Free Virginia Labor and Employment FAQs | Free Virginia Labor and Employment Legal Documents

Are Any Special Recognition Programs Available For Small Businesses With Good Safety Programs?

Tue, 29 May 2007 21:19:00 GMT

The Safety and Health Achievement Recognition Program (SHARP) through Consultation Services provides onsite assistance to help employers establish and implement good safety and health programs that reduce injuries and illnesses. Companies that meet established criteria and are approved by the Commissioner of Labor and Industry receive a SHARP Worksite flag and a certificate of recognition. These SHARP companies are also exempt from general schedule enforcement inspections for a minimum of one year

Are Minors Prohibited From Working In Certain Jobs?

Tue, 29 May 2007 21:19:00 GMT

Yes. Minors under 16 are prohibited from several occupations, which are considered unhealthy, unwholesome or dangerous. Minors aged 16 and 17 are barred from working in a shorter list of particularly hazardous occupations. For a list of these occupations, click here.

Are There Any Monetary Penalties Attached To The Hazards Found By The Consultant?

Mon, 04 Jun 2007 21:51:22 GMT

DOLI consultants do not issue citations or penalties for hazards identified during visits. However, employers are required to correct these hazards. During the opening conference, the responsible party signs an agreement form stating, among other things, that all serious hazards identified during a visit will be corrected within the established time frames. Companies that do not abate the serious hazards within the agreed upon time frames can be referred to VOSH Enforcement for action.

Are There Any Restrictions As To How Many Hours An Employee Can Be Required To Work Or When He May Work?

Tue, 29 May 2007 21:19:00 GMT

No, not after an employee attains his 16th birthday.

At What Age Can A Minor Child Work?

Tue, 29 May 2007 21:19:00 GMT

Generally, 14 years of age.

Can An Employer Reduce An Employee's Rate Of Pay?

Tue, 29 May 2007 21:19:00 GMT

Yes; an employer can reduce an employee's rate of pay provided the reduction does not bring an employee's wage below the applicable federal or state minimum wage. Also, an employer must notify the affected employee prior to his being allowed or required to perform work at the reduced rate; the employee has the right to accept the lower rate or quit.

Can Civil Monetary Penalties Be Assessed Against An Employer?

Tue, 29 May 2007 21:19:00 GMT

Yes. A penalty of up to $1000 may be assessed for each violation. An employer may be fined for each minor who is employed if the Code's requirements are not met for each individual.

Can I Contest The Citations? If So, What Is The Contest Process?

Tue, 29 May 2007 21:19:00 GMT

Yes. An employer to whom a citation or proposed penalty has been issued may contest the citation by notifying, in writing, the VOSH regional office that issued the citation(s). The notice of contest must be mailed or delivered by hand within 15 working days from the receipt of the citation or proposed penalty. No mistake, inadvertence, or neglect on the part of the employer shall serve to extend the 15 working day period in which the employer must contest.

Can Tips, Meals And Lodging Be Credited Toward The State's Minimum Wage?

Tue, 29 May 2007 21:19:00 GMT

If meals and lodging are customarily furnished by the employer, and the employee elects to accept them, the reasonable value of these two items can be credited toward the minimum wage under both federal and state laws. Under federal law, which applies to most employers, tips may also be credited toward the minimum wage, except that the employee must be paid $2.13 an hour regardless of any tips received. Under state law, which applies only to a few very small employers, tips may be credited toward 100 percent of the minimum wage rate; the employer is not required to pay $2.13 an hour.

Do Consultants Provide Safety And Health Training?

Tue, 29 May 2007 21:19:00 GMT

Yes, but on a limited basis. Informal training is provided for employers and employees during practically all visits conducted. Formal training has to be scheduled and then only if inspection backlogs permit the consultant time to conduct the training. DOLI will sponsor a limited number of scheduled training sessions for employers/employees this year. These sessions will be posted at www.doli.state.va.us when classes are scheduled.

Does A Minor Child Need A Work Permit Prior To Beginning Work?

Tue, 29 May 2007 21:19:00 GMT

Yes, minors under the age of 16 must obtain a work permit.

Does An Employer Have To Provide Employees Breaks Or A Meal Period?

Tue, 29 May 2007 21:19:00 GMT

No, unless the employee is under the age of 16.

How Did I Get Selected For This Vosh Inspection?

