40.1-51.1 - Duties of employers.
§ 40.1-51.1. Duties of employers.
A. It shall be the duty of every employer to furnish to each of his employeessafe employment and a place of employment which is free from recognizedhazards that are causing or are likely to cause death or serious physicalharm to his employees, and to comply with all applicable occupational safetyand health rules and regulations promulgated under this title.
B. Every employer shall provide to employees by such suitable means as shallbe prescribed in rules and regulations of the Safety and Health Codes Board,information regarding their exposure to toxic materials or harmful physicalagents and prompt information when they are exposed to concentration orlevels of toxic materials or harmful physical agents in excess of thoseprescribed by the applicable safety and health standards and shall provideemployees or their representatives with the opportunity to observe monitoringor measuring of exposures. Every employer shall also inform any employee whois being exposed of the corrective action being taken and shall provideformer employees with access to information about their exposure to toxicmaterials or harmful physical agents.
C. Every employer cited for a violation of any safety and health provisionsof this title or standards, rules and regulations promulgated thereundershall post a copy of such citation at the site of the violations so noted asprescribed in the rules and regulations of the Safety and Health Codes Board.
D. Every employer shall report to the Virginia Department of Labor andIndustry within eight hours any work-related incident resulting in a fatalityor in the in-patient hospitalization of three or more persons as prescribedin the rules and regulations of the Safety and Health Codes Board.
E. Every employer, through posting of notices or other appropriate means,shall keep his employees informed of their rights and responsibilities underthis title and of specific safety and health standards applicable to hisbusiness establishment.
F. An employer representative shall be given the opportunity to accompany thesafety and health inspectors on safety or health inspections.
G. Nothing in this section shall be construed to limit the authority of theCommissioner pursuant to § 40.1-6 or the Board pursuant to § 40.1-22 topromulgate necessary rules and regulations to protect and promote the safetyand health of employees.
(1972, c. 602; 1973, c. 425; 1976, c. 607; 1979, c. 354; 1995, c. 373.)