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New Protections for Youth Employees Take Effect July 1, 2024

New Protections for Youth Employees Take Effect July 1, 2024

RICHMOND – Beginning July 1, 2024, the Department of Labor and Industry (DOLI) will increase protections for youth employees as a result of actions from the Virginia General Assembly. Legislation signed by Governor Glenn Youngkin will protect children in the workplace by increasing penalties for violations of Virginia’s child labor laws. DOLI will also convene a work group to coordinate educational and outreach efforts to inform Virginians of child labor laws. “Youth employees are the key to the future of Virginia’s workforce and it’s paramount these workers have access to safe and healthy workplaces.” said Secretary of Labor Bryan Slater. “These efforts will keep Virginia as the top place in the nation to live and work, for individuals of all ages.” The minimum penalty for a violation of child labor laws will increase to $500, with a maximum of $2,500 per violation in most cases. For violations involving the serious injury or fatality of a child, the maximum penalty increases to $25,000. Business owners and parents of youth employees can find more information about Virginia’s child labor laws on DOLI’s website at: www.doli.virginia.gov. “Last year, there were more than 10,000 youth employees between the ages of 14-15 years old in the Commonwealth,” said DOLI Commissioner Gary Pan. “I thank Delegate Seibold and the General Assembly for passing this legislation to increase workplace safety for all Virginians.” Additionally, DOLI will be implementing several other legislative changes starting July 1, 2024. These changes will help DOLI fulfill its mission of making Virginia a better place in which to live, work, and conduct business:
  • DOLI, in collaboration with the Virginia Department of Veterans Services, will provide an optional workplace poster outlining state and federal resources available to veterans.
  • DOLI will assist companies in complying with the Virginia NESHAP Act through training, guidance, and other outreach activities.
About the Virginia Department of Labor and Industry DOLI is an executive branch agency, under the Virginia Secretary of Labor, overseeing the Virginia Occupational Safety and Health (VOSH) program, Division of Boiler and Pressure Vessel Safety, and Division of Labor and Employment Laws. DOLI strives to make Virginia a better place in which to live, work, and conduct business.  
Public Safety Announcement: VOSH announces new initiative to address recent increase in workforce fatalities

Public Safety Announcement: VOSH announces new initiative to address recent increase in workforce fatalities

RICHMOND – The Department of Labor and Industry has launched a new emphasis initiative aimed at preventing workforce fatalities across Virginia. The initiative, carried out through the Virginia Occupational Safety and Health (VOSH) program, is designed to address the alarming rise in workforce fatalities. The initiative will run from January 2025 to July 2025. Throughout this period, VOSH will publish information to increase awareness and drive more focus on the top contributory hazards that yield workforce fatalities. Although VOSH works each day to prevent these tragic events, over the next several weeks, VOSH personnel will be driving awareness across Virginia and will begin with a heightened focus on work that is being conducted from heights that require fall protection. Should a VOSH Compliance Officer observe this type of work being performed, it is probable an inspection will be conducted. We kindly urge employers and employees alike to implement measures to ensure the safety of all elevated work and adhere to the applicable VOSH standards. VOSH is committed to preventing these serious and avoidable tragedies.

“Over the past few months, VOSH has conducted investigations into several preventable incidents related to a number of occupational hazards and our first focus area will be on fall hazards. These incidents can be mitigated through collaboration between employers and employees to establish and adhere to fall protection safety practices”, said Charles Stiff, CSP, Deputy Commissioner of the Virginia Department of Labor and Industry. “Ultimately, protecting our workforce is a value and as a value, it is everyone’s responsibility to uphold safe work practices and conditions. We believe Virginia’s workforce can work injury-free and it is imperative that our workforce returns home safely each day.”

Falls are one of the leading causes of fatal accidents in the construction industry. In the last two years, falls accounted for more than 30% of workplace fatalities across the Commonwealth of Virginia.

VOSH strongly encourages employers and employees to engage in a Safety Stand Down to STOP and TALK about fall protection. This initiative aims to ensure that every employee has the best opportunity to return home to their loved ones in the same condition as when they started their workday.

What is a Safety Stand Down?

It is a voluntary event where employers can provide the workforce information and awareness to work injury-free by conducting: read more…

Notice of the Average Weekly Wage for 2025

Notice of the Average Weekly Wage for 2025

Pursuant to Va. Code § 40.1-28.7:8, the term “low-wage employee” as applied to covenants not to compete has been calculated by the Virginia Department of Workforce Development and Advancement to include all employees who earn an average of less than $1,463.10 per week. “Low-wage employee” also includes an individual who has independently contracted with another person to perform services independent of an employment relationship and who is compensated for such services by such person at an hourly rate that is less than the median hourly wage for the Commonwealth for all occupations as reported, for the preceding year, by the Bureau of Labor Statistics of the U.S. Department of Labor.

