Virginia Administrative Code
Title 16 - LABOR AND EMPLOYMENT
Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY
- Chapter 10 - PUBLIC PARTICIPATION GUIDELINES [REPEALED]
- Chapter 11 - PUBLIC PARTICIPATION GUIDELINES
- Chapter 20 - REGULATIONS ESTABLISHING A MULTIPLE OF FEDERAL MINIMUM HOURLY WAGE RELATING TO GARNISHMENT OF WAGES
- Chapter 21 - MAXIMUM GARNISHMENT AMOUNTS
- Chapter 30 - VIRGINIA RULES AND REGULATIONS DECLARING HAZARDOUS OCCUPATIONS
- Chapter 40 - VIRGINIA HOURS OF WORK FOR MINORS
- Chapter 50 - REGULATION GOVERNING THE EMPLOYMENT OF MINORS ON FARMS, IN GARDENS AND IN ORCHARDS
- Chapter 60 - REGULATION GOVERNING ON-THE-JOB TRAINING PROGRAMS OR OTHER TRAINING PROGRAMS
AGENCY SUMMARY
The Department of Labor and Industry is charged with responsibility for administration of the statutes respecting registered apprenticeship, labor, labor relations, occupational safety and health, and boiler and pressure vessel safety. The Commissioner of the Department of Labor and Industry is authorized to promulgate those regulations that may be necessary for the enforcement of Title 40.1 of the Code of Virginia and the procedural rules that are required to comply with the federal Occupational Safety and Health Act of 1970 ( P.L. 91-596). The commissioner is also authorized to grant temporary or permanent variances from all standards promulgated by the Safety and Health Codes Board. Code of Virginia, Title 40.1, Chapter 1.
The department is responsible for investigating all complaints concerning the following laws found in Title 40 of the Code of Virginia: failure to pay the state minimum wage, violations of the right-to-work law, prevention of employment by others of former employer, discharge of employee for absence due to work-related injury, unlawful requirements to pay for medical examination as a condition of employment, equal pay irrespective of sex, and use of prohibited questions on polygraph tests by an employer. Code of Virginia, Title 40.1, Chapter 3, Articles 1, 1.1, 2 and 5. In addition, the department is authorized to prescribe a multiple of the federal minimum hourly wage for the purpose of establishing the maximum portion of an employee's earnings that may be subject to garnishment. Code of Virginia, Title 34, Chapter 4.
The department is charged with prescribing necessary forms as required under Title 40 of the Code of Virginia to allow youth employment; making regulations to carry out the child labor laws; conducting investigations of alleged violations of all child labor laws; issuing permits to youth for theatrical performances and for solicitation of subscriptions other than to newspapers. The commissioner is authorized to determine and declare occupations that are too hazardous for youth under the age of eighteen and to promulgate regulations governing hours of work for youth 14 and 15 years of age. Code of Virginia, Title 40.1, Chapter 5.
The commissioner is authorized to employ persons to enforce the provisions of the Boiler and Pressure Vessel Safety Act and the related regulations of the Safety and Health Codes Board. The commissioner is also authorized to certify special inspectors who shall be authorized to inspect boilers and pressure vessels in the Commonwealth. Code of Virginia, Title 40.1, Chapter 3.1.
The department issues asbestos and lead project permits to licensed asbestos contractors and certified lead contractors. Code of Virginia, Title 40.1, Chapter 3.2.
The department is designated as the state agency for conciliation and mediation of labor disputes affecting public utilities, and such utilities and their employees or collective bargaining agents are required to notify the department in advance of work stoppages or of proposed modification or termination of collective bargaining contracts. Code of Virginia, Title 40.1, Chapter 4.
The commissioner administers the provisions of the Voluntary Apprenticeship Act. Code of Virginia, Title 40.1, Chapter 6.
The commissioner is responsible for enforcing the Overhead High Voltage Line Safety Act, which was enacted to promote the safety and protection of persons working in the vicinity of overhead high voltage lines. Code of Virginia, Title 40.1, Chapters 1 and 3 and Title 59.1, Chapter 30.
The department operates under the supervision of the Secretary of Commerce and Trade.
Agency regulations may be accessed by the Internet at http://lis.virginia.gov/cgi-bin/legp604.exe?000+reg+16; mail or email at Department of Labor and Industry, Main Street Centre, 600 East Main Street, Suite 207, Richmond, VA 23219 or http://www.doli.virginia.gov.; or in person at Department of Labor and Industry, Main Street Centre, 600 East Main Street, 17th Floor, Richmond, VA 23219.
Rev. 11/2012
