Agencies | Governor
Virginia Regulatory Town Hall
Department of Labor and Industry
Safety and Health Codes Board
[Repealed] Virginia Excavation Standard, Construction Industry [16 VAC 25 ‑ 170]
Review 942
Periodic Review of this Chapter
Includes a Small Business Impact Review
Date Filed: 12/8/2008
Review Announcement
Pursuant to Executive Order 36 (2006), the Virginia Department of Labor and Industry (DOLI) and the Safety and Health Codes Board (Board) will review the regulations entitled, Virginia Excavation Standard, Construction Industry, (16 VAC 25-170-10 et seq.). The purpose of the review is to determine whether this regulation should be amended, or retained in its current form. The review of this regulation will be guided by the principles listed in Executive Order 36 (2006).

This regulation mandates that employers comply with any more stringent requirements contained in the Virginia Confined Space Standard for the Construction Industry, 16 VAC 25-140, when working in excavation areas which also meet the definition of "confined space" in 16 VAC 25-140. (See the Code of Virginia, § 40.1-22.)

DOLI and the Board seek public comment on the review of issues related to these regulations, especially the following:

1. Does the regulation meet the following goals?

- Reduce the incidence of construction fatalities of Virginia workers due to workplace exposure to known hazards.

- Protect the public's health, safety and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth.

2. Is the regulation clearly written and easy to understand?

Comments on this regulation are welcome and will be accepted until January 26, 2009. Comments may be mailed to Reba O’Connor, Virginia Department of Labor and Industry, Powers-Taylor Building, 13 South 13th Street, Richmond, Virginia 23219 or e-mailed to:

Please include your full name and mailing address.

Publication Information and Public Comment Period
Published in the Virginia Register on 1/5/2009
Comment Period begins on the publication date and ends on 1/26/2009

Comments Received: 0

Review Result
Retain the regulation with no changes
pdf TH-07 Periodic Review Report of Findings   (5/1/2009)
Attorney General Certification
Prior to early 2014, AG periodic review certifications were done off-line