For the purposes of §§ 40.1-49.4, 40.1-49.5, 40.1-49.6, 40.1-49.7, and 40.1-51.1 through 40.1-51.3 the following terms shall have the following meanings:
"Commission" means the Virginia Workers' Compensation Commission.
"Commissioner" means the Commissioner of Labor and Industry. Except where the context clearly indicates the contrary, any reference to Commissioner shall include his authorized representatives.
"Employee" means an individual who is employed by an employer.
"Employer" means any person that (i) is engaged in business or engages an individual to perform domestic service and (ii) has employees. "Employer" does not include the United States.
"Occupational safety and health standard" means a standard which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment.
"Serious violation" means a violation deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.
"Person" means one or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any organized group of persons.
"Circuit court" means the circuit court of the city or county wherein the violation of this title or any standard, rule or regulation issued pursuant thereto is alleged to have occurred. Venue shall be determined in accordance with the provisions of §§ 8.01-257 through 8.01-267.
1979, c. 354; 1992, c. 777; 2021, Sp. Sess. I, cc. 509, 513.
Notes of Decisions
Nat'l Coll. of Bus. & Tech., Inc. v. Davenport, 705 S.E.2d 519 (Va. Ct. App. 2011).
· cites it 8× “On appeal, the College contends the circuit court erred in finding: (1) that the College’s employees were exposed to the asbestos hazard and (2) that the violations were “serious,” as defined by Code § 40.1-49.3. Essentially, the College argues the evidence to support these…”
Magco of Maryland, Inc. v. Barr, 531 S.E.2d 614 (Va. Ct. App. 2000).
· cites it 4× “Code § 40.1-49.3. Magco has not challenged the trial court’s factual findings in this case.”
Floyd S. Pike Elec. Contractor, Inc. v. Comm'r, Dep't of Labor & Indus., 281 S.E.2d 804 (Va. 1981).
· cites it 2× “Code § 40.1-49.3(5) defines as “serious” a violation entailing “a substantial probability that death or serious physical harm could result” from a condition or practice which exists “unless the employer did not, and could not with the exercise of reasonable diligence, know of…”
Nat'l Coll. of Bus. & Tech., Inc. v. Malveaux, 723 S.E.2d 270 (Va. Ct. App. 2012).
· cites it 6× “He calculated the penalties based on the criteria for “serious” violations set forth in the Field Operations Manual (“FOM”). The circuit court affirmed the Commissioner’s citations and the penalties imposed.”
C. Ray Davenport, Comm'r, Virginia Labor & Indus. v. G.D.C., Inc. (Va. Ct. App. 2004).
· cites it 8× “; Code § 40.1-49.3. The Commissioner contends the trial court erred by (1) dismissing the two serious violations when the evidence had clearly established the violations, and (2) applying tort law analysis in determining whether GDC had violated Code §§ 59.”
C. Ray Davenport, Comm'r of Labor & Indus. v. Util. Trailer Mfg. Co. (Va. Ct. App. 2022).
· cites it 4× “3 Code § 40.1-49.3 defines “serious violation” as a violation deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations,…”
Fairfax Cnty. Dep't of Pub. Works v. C. Ray Davenport, Comm'r (Va. Ct. App. 2009).
“Support the Circuit Court’s Judgment that the Commissioner Met his Burden of Proving Employer Knowledge A “‘serious violation’ means a violation deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a…”
Davenport v. Allegheny Constr. Co., 65 Va. Cir. 321 (Roanoke County Cir. Ct. 2004).
“After inspecting the Defendant’s job site, DOLI cited the Defendant with the following five “Serious” workplace safety violations as defined in § 40.1-49.3 of the Code of f Virginia (1950), as amended (serious violation being a workplace condition or practice or process that…”
— Va. Code Ann. § 40.1-49.3(5) — 1 case
Floyd S. Pike Elec. Contractor, Inc. v. Comm'r, Dep't of Labor & Indus., 281 S.E.2d 804 (Va. 1981).
“Code § 40.1-49.3(5) defines as “serious” a violation entailing “a substantial probability that death or serious physical harm could result” from a condition or practice which exists “unless the employer did not, and could not with the exercise of reasonable diligence, know of…”
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