For the second time this year, Virginia has released a mandatory update to the Job Safety and Health Protection notice that employers are required to post in the workplace. The new notice dated “August 2019” replaces the “January 2019” revision.
What’s behind the update?
Every year, the Commissioner of Labor and Industry is required pursuant to Code of Virginia § 40.1-49.4 to adjust the maximum civil penalties for violations of Virginia Occupational Safety and Health (VOSH) laws, standards and regulations. The amount of each adjustment is determined by the percentage increase, if any, in the Consumer Price Index from the previous calendar year. The adjustments to the maximum civil penalties are effective on each August 1.
What are the new penalty rates?
The 2019 VOSH maximum civil penalty amounts are:
- Serious violations – $13,047
- Other-than-serious violations – $13,047
- Failure to correct violations – $13,047
- Willful or repeated violations – $130,463
Why should I update?
Every employer is required to keep its employees informed of specific safety and health standards applicable to the business establishment. (§ 40.1-51.1). This includes informing employees of the annual penalty adjustment. Further, the penalties authorized by § 40.1-49.4 apply to violations of posting requirements. (16 VAC 25-60-40). In practice, a posting violation is normally an other-than-serious violation which will incur a penalty of $ 1,000. (VOSH Field Operations Manual, Ch. 11 § B. 16).
How can I update?
Fortunately, employers do not need to purchase a full Virginia All-On-One poster replacement to display the latest posting update. Using the August 2019 Job Safety and Health Protection Peel ‘N Post™ update sticker, simply cover the outdated Job Safety and Health Protection notice on your existing Virginia All-On-One Poster with the updated posting. It is the easiest, most cost-effective method of achieving posting compliance. Naturally, employers also have the option purchase a new Virginia All-On-One Poster which has been updated to include the Virginia August 2019 Job Safety and Health Protection notice. Avoid a penalty, update today!