Virginia Code 40.1-51.26: Commissioner of Labor and Industry to enforce laws
The Commissioner of Labor and Industry shall have the authority to:
Terms Used In Virginia Code 40.1-51.26
- Asbestos: means any material containing more than one percent of asbestos by weight, which is friable or which has a reasonable chance of becoming friable in the course of ordinary or anticipated building use. See Virginia Code 40.1-51.23
- Board: means the Safety and Health Codes Board. See Virginia Code 40.1-51.23
- Business establishment: means any proprietorship, firm or corporation where people are employed, permitted or suffered to work, including agricultural employment on a farm. See Virginia Code 40.1-2
- Commissioner: means the Commissioner of Labor and Industry or his authorized representative. See Virginia Code 40.1-51.23
- Employee: means any person who, in consideration of wages, salaries or commissions, may be permitted, required or directed by any employer to engage in any employment directly or indirectly. See Virginia Code 40.1-2
- Employer: means an individual, partnership, association, corporation, legal representative, receiver, trustee, or trustee in bankruptcy doing business in or operating within this Commonwealth who employs another to work for wages, salaries, or on commission and shall include any similar entity acting directly or indirectly in the interest of an employer in relation to an employee. See Virginia Code 40.1-2
- NESHAP: means those portions of the regulations contained in 40 C. See Virginia Code 40.1-51.23
- Owner: means any person who owns, leases, operates, controls, or supervises the facility being demolished, renovated, sprayed, or insulated; any person who owns, leases, operates, controls, or supervises the demolition, renovation, spraying, or insulation operation; or both. See Virginia Code 40.1-51.23
1. Supervise, administer, and enforce the provisions of this chapter and regulations of the Board;
2. Receive complaints as to asbestos NESHAP violations;
3. Hold or cause to be held hearings and enter orders diminishing or abating the causes of air pollution and orders to enforce regulations pursuant to § 40.1-51.28;
4. Institute legal proceedings, including suits for injunctions for the enforcement of his orders, regulations of the Board, and for the enforcement of penalties;
5. Investigate any violations of this chapter and regulations;
6. Require that asbestos NESHAP records and reports be made available upon request, and require owners to develop, maintain, and make available such other records and information as are deemed necessary for the proper enforcement of this chapter and regulation; and
7. Upon presenting appropriate credentials to the owner, operator, or agent in charge:
a. Enter without delay and at reasonable times any business establishment, construction site, or other area, workplace, or environment in this Commonwealth, subject to federal security requirements; and
b. Inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, without prior notice, unless such notice is authorized by the Commissioner or his representative, any such business establishment or place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and question privately any such employer, officer, owner, operator, agent, or employee. If such entry or inspection is refused, prohibited, or otherwise interfered with, the Commissioner shall have the power to seek an order compelling such entry or inspection, pursuant to § 40.1-49.9.
1992, c. 541.