 

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