The Virginia Department of Labor and Virginia Department of Social Services have updated two mandatory workplace posters: the Job Safety and Health Protection notice required under the state’s Virginia Occupational Safety and Health (VOSH) law and a notice describing the federal Earned Income Tax Credit (EITC). Both notices are mandatory-to-post for most employers operating in Virginia.
CPC has updated the Virginia All-On-One™ Labor Law Poster with the current versions of these notices. Our in-depth poster revision process includes a verification check of all mandatory notices to ensure that your workplace posters remain up-to-date and in full compliance.
2018 Virginia OSHA Poster Updated: New Penalties Already in Effect
The Virginia Job Safety and Health Protection / Virginia OSHA poster is a mandatory posting for every employer operating in Virginia (16 VAC 25-60-40). The federal government is not included in this definition of “employer.”
Virginia is one of 26 states operating under an OSHA-approved State Plan. Under a State Plan, states may pass and enforce their own occupational safety and health standards, which must “remain at least as effective” as federal OSHA standards in order for the state to maintain its autonomy.
In order to remain “at least as effective” as federal OSHA penalties, the Virginia Legislature passed a law in 2017 to increase the minimum and maximum civil penalties levied for violations of workplace safety and health standards. (The current penalty amounts are, however, still lower than federal levels.) The law specified that starting in 2018, civil penalties will be adjusted each year according to the percentage increase in the Consumer Price Index. The first penalty adjustment went into effect on August 1.
The Virginia Department of Labor and Industry has updated the Job Safety and Health Protection / Virginia OSHA poster to reflect the updated maximum penalty amounts applicable to VOSH inspections opened on or after August 1, 2018:
- Serious or other-than-serious violations: $12,726
- Failure to abate (per day): $12,726
- Willful or repeated violations: $127,254
The revision date on this notice is August 2018.
2018 Virginia EITC Employer Poster Updated
The EITC is a refundable federal tax credit that primarily benefits low- and middle-income working families. Virginia is one of 29 states which have also implemented a supplemental state version of the EITC, known as the Virginia Credit for Low-Income Individuals (CLI).
Although these tax credits can have a huge impact on the finances of working families, sometimes raising them out of poverty, research by the Internal Revenue Service (IRS) and the Government Accountability Office indicates that between 15 and 25 percent of households entitled to the federal EITC do not claim their credits. In order to raise awareness among low-income workers, some states require employers to inform employees of their potential eligibility for federal and/or state tax credits.
Since 2009, every employer operating in Virginia is required by state law to post any notice provided by the Virginia Department of Social Services (DSS) that informs employees of their potential eligibility for federal and state earned income tax credits. DSS customarily provides a CLI notice created by the state agency, and a Internal Revenue Service (IRS) publication which describes the federal EITC.
Previously DSS provided IRS Publication 4718 to fulfill this requirement, but the IRS has not updated that notice since 2016. Virginia DSS now requires employers to post IRS Publication 962 (“Life’s a Little Easier with EITC”), which provides detailed information about the federal Earned Income Tax Credit, including the rules to qualify, the income levels at which a person may qualify, common errors to avoid, and how to get help with the EITC.
The revision date on this notice is 10-2017 and the notice provides income thresholds for the 2017 tax year.
Update All-At-Once with the Virginia All-On-One Poster
The Virginia All-On-One™ Labor Law Poster, which compiles mandatory state and federal labor law notices on one 27″ x 40″ Poly Vinyl poster, is a complete compliance solution for most employers. The 08/2018 poster now includes the new federal EITC notice and updated Job Safety and Health Protection / Virginia OSHA notice. (Additional posters may be required, depending on your industry and location.)
CPC also provides a Virginia Mobile Poster Pak™ booklet for off-site and remote workers or HR desk reference purposes.
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