Employment Law Chronicle for Virginia & the District of Columbia

As a courtesy to employers and employment lawyers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

Pursuant to the Federal Occupational Safety and Health Act (OSHA), Virginia has received approval for the Virginia OSHA program. In addition to adopting the federal standards almost verbatim, Virginia has enacted additional safety and health requirements. As a consequence, all Virginia employers are required to: (a) comply with numerous safety and health regulations; and (b) comply with the "general duty clause," which requires employers to provide a workplace that is free from recognized hazards that are causing or likely to cause death or serious physical injury."

Links to select provisions of the Virginia Occupational Safety and Health Act are provided below:

VA Code § 40.1-49.8. Duties of employers. This provision describes the employer's duty to provide a safe workplace free from recognized hazards. It also describes disclosure, notice and reporting requirements.

VA Code § 40.1-51.2. Rights and duties of employees. This provision explains employees' obligations to comply with all workplace health and safety rules and regulations. It also provides employees with the right to report workplace health and safety violations.

VA Code § 40.1-51.2:1. Discrimination against employee for exercising rights prohibited. This provision protects whistleblowers as follows:

No person shall discharge or in any way discriminate against an employee because the employee has filed a safety or health complaint or has testified or otherwise acted to exercise rights under the safety and health provisions of this title for themselves or others.

VA Code § 40.1-51.2:2. Remedy for discrimination. This provision states the procedures and remedies for filing whistleblower claims for reporting workplace safety and health violations. In general, the employee has 60 days to file a complaint.

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Labor & Employment Laws, Virginia , Labor & Employment Laws, Virginia , Termination (Wrongful v. Proper) , Whistleblower Protections , Workplace Health & Safety

As a courtesy to employers and employment lawyers, The Employment Law Chronicle provides the text or links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

Below is the Virginia whistleblower law prohibiting wrongful termination or other discrimination of employees who report or testify about safety or health complaints:

VA Code § 40.1-51.2:1. Discrimination against employee for exercising rights prohibited.

No person shall discharge or in any way discriminate against an employee because the employee has filed a safety or health complaint or has testified or otherwise acted to exercise rights under the safety and health provisions of this title for themselves or others.

Section 40.1-51.2:2 of the Virginia Code provides the procedures and remedies for Virginia safety or health whistleblower claims.

As a courtesy to employers and employment lawyers, The Employment Law Chronicle provides the text or links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

As set forth below, in Virginia, employers are limited in their ability to discharge employees for excessive absences due to illnesses or injuries that are compensable under Virginia's workers' compensation law.

Continue reading "Virginia Employment Law: Protection of Employees on Workers' Compensation (VA Code § 40.1-27.1)" »

The Virginian-Pilot reports that a former employee filed suit in Norfolk Circuit Court seeking $65 million against BJ's Wholesale Club for failing to warn or take precautions to protect the former employee from her estranged husband who came to the workpace, killed the employee's sister, and shot the employee. According to the article, the lawsuit alleges that on the day of the shooting, the employee's manager at BJ's received several phone calls and a visit from the husband threatening the employee, but the Company did not warn or protect the employee.

While the outcome of this case remains to be seen, an important take-away for employers is that it is critically important to develop, implement, and communicate to employees specific procedures to respond to workplace threats.