Titles of Regulations:Revised Proposed Regulations to Amend the Administrative Regulation for the Virginia Occupational Safety and Health (VOSH) Program to Take and Preserve Testimony, Examine Witnesses and Administer Oaths, 16VAC25-60-90, 16VAC25-60-240, 16VAC25-60-245

Statutory Authority: §40.1-22 of the Code of Virginia.

The Safety and Health Codes Board noticed an initial public comment period on the above referenced proposed regulations (16VAC25-60) in the March 16, 2009, issue of the Virginia Register of Regulations (25:14 VA.R. 2638-2642, March 16, 2009). No comments were received. Following the close of the comment period, a change was made to the text of the proposed regulation, 16VAC25-60-90.B. Therefore, the board has issued a third 30-day comment period that will begin on April 12, 2010, and end on May 12, 2010. In addition, based on input from the Department of Planning and Budget, the Department intends to propose the following revised language to 16VAC25-60-90.B to the Safety and Health Codes Board when it adopts the regulation in final form:

 

B. Interview statements of employers, owners, operators, agents, or employees given to the commissioner [in confidence] pursuant to § 40.1-49.8 of the Code of Virginia [shall not be disclosed [ for any purpose, except to the individual giving the statement [in accordance with the provisions of §40.1-11 of the Code of Virginia] . are confidential. Pursuant to the requirements set forth in §40.1-11 of the Code of Virginia, individuals shall have the right to request a copy of their own interview statements.]

 

Agency Contact: Jay Withrow, Department of Labor and Industry, Powers Taylor Building, 13 South 13th Street, Richmond, VA 23219, or email jay.withrow@doli.virginia.gov.