Virginia Regulatory Town Hall
Department of Labor and Industry
Safety and Health Codes Board
Federal Identical Construction Industry Standards [16 VAC 25 ‑ 175]
Chapter is Exempt from Article 2 of the Administrative Process Act
Action is Exempt from Article 2 of the Administrative Process Act
Amendment to Cranes and Derricks in Construction: Operator Certification
Action 4299
General Information
Action Summary Federal OSHA published this final rule amendment to extend for an additional three years the employer duty to ensure crane operator competency for construction work, from November 10, 2014, to November 10, 2017 as well as the enforcement date for crane operator certification for three years from November 10, 2014, to November 10, 2017 for a total federal extension of seven years. The Virginia Occupational Safety and Health (VOSH) Program also seeks to extend this deadline to November 10, 2017. The Board originally adopted its own unique initial delayed enactment dates for these competency and certification requirements at its meeting on January 20, 2011 for OSHA’s original August 9, 2010 overall revision of the standard in order to account for the time interval between OSHA’s adoption and VOSH’s subsequent adoption. With this second federal delay, now a total of seven (7) years from the 2010 federal adoption, VOSH believes that the benefit to employers who may operate in multiple states or jurisdictions to having federal identical enforcement dates for this competency and certification outweighs any loss by the shortfall of approximately three months by not continuing with a VOSH unique effective date for the full additional three years. Adoption of the federal deadline this time results in 2.75 years of additional extension in Virginia for a total of 6.75 years.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: This regulatory action is exempt from executive branch review pursuant to § 2.2-4006 of the Virginia Administrative Process Act (APA).
RIS Project Yes  [004250]
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
7128 Final Stage complete. This regulation became effective on 02/15/2015.
Contact Information
Name / Title: Cristin Bernhardt  / Regulatory Coordinator / Staff Attorney
Address: Main Street Centre
600 East Main Street
Richmond, VA 23219
Email Address:
Phone: (804)786-2392    FAX: (804)786-2641    TDD: ()-

This person is the primary contact for this agency.