Agencies | Governor
Virginia Regulatory Town Hall
Commerce and Trade
Department of Labor and Industry
Safety and Health Codes Board
Petition 265
Petition Information
Petition Title Amend Administrative Regulation for the Virginia Occupational Safety and Health Program
Date Filed 12/18/2017    [Transmittal Sheet]
Petitioner Robert R. Payne, University of Alabama at Birmingham 
Petitioner's Request

Section 16VAC25-60-120 currently provides as follows:

"The employer shall comply with the manufacturer's specifications and limitations applicable to the operation, training, use, installation, inspection, testing, repair and maintenance of all machinery, vehicles, tools, materials and equipment, unless specifically superseded by a more stringent corresponding requirement in 29 CFR Part 1910. The use of any machinery, vehicle, tool, material or equipment that is not in compliance with any applicable requirement of the manufacturer is prohibited, and shall either be identified by the employer as unsafe by tagging or locking the controls to render them inoperable or be physically removed from its place of use or operation.”


The petition requests the following language be added to the end of the current regulation:

"Any employer who is using machinery, vehicles, tools, materials or equipment as part of a Process Safety Management (PSM) covered process, as defined in 29 CFR (Code of Federal Regulations) 1910.119, may adjust the operation, training, use, installation, inspection, testing, repair or maintenance after completion of the following:

•           Documenting the adjustment from the Manufacturer’s Specifications and Limitations (MS&L) in the Process Safety Information (PSI)

•           Completing the Management of Change (MOC) requirement described in 29 C.F.R. 1910.119(l) and

•           Certification from a company executive that they have examined this adjustment and that to the best of their knowledge the information is true, accurate and complete.”

Agency's Plan

In accordance with Va. Code §2.2-4007.B, the petition has been filed with the Register of Regulations and will be published on January 8, 2018.  Comment on the petition may be sent by email, regular mail or posted on the Virginia Regulatory Townhall at  Comment will be requested until January 28, 2018.  Following receipt of all comments on the petition to amend the regulation, the Safety and Health Codes Board will decide whether to make any changes to the regulatory language.  This matter will be on the Board's agenda for its next regularly schedule meeting following the end of the comment period.  The Board does not currently have a meeting scheduled.  The Board will issue a written decision on the petition within 90 days of the close of the comment period, or within 14 days of its next meeting should the Board not meet within the initial 90 day period.   

Comment Period Ended 1/28/2018
Agency Decision Pending    

Contact Information
Name / Title: Jay Withrow  / Director, Division of Legal Support, VPP, ORA, OPP
Address: Main Street Centre
600 E. Main Street
Richmond, 23219
Email Address:
Telephone: (804)786-9873    FAX: ()-    TDD: ()-