Virginia Code

Va. Code Ann. § 40.1-1 (2026)

Department continued; powers and duties generally; delegation of authority concerning occupational health

✓ current as of May 2026
Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

The Department of Labor and Industry, hereinafter referred to as the Department, is continued as a department of the state government; the Department shall be responsible for discharging the provisions of Title 40.1. All powers and duties conferred and imposed on the Bureau of Labor and Industry by any other law are hereby conferred upon and vested in the Department of Labor and Industry. The Department shall be responsible for administering and enforcing occupational safety and occupational health activities as required by the Federal Occupational Safety and Health Act of 1970 (P.L. 91-596), in accordance with the state plan for enforcement of that act; however, nothing in the occupational safety and health provisions of this title or regulations adopted hereunder shall apply to working conditions of employees or duties of employers with respect to which the Federal Occupational Safety and Health Act of 1970 does not apply by virtue of § 4(b)(1) of the federal act.

Code 1950, § 40-1; 1962, c. 66; 1970, c. 321; 1972, c. 567; 1973, c. 425; 1979, c. 354; 1984, c. 590; 1985, c. 449; 1995, c. 373.

Notes of Decisions
Cited in 9 cases, 1985–2014 · leading case: Mosher Steel-Virginia, Inc. v. Teig, 327 S.E.2d 87 (Va. 1985).
Mosher Steel-Virginia, Inc. v. Teig, 327 S.E.2d 87 (Va. 1985). · cites it 2× “In this appeal, we consider whether an employer may challenge in a declaratory judgment proceeding a warrant authorizing inspection of the employer’s manufacturing facility to determine whether the facility is being operated in compliance with the occupational safety and health…”
Davenport v. Summit Contractors, Inc., 612 S.E.2d 239 (Va. Ct. App. 2005). · cites it 2× “, alleging violations of the Virginia Occupational Safety and Health Act, Code § 40.1-1 et seq. (VOSHA). When Summit contested the citations, VOSH filed an enforcement action in circuit court pursuant to Code § 40.”
Atl. Env't Constr. Co. v. Courtney M. Malveaux, Comm'r, etc., 762 S.E.2d 409 (Va. Ct. App. 2014). · cites it 2× “VDLI issued three citations against AEC alleging “serious” violations of the Virginia Occupational Safety and Health Act, Code § 40.1-1 et seq. (VOSHA). See generally Code § 40.”
Fox v. Rich Prods. Corp., 34 Va. Cir. 403 (Winchester Cir. Ct. 1994). “; Virginia Occupational Safety and Health Act, §§ 40.1-1 et seq.; and Title VII of the Civil Rights Act, 42 U.”
Niland v. Town of Middleburg, 36 Va. Cir. 48 (Loudoun Cir. Ct. 1995). · cites it 2× “), and (5) the Virginia Labor and Employment Laws (Virginia Code § 40.1-1 et seq.). She does not cite the Virginians with Disabilities Act (Virginia Code § 51.”
Wines v. Fuller, 45 Va. Cir. 299 (Warren Cir. Ct. 1998). “; Virginia Occupational Safety and Health Act, §§40.1-1 et seq.; and Title VII of the Civil Rights Act, 42 U.”
Parsley v. Jones & Frank Corp., 40 Va. Cir. 286 (Richmond County Cir. Ct. 1996). “§§ 40.1-1, 10.1-1182, 10.1-1400, 19.211-01, 18.”
Clegg v. Local 149 U.A.W., 46 Va. Cir. 192 (Winchester Cir. Ct. 1998). “; Virginia Occupational Safety and Health Act, §§40.1-1 et seq.; Virginia Right to Work Act, §§ 40.”
Shifflett v. Lewis, 47 Va. Cir. 95 (Rockingham Cir. Ct. 1998). “1 (discharge of employees for work-related injuries); and §§ 40.1-1 to 40.1-11 (hiring of illegal aliens, etc.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.