CHAPTER 280

An Act to amend and reenact § 40-61.3 of the Code of Virginia, relating to
violations of certain safety provisions; appeals to the Safety Codes
Commission and the courts; and penalties for violations.

[H 689]

Approved April 1, 1968

Be it enacted by the General Assembly of Virginia:

1. That § 40-61.3 of the Code of Virginia be amended and reenacted
as follows:

§ 40-61.8. Proceedings upon violation of certain sections, rules and
regulations.—(1) Whenever the Commissioner finds that any business
establishment or machinery therein violates §§ 40-44, 40-55, 40-58, 40-61,
40-61.1, 40-61.2, or rules and regulations adopted under this title, he
shall give notice thereof to the owner or manager or other person in
charge of such establishment; if such notice is given to a person other
than the owner then a copy thereof shall be sent to the owner by certi-
fied or registered mail to his last known post-office address. The notice
shall set forth with reasonable particularity the nature of the violation
and the recommendations of the Commissioner with respect to its correc-
tion. The notice may be delivered in person or mailed by registered or
certified mail, or it may be served in accordance with Chapter 4 (§ 8-43
et seq.) of Title 8.

(2) If the business establishment charged with the violation objects
to the findings or recommendations of the Commissioner set forth in
the notice, it may file an appeal from such findings or recommendations
within thirty days from the date the notice of the Commissioner is deliv-
ered to, mailed, or served upon it. Upon the filing of an appeal the Com-
missioner shall forthwith refer it to the Safety Codes Commission, which
shall with reasonable promptness pass upon the merits of such an appeal.
No employer shall be granted more than one appeal to the Safety Codes
Commission for the same or substantially similar violations on the same or
subsequent operations when the Safety Codes Commission has previously
determined that such conditions are in violation of appropriate provisions
of this Title or rules and regulations pursuant thereto.

(3) Unless the violation has been corrected or an appeal has been
taken to the Safety Codes Commission within thirty days of the notice
given under paragraph (1), the Commissioner may prohibit the use of
the business establishment or machinery charged with a violation here-
under until the violation has been corrected or a final determination favor-
able to the employer has been made by the Safety Codes Commission.

(4) Any person guilty of a violation of the sections listed in para-
graph (1), or such rules and regulations shall be guilty of a misdemeanor
and upon conviction in any court of competent jurisdiction shall be fined
not less than twenty-five dollars nor more than one hundred dollars and
each day of violation shall constitute a separate offense; provided that
no such fine shall be imposed for any such offense committed during any
period permitted by this title for the taking of an appeal to the Safety
Codes Commission from the findings or recommendations of the Com-
missioner. Prosecutions under this section shall be in the county or
municipal court of the county or city in which the violation occurred.

(5) Notwithstanding any other provision of this section, whenever
the Commissioner determines that there is immediate danger of loss of
life to any employee as a result of any such violation, he may order im-
mediate compliance or prohibit the use of the machinery or business
establishment. Such order may be appealed to the circuit or corporation
court of the county or city wherein the alleged violation exists but there
shall be no stay of the Commissioner’s order, unless such court, for good
cause shown, issue a preliminary restraining order against the enforce-
ment of the Commissioner’s order pending final disposition of appeal
from the Commissioner’s order. Any person who violates any such order
of the Commissioner prior to entry of a restraining order granted by
the court shall be guilty of a misdemeanor, punishable as set forth in sub-
paragraph (4) supra, and the violation shall be subject to being enjoined
as a nuisance.