Tue, 29 May 2007 21:19:00 GMT

Inspections are based on general scheduling, complaints or referrals. General scheduling is established from high injury and illness data from your specific industry. Of course, if you suffer a work related fatality or injuries involving the hospitalization of three or more of your employees you are required by law to report the incident to VOSH and an inspection will follow.

How Do I File A Complaint? Can I Do It All On-Line?

Mon, 04 Jun 2007 21:51:22 GMT

Any person who believes that a safety or health hazard exists in a workplace may request an inspection by giving notice to the Commissioner. Written complaints signed by an employee or an authorized representative will be treated as formal complaints. Complaints by persons other than employees and authorized representatives and unsigned complaints by employees or authorized representatives shall be treated as nonformal complaints. Nonformal complaints will generally be handled by letter; formal complaints will generally result in an inspection.

How Do I Get A Virginia Occupational Safety And Health Consultant To Come To My Company?

Tue, 29 May 2007 21:19:00 GMT

Send a written request for services to the Virginia Department of Labor and Industry, Consultation Program, 13 South 13th street, Richmond, Virginia 23219.

How Does An Employer Become A Registered Sponsor?

Tue, 29 May 2007 21:19:00 GMT

Contact your local Apprenticeship Representative.

How Does An Employer Have To Pay Employees?

Tue, 29 May 2007 21:19:00 GMT

Employers must establish regular paydays and rates of pay for each employee, and it is a violation of law not to pay all wages due on the established payday. Hourly employees must be paid at least once every two weeks or twice a month; and salaried employees must be paid at least once each month. These requirements do not apply to executive personnel. Virginia Code § 40.129(A)(1).

How Does Vosh Determine How Much The Fines Will Be?

Tue, 29 May 2007 21:19:00 GMT

Fines are based on the gravity of the violation, the size of the business, the good faith of the employer and the employer's history of previous violations.

How Long Do I Have To Correct The Hazards That Are Found?

Tue, 29 May 2007 21:19:00 GMT

Time periods given to correct specific hazards vary. Anything that is of a serious nature and an imminent danger hazard needs immediate correction. Up to 45 days is given to correct a hazard so long as interim protection is provided to employees.

How Long Is This Inspection Going To Take?

Tue, 29 May 2007 21:19:00 GMT

This is based on what we find during our inspection. If we see no violations and you have a good safety program in place, inspections are shorter than if we find numerous safety and health violations.

How Long Will I Have To Wait For Consultation Services?

Tue, 29 May 2007 21:19:00 GMT

Small high hazard companies are given priority and can expect to receive services within 520 days. Those companies not considered high hazard and those that employ more than 250 employees at one site or more than 500 employees statewide may have to wait longer for services. A large number of requests from a specific area of the state could result in an increased waiting time.

How Much Are The Fines Going To Be?

Tue, 29 May 2007 21:19:00 GMT

Fines vary too greatly to give any amount here. Even giving an average fine amount would not be indicative of the fine you may or may not receive, since some fines run very high for companies that are virtually disregarding safety. VOSH has always taken the position that the penalty structure provided under §40.149.4, Code of Virginia, is intended primarily to provide an incentive toward correcting violations voluntarily, not only to the offending employer, but also to other employers who may be in violation of the same infractions of the standards or regulations.

If An Employee Believes He Has Been Terminated Unfairly, Does He Have A Legal Right To Challenge The Termination?

Tue, 29 Apr 2008 00:22:42 GMT

Virginia is an employmentatwill state; this means the employer may terminate any employee at any time, for any reason, or for no reason. As a general rule, therefore, the employee has no right to challenge the termination. There are a few very limited exceptions. For example, an employee may not be discriminated against or terminated because he has filed a safety complaint or exercised his rights under OSHA law. Virginia Code § 40.151.2:1. Also, federal law protects employees from discrimination because of age, race, sex, religion, national origin or handicap.

If An Employee Has Not Been Paid All Of His Earned Wages How Can He Obtain Assistance?

Tue, 29 May 2007 21:19:00 GMT

The Labor and Employment Law Division investigates wage claims, collects unpaid wages, and enforces the Payment of Wage Law. Employees may obtain wage claim forms from any of DOLI's Regional Offices .

So, Is Federal Osha Also Going To Inspect Us?

Tue, 29 May 2007 21:19:00 GMT

No. Virginia has its own state plan and conducts inspections under the guidance of Federal OSHA. However, Federal OSHA still inspects the following in Virginia: Mines and Quarries, Railroads, Nuclear facilities, other Federal employers, Federal installations and private sector maritime employers.