Any employer who enters into, enforces, or threatens to enforce a covenant not to compete with any low-wage employee as defined by the statute will be in violation of the statute, and subject to a suit for damages, attorneys’ fees, and liquidated damages, and civil monetary penalties assessed by the Commissioner.

Additionally, the section contains a posting requirement for employers which advises,

“Every employer shall post a copy of this section or a summary approved by the Department in the same location where other employee notices required by state or federal law are posted.” Posting a copy of the Code will meet the requirements for notice to employees required under the law.

For any questions about current wage rates or requirements under the law, please contact the Department’s Labor & Employment Law Division at laborlaw@doli.virginia.gov. For further information about the 2025 rate’s calculation, please click here.

 

 

 

Virginia Department of Labor and Industry Recertifies NIBCO of Virginia as a Voluntary Protection Program ‘STAR’ site

Virginia Department of Labor and Industry Recertifies NIBCO of Virginia as a Voluntary Protection Program ‘STAR’ site

RICHMOND – NIBCO of Virginia, located in Stuarts Draft, has received recertification as a Virginia STAR Worksite under the Virginia Occupational Safety and Health (VOSH) Voluntary Protection Programs (VPP).  This is the site’s third recertification since 2014.

“We commend the dedication of the staff and management at NIBCO of Virginia for prioritizing workers’ safety and health,” said Virginia Department of Labor and Industry (DOLI) Commissioner Gary Pan. “This achievement demonstrates their commitment toward keeping workers safe.”

NIBCO of Virginia facility in Stuarts Draft, Virginia, is one of 37 current participants in the STAR program of public/private sector worksites to achieve and retain this recognition. The approximately 304,000-square-foot facility is the world’s largest producer of pure copper fittings for plumbing, heating, cooling, irrigation, and drainage applications.  Currently, there are 460 full-time employees (27 salaried/ 433 hourly), with two contract workers at the site. The plant is one of two NIBCO VPP STAR sites in Virginia and one of five in the United States.

The Virginia VPP recognizes and promotes exceptional safety and health management systems for Virginia’s employers in all industries. In VPP, the participant’s management, workers, and VOSH establish a cooperative relationship that encourages continuous improvement in worksite safety performance.

Acceptance into Virginia’s VPP is confirmation and recognition that an employer has achieved safety and health excellence well above their industry peers. The VOSH VPP administers the Virginia STAR, Virginia Challenge, VADOC Challenge, Virginia BEST, and Virginia BUILT programs. For more information about this program or the other services we offer, visit our website at https://www.doli.virginia.gov/voluntary-protection-program/.

The Virginia Occupational Safety and Health (VOSH) program is financed in part by a grant from the U. S. Department of Labor, Occupational Safety and Health Administration (OSHA), under §23(g) of the Occupational Safety and Health Act of 1970. The Virginia State Plan is funded by a grant of federal funds, which constitutes 50% of the State Plan budget excluding any state overmatch funds. Zero percent, or $0.00 of the State Plan budget, is financed through nongovernmental sources.

Virginia Department of Labor and Industry Recertifies NAES Southampton Power Station as a Voluntary Protection Program ‘STAR’ site

Virginia Department of Labor and Industry Recertifies NAES Southampton Power Station as a Voluntary Protection Program ‘STAR’ site

RICHMOND – NAES Southampton Power Station in Franklin, Virginia, has received recertification as a Virginia STAR Worksite under the Virginia Occupational Safety and Health (VOSH) Voluntary Protection Programs (VPP).  This is the site’s fifth recertification since 2004.

“We commend the dedication of the staff and management at the NAES Southampton Power Station for prioritizing workers’ safety and health,” said Virginia Department of Labor and Industry (DOLI) Commissioner Gary Pan. “This achievement demonstrates their commitment toward keeping workers safe.”

NAES Southampton Power Station is one of 35 current participants in Virginia’s VPP STAR Program. The location is owned by Dominion Energy, Inc., operated by NAES Corporation, and has been in continuous commercial operation since 1992.  The facility is located on approximately 30 acres and employs 30 workers in Franklin, Virginia. The station produces enough electricity to power approximately 51,000 homes, using biomass as a fuel in the form of wood chips, grindings, and slash as its primary fuel. 

