Virginia Department of Labor and Industry

Frequently Asked Questions: VOSH Enforcement - cont.

So, Is Federal OSHA also going to inspect us?
No. Virginia has its own state plan and conducts inspections under the guidance of Federal OSHA. However, Federal OSHA or other Federal Agencies with safety and health jurisdiction (e.g., Mine Safety and Health Administration (MSHA)) still inspects the following in Virginia: Mines and Quarries, Railroads, Nuclear facilities, other Federal employers, Federal installations and private sector maritime employers.

What if I don't agree with the citations?
You can schedule an informal conference with your VOSH regional office. An informal conference may be held for the purpose of discussing any issue raised by the inspection, citation, abatement order, proposed penalty, notice of contest, or any other disputed issue.

Can I contest the citations? If so, what is the contest process?
Yes. An employer to whom a citation or proposed penalty has been issued may contest the citation by notifying, in writing, the VOSH regional office that issued the citation(s). The notice of contest must be mailed or delivered by hand within 15 working days from the receipt of the citation or proposed penalty. No mistake, inadvertence, or neglect on the part of the employer shall serve to extend the 15 working day period in which the employer must contest.

How do I file a complaint? Can I do it all on-line?
Any person who believes that a safety or health hazard exists in a workplace may request an inspection by giving notice to the Commissioner. See How to File a Complaint. Written complaints signed by an employee or an authorized representative will be treated as formal complaints. Complaints by persons other than employees and authorized representatives and unsigned complaints by employees or authorized representatives shall be treated as nonformal complaints. Nonformal complaints will generally be handled by letter; formal complaints will generally result in an inspection.

Where do I get a copy of the VOSH standards? How much do they cost?
VOSH standards are virtually identical to the Federal standards with a few unique exceptions that are listed on this Web site. OSHA standards books are available through the following sources: MANNCOMM 1-888-322-4942, Government Printing Office 1-202-512-1800, and CCH 1-800-835-5224. The books cost approximately $45 for the General Industry (CFR 1910) book and $37 for the Construction (CFR 1926) book.

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