Today Is Not Convenient, Can You Come Another Day?

Mon, 04 Jun 2007 21:51:22 GMT

Section 40.149.8, Code of Virginia, provides that Compliance officers may enter without delay and at reasonable times any establishment covered under the law for the purpose of conducting an inspection. An employer has the constitutional right to require that the officer seek an inspection warrant prior to entering an establishment and may refuse entry without such a warrant. This is known as a "denial of entry" and a warrant will be sought.

What Are Some Of The Commonly Used Terms In Apprenticeship?

Tue, 29 May 2007 21:19:00 GMT

Sponsor an individual employer, a group of employees, or an association or organization operating a registered apprenticeship program(s). Each program is administered by the sponsor and registered in the sponsor's name. Apprentice an individual at least 16 years of age who is covered by a written employer agreement that is approved by the Virginia Apprenticeship Council. Supervisor of Apprentices the person designated by the sponsor to maintain records of the apprentices and to work with apprentices. The apprentices must be given assurance of qualified training personnel and adequate supervision on the job. The supervisor arranges for related instruction. Onthejob Training organized training provided on the job site and supervised by at least one journeyman. A minimum of 2,000 onthejob hours is required for each apprentice. Related Instruction organized related and supplemental instruction in technical subjects related to the trade. Such instruction may be given through trade industrial classes, correspondence courses of equivalent value, or other forms of selfstudy. A minimum of 144 hours of related instruction is recommended for each year of apprenticeship. Registration an organized written process sponsored by an employer that contains all terms and conditions to carry out the program. The Minimum Standards for Apprenticeship must be signed by all sponsors. Work Processes A list of job duties that the apprentice will receive and the approximate time allocated for each job duty. Sample work processes may be found at the National Skills Standards Board (NSSB).

What Are The Apprentice's Responsibilities?

Tue, 29 May 2007 21:19:00 GMT

Each apprentice registered under the Minimum Standards of Apprenticeship agrees to be regular in attendance both onthejob and in the classroom, punctual, proper in conduct, and endeavoring with the utmost ability to attain perfection in practice of the chosen craft or trade.

What Are The Benefits Of Apprenticeship?

Tue, 29 May 2007 21:19:00 GMT

Apprenticeship is known for attracting high quality applicants who are motivated to succeed.
Training standards are tailored to the sponsor's individual needs.
Enhances employee relations by developing collaborative commitment to achievement.
Enhances problem solving capabilities and versatility of the workforce.
Increases the competitive edge.
Reduces turnover.
Reduces Worker's Compensation.
Increases skill level.
Employees produce quality products.
Creates a pool of skilled employees.
Increases productivity by cultivating a highly skilled and knowledgeable workforce.
Promotes teamwork.
Improved on safety.
Strengthens bond between management, supervisors, and employees.

What Are The Primary Requirements For Minors Who Work?

Mon, 04 Jun 2007 21:51:22 GMT

Minors must be 14 to work in most jobs. Minors 14 and 15:

must have a work permit,
have limited hours they can work, and
cannot work in certain jobs.

Minors 16 and 17 do not have to obtain a work permit and do not have limited hours, but are barred from working in certain particularly hazardous jobs.

What Hours Can A 14 Or 15 Year-Old Work?

Tue, 29 May 2007 21:19:00 GMT

May not work more than 3 hours a day on a school day;
May not work more than 18 hours a week in a school week;
May not work more than 8 hours a day on a nonschool day;
May not work more than 40 hours a week in a nonschool week;
May not work before 7 a.m. or after 7 p.m., except between June 1st and Labor Day, they may work as late as 9 p.m.;
May not work during school hours unless enrolled in a school worktraining program;
Must be given a 30minute rest or meal period after 5 hours of continuous work.

What If I Don't Agree With The Citations?

Tue, 29 May 2007 21:19:00 GMT

You can schedule an informal conference with your VOSH regional office. An informal conference may be held for the purpose of discussing any issue raised by the inspection, citation, abatement order, proposed penalty, notice of contest, or any other disputed issue.

What Is An Apprenticeable Occupation?

Tue, 29 May 2007 21:19:00 GMT

An apprenticeable occupation is generally a skilled trade, learned through structured and supervised onthejob work experience. The occupation is clearly identifiable and recognized through an industry and most often involves manual, mechanical, or technical skills. Each occupation requires a minimum of 2000 hours of onthejob work experience and a recommended minimum of 144 related instruction hours each apprenticeable year to supplement the onthejob work experience. There are approximately 300 approved and active occupations in the Commonwealth of Virginia and over 800 throughout the United States.