The Virginia VPP recognizes and promotes exceptional safety and health management systems for Virginia’s employers in all industries. In VPP, the participant’s management, workers, and VOSH establish a cooperative relationship that encourages continuous improvement in worksite safety performance.

Acceptance into Virginia’s VPP is confirmation and recognition that an employer has achieved safety and health excellence well above their industry peers. The VOSH VPP administers the Virginia STAR, Virginia Challenge, VADOC Challenge, Virginia BEST, and Virginia BUILT programs. For more information about this program or the other services we offer, visit our website at https://www.doli.virginia.gov/voluntary-protection-program/.

The Virginia Occupational Safety and Health (VOSH) program is financed in part by a grant from the U. S. Department of Labor, Occupational Safety and Health Administration (OSHA), under §23(g) of the Occupational Safety and Health Act of 1970. The Virginia State Plan is funded by a grant of federal funds, which constitutes 50% of the State Plan budget excluding any state overmatch funds. Zero percent, or $0.00 of the State Plan budget, is financed through nongovernmental sources. 

Suicide Prevention in the Workplace

Suicide Prevention in the Workplace

September is National Suicide Prevention Awareness Month, the perfect opportunity to discuss the ongoing mental health crisis, alarming increase of work-related suicides, and what you can do to help.

In recent years, the Occupational Safety and Health Administration (OSHA) and the Federal Department of Labor have begun to emphasize the importance of addressing mental health in the workplace as key to reducing injury and illness rates among employees. OSHA has noted that recent studies conducted by the Centers for Disease Control and Prevention (CDC) have shown a concerning uptick in suicide rates among working age adults. It can be difficult to discuss mental health in the workplace, as typically that is a space where personal problems are left at the door. However, creating an environment at work where anyone can reach out for help when they are in crisis is necessary to prevent suicides and other long term mental health issues.

In 1999, the National Institute for Occupational Safety and Health (NIOSH) published an educational study which asserts that stressful job conditions, in combination with individual and situational factors, contributes to a higher risk of injury or illness. To this day, NIOSH maintains that job-related stress can lead to poor health and even injury for workers. Reducing job-related stress from the workplace is important in ensuring that everyone has access to a healthy and safe work environment. 

To better illustrate how job stress can impact individuals, the CDC reviewed the specific work conditions that can lead to adverse mental health outcomes. The CDC states that the workplace can contain several factors which have been shown to contribute to higher suicide risks among workers. The reduction of these factors may lead to better mental health outcomes for employees: 

  – Low job security, low pay, and job stress

  – Access to lethal means (e.g. the ability to obtain things such as firearms and medications)

   – Long working hours

   – Workplace bullying

The month of September is National Suicide Awareness month. The effects of suicide can impact individuals in any industry or occupation. There are however, concerning trends that show a higher prevalence of suicide in some occupations than others.

As shown in the data table to the right, these  occupations demonstrated the top five highest counts of work-related suicide during the  reference year 2022. Transportation and Material Moving workers had the highest count of work-related suicide nationally in 2022. In the Commonwealth of Virginia, Transportation and  Material movers made up over 300,000 of the state’s workers in 2023. In total, all of these occupations amounted to 976,810 workers in the commonwealth that year.

This month, we aim to honor those who lost their lives and encourage further education and awareness concerning mental health in the workplace. It’s important to know resources are available to individuals who are struggling and those who want to learn more about how they can help those in need and support their colleagues.

If you or someone you know is struggling or in crisis, help is available. Call or text 988 or chat 988lifeline.org to reach the 988 Suicide & Crisis Lifeline.

Virginia Department of Labor and Industry Recertifies the Babcock & Wilcox Company, in Newport News

Virginia Department of Labor and Industry Recertifies the Babcock & Wilcox Company, in Newport News

RICHMOND – The Babcock & Wilcox Company in Newport News, Virginia has received recertification as a Virginia STAR Worksite under the Virginia Occupational Safety and Health (VOSH) Voluntary Protection Programs (VPP). 

“We commend the dedication of the staff and management at the Luminant Hopewell Power Plant for prioritizing workers’ safety and health,” said DOLI Commissioner Gary Pan. “This achievement demonstrates their commitment toward keeping workers safe.”

The Babcock & Wilcox Company in Newport News is one of 37 current participants in Virginia’s VPP STAR Program. The facility is part of the Babcock & Wilcox Controls and Electrical Division which designs Electrostatic Precipitator (ESP) Control Systems for worldwide use. 

The Virginia VPP recognizes and promotes exceptional safety and health management systems for Virginia’s employers in all industries. In VPP, the participant’s management, workers, and VOSH establish a cooperative relationship that encourages continuous improvement in worksite safety performance.

