TABLE OF CONTENTSOUR MISSION
MESSAGE FROM THE COMMISSIONER
VIRGINIA DEPARTMENT OF LABOR AND INDUSTRY
APPRENTICESHIP TRAINING
VIRGINIA APPRENTICESHIP COUNCIL
BOILER SAFETY COMPLIANCE
COOPERATIVE PROGRAMSANNUAL
VIRGINIA OCCUPATIONAL
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
CONSULTATION
SERVICES: PROGRAM ACTIVITIES |
|||
|
2001 |
2002 |
2003 |
|
|
Consultative Surveys Consultative Surveys Promotional Visits Follow-up Visits Program Assistance Visits Serious Hazards Abated Serious Hazards Identified Other-Than-Serious Hazards Total Hazards Identified |
64 16 23 3,921 3,997 1,036 5,033 |
58 10 28 3,720 3,877 983 4,860 |
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 |
|
|
Informal Training Sessions Persons Trained Employers Represented |
699 2,281 841 |
740 2,758 1,041 |
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.
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.

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.
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.

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 |
|
|
Failure to Keep Time Records Working Illegal Hours Employment of Children in Prohibited Occupations |
9 16 4 |
| TOTAL |
41 |
| Child Labor Complaints were Investigated Against 14 Companies in 2003, Resulting in 41 Violations. |
|
COMPLAINT
INVESTIGATION 2003 (BY CLASSIFICATION) |
|
|
Child Labor Minimum Wage Other |
32 2 5 |
| Total |
2,360 |
|
PAYMENT
OF WAGES |
||
|
|
|
|
|
2001 |
2,795 |
$1,223,204.92 |
|
2002 |
2,385 |
$1,038,877.52 |
|
2003 |
2,321 |
$1,046,863.47 |
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.
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 |
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 |
|
|
Contested Case Review Activities Settlement Agreement Activities Final Orders Warrant Activities Subpoenas Litigation Activities Freedom of Information Act Requests |
81 51 74 8 39 260 359 |
| TOTAL |
969 |
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.

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.
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.
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.
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.

(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
return to top | return to Annual Reports
Who We Are | What We Do | Most Requested | Site Map | Contacting DOLI | Home
Date Posted: Tuesday, June 22, 2004