What Is Registered Apprenticeship?

Tue, 29 May 2007 21:19:00 GMT

Registered apprenticeship is a proven, costeffective system for training employees in a variety of occupations that require a wide range of skills and knowledge; it is an ideal way for employers to build and maintain a skilled workforce. Registered apprenticeship combines supervised onthejob training with technical classroom studies in subjects related to the apprentice's chosen occupation.

What Is The Fee For This Consultation Service?

Tue, 29 May 2007 21:19:00 GMT

Virginia provides consultation services free of charge. Federal OSHA funds 90% of the program costs through an annual grant to DOLI. Priority for service is given to high hazard businesses with fewer than 250 employees.

What is the minimum wage in Rhode Island?

Tue, 29 May 2007 21:19:00 GMT

The minimum wage rate under both the federal Fair Labor Standards Act ("F.L.S.A.") and state minimum wage law is $7.40 per hour. There are exceptions for certain categories of employees; the exceptions are not the same under federal and state law. Most employers are covered by the F.L.S.A.; very small employers who do not meet the annual revenue or interstate commerce requirements are covered by the state law. Virginia Code § 40.12810.

When An Apprentice Completes His Or Her Apprenticeship What Do They Receive?

Tue, 29 May 2007 21:19:00 GMT

Each apprentice who completes the Virginia Apprenticeship Program will receive a completion certificate and a journeyman's card presented by the Virginia Department of Labor and Industry. These documents are recognized throughout the United States.

When An Employee Terminates, When Are His Final Wages Due?

Tue, 29 May 2007 21:19:00 GMT

Final wages must be paid on or before the next regular payday on which the employee would have been paid had he remained employed. Virginia Code § 40.129(A)(1).

When Did Registered Apprenticeship Begin In Virginia?

Tue, 29 May 2007 21:19:00 GMT

In 1937, the United States Congress enacted the National Apprenticeship Law. The Apprenticeship Program was adopted by the Commonwealth of Virginia in 1938, and has been administered by the Virginia Department of Labor and Industry since its inception.

Where Can A Work Permit Be Obtained?

Tue, 29 May 2007 21:19:00 GMT

At most public middle schools and high schools and some private schools; ask for the Child Labor Work Permit Issuing Officer.

Where Do I Get A Copy Of The Vosh Standards? How Much Do They Cost?

Tue, 29 May 2007 21:19:00 GMT

exceptions that are listed on this Web site. OSHA standards books are available through the following sources: MANNCOMM 18883224942, Government Printing Office 12025121800, and CCH 18008355224. The books cost approximately $45 for the General Industry (CFR 1910) book and $37 for the Construction (CFR 1926) book.

Who Are The Players In The Virginia Apprenticeship Program?

Tue, 29 May 2007 21:19:00 GMT

Members of the Virginia Apprenticeship Council (VAC) are appointed by the Governor of the Commonwealth of Virginia; the Council has regulatory authority over the Program. The Virginia Department of Labor & Industry (DOLI) administers the program through seven regional offices and one program office located in Richmond.

Who Can Become An Apprentice?

Tue, 29 May 2007 21:19:00 GMT

To become an apprentice, there must be a sponsoring organization (registered sponsor). An apprentice can be as young as 16 years of age and there is no upper age limit.

Who Handles Discrimination Questions?

Tue, 29 May 2007 21:19:00 GMT

If the employee believes he has been discriminated against because of his age, race, sex, religion, national origin or disability, he may be protected by federal discrimination laws, and a complaint may be filed with 1) the Virginia Council on Human Rights, Suite 1202, Washington Building, 1100 Bank Street, Richmond, Virginia 23219, phone (804) 2252292; or the federal Equal Employment Opportunity Commission, 830 E. Main Street, Suite 600, Richmond, Virginia 23219; phone (804) 7712200.

Who Handles Unemployment Compensation Questions?

Tue, 29 May 2007 21:19:00 GMT

The Virginia Employment Commission; contact the closest regional office, or the Richmond Central Office
703 East Main Street
Richmond, Virginia 23219
phone (804) 7863004.

Will I Know When The Consultant Will Be Conducting The Visit?

Tue, 29 May 2007 21:19:00 GMT

Yes, the consultant will call the responsible person listed on the request form and schedule an agreed upon date to conduct the consultative visit.

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