Acceptance into Virginia’s VPP is confirmation and recognition that an employer has achieved safety and health excellence well above their industry peers. The VOSH VPP administers the Virginia STAR, Virginia Challenge, VADOC Challenge, Virginia BEST, and Virginia BUILT programs. For more information about this program or the other services we offer, visit our website at https://www.doli.virginia.gov/voluntary-protection-program/

The Virginia Occupational Safety and Health (VOSH) program is financed in part by a grant from the U. S. Department of Labor, Occupational Safety and Health Administration (OSHA), under §23(g) of the Occupational Safety and Health Act of 1970. The Virginia State Plan is funded by a grant of federal funds, which constitutes 50% of the State Plan budget excluding any state overmatch funds. Zero percent, or $0.00 of the State Plan budget, is financed through nongovernmental sources. 

Virginia Department of Labor and Industry Launches New System for Virginians to Request Youth Employment Certificates  

Virginia Department of Labor and Industry Launches New System for Virginians to Request Youth Employment Certificates  

RICHMOND, VA – The Department of Labor and Industry (DOLI) is pleased to announce the launch of a new modern electronic system streamlining the issuance of Youth Employment Certificates. The new system modernizes the three-step process to allow youth workers, their parents, and the employers to request a certificate in a matter of minutes, without delay or the need for a paper application.

“This launch represents another important milestone for DOLI.” said Gary G. Pan, DOLI Commissioner. “This system marks an achievement in modernization for the Agency and supports the Governor’s initiative to introduce the next generation of workers to the Commonwealth of Virginia’s workforce and economy.”

In Virginia, all youth workers, ages 14 and 15, are required to obtain an Employment Certificate prior to performing any work.  When a youth worker receives a job offer, they can go online to initiate their certificate application. Once completed, the potential employer will verify the information and enter information about the worker’s job duties. Lastly, the worker’s parents or legal guardian will approve the employment, and the application will be forwarded to DOLI for approval.

This innovative system is part of DOLI’s ongoing commitment to improving services and accessibility for all businesses and employees, making it easier for individuals to obtain required certifications and report wage-related issues.  This marks the first-time youth employment opportunities have been integrated into an online portal.

To access DOLI’s online portal, please visit: selfserviceportal.doli.virginia.gov

About the Agency:

It is the mission of the Virginia Department of Labor and Industry (DOLI) to make Virginia a better place in which to work, live, and conduct business. DOLI’s Labor and Employment Law Division administers and enforces the laws of the Commonwealth that govern employee pay, the employment of children, and certain other statutes that relate to the workplace. Additional information about coverage and requirements can be obtained by contacting the Division of Labor and Employment Law at (804) 786-2706 or at laborlaw@doli.virginia.gov.

Virginia Department of Labor and Industry Recertifies Sunoco, LLC in Virginia Beach as a Voluntary Protection Program ‘STAR’ site

Virginia Department of Labor and Industry Recertifies Sunoco, LLC in Virginia Beach as a Voluntary Protection Program ‘STAR’ site

RICHMOND – Sunoco, LLC has received recertification as a Virginia STAR Worksite under the Virginia Occupational Safety and Health (VOSH) Voluntary Protection Programs (VPP).

“We commend the dedication and determination of the staff and leadership at Sunoco for prioritizing occupational health and safety,” said Gary G. Pan, Commissioner of the Department of Labor and Industry. “This achievement demonstrates their outstanding commitment toward keeping their workers safe.”

Sunoco, LLC is one of 37 current participants in Virginia’s VPP STAR. The terminal receives petroleum products via barges into its two above-ground storage tanks for distribution to the nearby Oceana Naval Air Station. The facility is situated on 50 acres- and began operations in 1963. 

Virginia Voluntary Protection Programs recognize Virginia employers, in any industry, demonstrating exceptional safety and health management systems. The programs are a collaboration between company management, employees, and VOSH staff to establish a cooperative relationship that encourages continuous improvement in worksite safety performance. VOSH VPP administers the Virginia STAR, Virginia Challenge, VADOC Challenge, Virginia BEST, and Virginia BUILT programs.

For more information about this program or services offered through the Voluntary Protection Programs, visit www.doli.virginia.gov/voluntary-protection-program/.

The Virginia Occupational Safety and Health (VOSH) program is financed in part by a grant from the U. S. Department of Labor, Occupational Safety and Health Administration (OSHA), under §23(g) of the Occupational Safety and Health Act of 1970. 

