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Currently, there is no federal regulation that governs ergonomics. Similarly, Virginia has no specific requirements regarding ergonomics. However, Virginia has a requirement that is equivalent to OSHA's General Duty Clause for providing a safe and healthy workplace, free from recognized hazards. The state of Virginia uses these requirements for enforcement of ergonomic-related hazards. Click the link(s) below to view the applicable requirements.
Citations
Virginia:Code of Virginia, Title 40.1 labor and Employment, Chapter 3 Protection of employees, Article 1 General Provisions, Section 40.1-5.1 Duties of employers
Federal: Section 5(a)(1) of the OSH Act
However, the state adds further requirements. A summary of the additional requirements beyond the General Duty Clause includes the following:
As prescribed in rules of the Safety and Health Codes Board, every employer must:
- provide employees with information regarding their exposure to toxic materials or harmful physical agents.
- provide employees with prompt information when they are exposed to concentration or levels in excess of those prescribed by the applicable standards.
- provide employees or their representatives with the opportunity to observe monitoring or measuring of exposures;
- inform any employee who is being exposed of the corrective action being taken.
- provide former employees with access to information about their exposure to toxic materials or harmful physical agents.
- every employer cited for a violation of any safety and health provisions of this title must post a copy of such citation at the site of the violations so noted as prescribed in the rules and regulations of the Safety and Health Codes Board.
- every employer must report to the Virginia Department of Labor and Industry within eight hours any work-related incident resulting in a fatality or in the in-patient hospitalization of three or more persons as prescribed in the rules and regulations of the Safety and Health Codes Board.
- every employer, through posting of notices or other appropriate means, must keep his employees informed of their rights and responsibilities under this title and of specific safety and health standards applicable to his business establishment.
- an employer representative must be given the opportunity to accompany the safety and health inspectors on safety or health inspections.
- nothing in this section must be construed to limit the authority of the Commissioner or the Board to promulgate necessary rules and regulations to protect and promote the safety and health of employees.