In order to carry out the purposes of the occupational safety and health laws of the Commonwealth and any such rules, regulations, or standards adopted in pursuance of such laws, the Commissioner, upon representing appropriate credentials to the owner, operator, or agent in charge, is authorized, with the consent of the owner, operator, or agent in charge of such workplace as described in subdivision 1, or with an appropriate order or warrant:
1. To enter without delay and at reasonable times any factory, plant, establishment, construction site, or other area, workplace, or environment where work is performed, including any place where an individual is engaged to perform domestic service, by an employee of an employer; and
2. To inspect, investigate, and take samples during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, owner, operator, agent, or employee.
1979, c. 533; 1987, c. 643; 2021, Sp. Sess. I, cc. 509, 513.
Structure Code of Virginia
Title 40.1 - Labor and Employment
Chapter 3 - Protection of Employees
§ 40.1-22. Safety and Health Codes Commission continued as Safety and Health Codes Board
§ 40.1-22.1. Governor authorized to enter certain agreements
§ 40.1-27. Preventing employment by others of former employee
§ 40.1-27.1. Discharge of employee for absence due to work-related injury prohibited
§ 40.1-27.2. Preference for veterans and spouses
§ 40.1-27.3. Retaliatory action against employee prohibited
§ 40.1-27.4. Discipline for employee's medicinal use of cannabis oil prohibited
§ 40.1-28. Unlawful to require payment for medical examination as condition of employment
§ 40.1-28.6. Equal pay irrespective of sex
§ 40.1-28.7:1. Genetic testing or genetic characteristics as a condition of employment
§ 40.1-28.7:2. Employers to allow crime victims leave to attend criminal proceedings
§ 40.1-28.7:3. Earned income tax credit; employer notice to employee
§ 40.1-28.7:4. Release of employee's personal identifying information
§ 40.1-28.7:5. Social media accounts of current and prospective employees
§ 40.1-28.7:6. Employers to allow leave for volunteer members of Civil Air Patrol; civil remedy
§ 40.1-28.7:7. Misclassification of workers
§ 40.1-28.7:8. Covenants not to compete prohibited as to low-wage employees; civil penalty
§ 40.1-28.9. Definitions; determining wage of tipped employee
§ 40.1-28.12. Employee's remedies
§ 40.1-29.1. Investigations of employers for nonpayment of wages
§ 40.1-29.2. Employer liability
§ 40.1-29.3. Overtime for certain employees
§ 40.1-30. Registration of certain nonresident employers with Department
§ 40.1-31. Assignment of wages and salaries; requirements
§ 40.1-32. Partial assignments invalid
§ 40.1-33. Certain assignments not affected
§ 40.1-33.1. Retaliatory actions prohibited; civil penalty
§ 40.1-33.2. Discriminatory actions prohibited
§ 40.1-33.4. Accrual of paid sick leave
§ 40.1-33.5. Use of paid sick leave
§ 40.1-33.6. Retaliatory action prohibited
§ 40.1-44.1. Rules and regulations relating to tramways and other hauling and lifting devices
§ 40.1-49.5. Appeals to Court of Appeals
§ 40.1-49.6. Same; attorneys for Commonwealth
§ 40.1-49.7. Same; publication of orders
§ 40.1-49.8. Inspections of workplace
§ 40.1-49.9. Issuance of warrant
§ 40.1-49.10. Duration of warrant
§ 40.1-49.11. Conduct of inspection, testing, or collection of samples for analysis
§ 40.1-49.12. Review by courts
§ 40.1-49.13. Voluntary Protection Program
§ 40.1-51. State Health Commissioner to provide advice and aid; rules and regulations
§ 40.1-51.1. Duties of employers
§ 40.1-51.2. Rights and duties of employees
§ 40.1-51.2:1. Discrimination against employee for exercising rights prohibited
§ 40.1-51.2:2. Remedy for discrimination
§ 40.1-51.3. Duties of health and safety inspectors
§ 40.1-51.3:1. Penalty for giving advance notice of safety or health inspection under this title
§ 40.1-51.4:1. Confidentiality of trade secrets
§ 40.1-51.4:2. Penalty for making false statements, etc.
§ 40.1-51.4:3. Prohibition of use of certain questions on polygraph tests for employment
§ 40.1-51.4:4. Prohibition of use of polygraphs in certain employment situations
§ 40.1-51.4:5. Immunity of employees for reporting threatening conduct