About the Virginia Department of Labor and Industry

DOLI is an executive branch agency, under the Virginia Secretary of Labor, overseeing the Virginia Occupational Safety and Health (VOSH) program, Division of Boiler and Pressure Vessel Safety, and Division of Labor and Employment Laws. DOLI strives to make Virginia a better place in which to live work, and conduct business

Statutory Virginia Minimum Wage Increase Effective January 1, 2025

Statutory Virginia Minimum Wage Increase Effective January 1, 2025

During the 2020 Regular Session, the General Assembly reenacted the Virginia Minimum Wage Act. The new statute stated the Commissioner of Labor and Industry shall establish the adjusted state hourly minimum wage by October 1, 2024, to take effect on January 1, 2025, and then annually thereafter, if the General Assembly did not reenact scheduled increases to the minimum wage rates.

Accordingly, it is the duty of the Commissioner of the Virginia Department of Labor and Industry (DOLI) to establish the adjusted state hourly minimum wage effective January 1, 2025. Pursuant to the Virginia Minimum Wage Act, the adjusted minimum wage rate shall be a sum of the current minimum wage rate ($12.00 per hour) and a percentage of the current minimum wage rate equal to the change in Consumer Price Index for all items, all urban consumers (CPI-U) for the most recent calendar year, as calculated and published by the United States Bureau of Labor Statistics. The U.S. Bureau of Labor Statistics defines the Consumer Price Index as “a measure of the average change over time in the prices paid by urban consumers for a market basket of consumer goods and services.”

In December 2023, the U.S. Bureau of Labor Statistics published an annual increase in CPI-U of 3.4%. Effectually, the nondiscretionary formula for adjusting the Virginia minimum wage rate is $12.00 + ($12.00 x .034). This calculation equals $12.41. This adjusted rate will be in effect from January 1, 2025 to January 1, 2026.

For the period of January 1, 2025, until January 1, 2026, the established adjusted state hourly minimum wage is $12.41 per hour. Employers must pay all employees covered by the Virginia Minimum Wage Act at a rate not less than the adjusted minimum wage rate.

Annual adjustments to the Virginia minimum wage rate will continue in future years by this same methodology. For questions regarding this calculation or Virginia’s minimum wage laws, please contact the Department of Labor and Industry’s Division of Labor and Employment Law at (804) 786-2706 or laborlaw@doli.virginia.gov.

DOLI sent a letter to business groups in Virginia, to provide notification of the increase, and a copy of the letter can be found here.

DOLI also provides an optional notice, which employers may post for awareness, a copy can be found here.

Virginia Department of Labor and Industry Recertifies Eastman Performance Films as a Voluntary Protection Program ‘STAR’ site

Virginia Department of Labor and Industry Recertifies Eastman Performance Films as a Voluntary Protection Program ‘STAR’ site

RICHMOND – Eastman Performance Films has received recertification as a Virginia STAR Worksite under the Virginia Occupational Safety and Health (VOSH) Voluntary Protection Programs (VPP).  This is the site’s third recertification since 2010.

“We commend the dedication and determination of the staff and leadership at Eastman Performance Films for prioritizing occupational health and safety,” said Gary G. Pan, Commissioner of the Department of Labor and Industry. “This achievement demonstrates their outstanding commitment toward keeping their workers safe.”

Eastman Performance Films, LLC, in Fieldale, Virginia is one of 37 current participants in the Virginia VPP STAR program.  The site manufactures a variety of film products sold under Eastman’s portfolio of brands.  These products are distributed worldwide and are used for window film on homes, buildings, and cars to provide safety and security for windows, touchscreen displays, medical packaging, theatrical lighting, and car molding, among many other uses. The Fieldale site includes production, warehousing, and administrative facilities for the company. The facility is continuously operated with production employees and includes more than 400 employees.

Virginia Voluntary Protection Programs recognize Virginia employers, in any industry, demonstrating exceptional safety and health management systems. The programs are a collaboration between company management, employees, and VOSH staff to establish a cooperative relationship that encourages continuous improvement in worksite safety performance. VOSH VPP administers the Virginia STAR, Virginia Challenge, VADOC Challenge, Virginia BEST, and Virginia BUILT programs.

For more information about this program or services offered through the Voluntary Protection Programs, visit www.doli.virginia.gov/voluntary-protection-program/.

The Virginia Occupational Safety and Health (VOSH) program is financed in part by a grant from the U. S. Department of Labor, Occupational Safety and Health Administration (OSHA), under §23(g) of the Occupational Safety and Health Act of 1970.

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