CHAPTER 66

An Act to amend and reenact 8§ 40-1 through 40-12, 40-18, 40-20, 40-21,
40-22.1, 40-24, 40-33 through 40-37, 40-44. 40-55, 40-58 and 40-61 as
severally amended, of the Code of Virginia and to further amend the
Code of Virginia by adding to Title 40 new sections numbered 40-1.1,
40-1.2, 40-9.1, 40-9.2, 40-44.1, 40-54.1, 40-61.1, 40-61.2 and 40-61.3
all of which sections relate to the Department and Bureau of Labor
and Industry, definition of terms, limitation of rights under Title 40,
Commissioner of Labor and Industry, his powers and duties, informa-
tion to be supplied, use thereof, employment agencies, licensing there-
of, records, registration, penalties, Safety Codes Commission, enforce-
ment of Fair Labor Standards Act, protection of employces, as to
medical examinations, payment of wages, deductions, seating of
females, hours of work of females, toilet facilities, notice to Health
Commissoiner, ventilation, fire hazards, notification of Fire Marshal,
safety devices, lighting, dust, safety precautions in connection with
construction, maintenance, excavation and demolition, enforccinent
of safety provisions by Commissioner, appeals, and to repens 8§ 40-17,
40-28, 40-25 through 40-29, 40-38, 40-45 through 40-54, 40-59 and
40-60 relating generally to the same matters. ¢ Bi
[ ]

Approved February 15, 1962

Be it enacted by the General Assembly of Virginia:

That §§ 40-1 through 40-12, 40-18, 40-20, 40-21, 40-22.1, 40-24, 10-33
ugh 40-37, 40-44, 40-55, 40-58 and 40-61 as severally amended, of
Code of Virginia, be amended and reenacted, and that the Code of
rinia be amended by adding new sections numbered 40-1.1, 40-1.2,
1, 40-9.2, 40-44.1, 40-54.1, 40-61.1, 40-61.2 and 40-61.3, the amended
new sections being as follows:

§ 40-1. * The Department of Labor and Industry, hereinafter referred
3 the Department, is continued as a department of the State govern-
t; the Department shall be responsible for discharging the provisions
‘itle 40 and Title 45. All powers and duties conferred and tmposed
he Bureau of Labor and Industry by any other law are hereby con-
ed upon and vested in the Department of Labor and Industry.

§ 40-1.1. As used in this Title, unless the context clearly requires
rwise, the following terms have the following meanings:

(1) “Department” means the Department of Labor and Industry.
(2) “Commissioner” means the Commissioner of Labor and Industry.
(3) “Employer” means an individual, partnership, association, corpo-
mn, legal representative, receiver, trustee, or trustee in bankruptcy
gq business in or operating within the State who employs another to
: for wages, salaries, or on commission.

(4) “Employee” means any person who, in consideration of wages.
1es or commissions, may be permitted, required or directed by any
loyer to engage in any employment directly or indirectly.

(5) “Business establishment” means any public institution owned
nerated by the State or by a local government, or otherwise owned or
ated, or any other proprietorship, firm or corporation where people
employed, permitted or suffered to work, but shall not include agrt-
tral employment on a farm.

(6) “Female” or “woman” means a female eighteen years of age
ver.

(7) “Machinery” means machines, belts, pulleys, motors, engines,
s, vats, pits, elevators, conveyors, shafts, tunnels, but not including
hinery being operated on farms in connection with the production or
esting of agricultural products.

§ 40-1.2. The provisions of this Title are intended to provide solely
the safety, health and welfare of employees and the benefits thereof
} not run to any other person nor shall a third party have any right
of action for breach of any provision of this Title except as herein other-
wise specifically provided.

§ 40-2. The * Department shall collect, * sort, systematize and present
in annual reports to the Governor, to be biennially transmitted by him to
the General Assembly, statistical details relating to * the Department,
penal institutions, and industrial pursuits in the State, * particularly in
their relation to the commercial, industrial, social, educational, safety and
sanitary conditions of * employees and to the permanent prosperity of
the productive industries and other business and commercial institutions
of the State.

§ 40-3. The Governor shall appoint, by and with the consent of the
Senate, some suitable person identified with the labor interests of the
State, who shall be designated Commissioner of Labor and Industry. *
The Commissioner shall, upon the request of the Governor, furnish such
information as he may require. The Commissioner shall serve at the
pleasure of the Governor for a term coincident with that of the Governor.

§ 40-4. The Commissioner * shall : (1) have general supervision
and control of the * Department.

(2) Enforce the provisions of * Titles 40 and 45 and shall prosecute
all violations of law relating to the * business establishments before any
* court of competent jurisdiction.

(3) Make such rules and regulations not inconsistent with the
provisions of these Titles as may be necessary for the enforcement of
Titles 40 and 45; all such rules and regulations shall be subject to Chapter
1.1 of Title 9.

(4) In the discharge of his duties, have power to take and preserve
testimony, examine witnesses and administer oaths. * He may, under
proper restrictions enter any * business establishment, and interrogate
any person employed therein or connected therewith or the proper officer
of * any employer in the Commonwealth, or file a written or printed
hist of relevant interrogatories and require full and complete answers to
the same to be returned under oath within thirty days of the receipt of
such list of questions.

(5) Have power to appoint such * representatives and investigators
to aid him in this work and other assistants as may be necessary; their
duties * shall be prescribed by the Commissioner. The Commissioner or
his assistants * shall visit and inspect or investigate at reasonable hours,
as often as practicable, the * business establishments in the State.

(6) * Report in writing to the Governor annually concerning the
work of * the Department, with such * information and * recommendations
as he may deem proper.

§ 40-5. The Commonwealth’s attorney of the proper county or city,
upon the request of the Commissioner, * or any of his authorized assistants,
* shall prosecute any violation of law or rule or regulation adopted there-
under which it is made the duty of the Commissioner * to enforce.

§ 40-6. All State, county, town and city officers shall furnish the
Commissioner, * upon his request, such statistical or other information *
as may be in their possession as such officers which will assist the
Department in the discharge of its duties.

§ 40-7. The * Department shall be maintained from such appropria-
tions as the General Assembly may make for the purpose. The compen-
sation of the Commissioner and of all other * employees of the * Depart-
ment shall be * fixed * and paid in accordance with law*.

§ 40-8. If any person who may be sworn to give testimony shall will-
fully fail or refuse to answer any legal and proper question propounded
to him concerning the subject of such examination as indicated in § 40-4,
or if any person to whom a written or printed list of such interrogatories
has been furnished by the Commissioner * shall neglect or refuse to
answer fully and return the same under oath, or if any person in charge
of any * business establishment shall refuse admission to, or obstruct in
any manner the inspection or investigation of such establishment or the
proper performance of the authorized duties of the Commissioner or any
of his assistants, * he shall be guilty of a misdemeanor. * Such person,
upon conviction thereof, shall be fined not exceeding one hundred nor
less than twenty-five dollars, or imprisoned in jail not exceeding ninety
days, or both.

§ 40-9. * Neither the Commissioner * nor any employee of the *
Department shall make use of or reveal any information or statistics
gathered from any person, company or corporation for any purposes other
than those of this title or of Title 45.

EMPLOYMENT AGENCIES

§ 40-9.1. The other definitions of this Title shall apply in this
Chapter but herein, and for the purposes of this Chapter only, the follow-
ing definitions shall also apply:

(1) “Fee” means anything of value including money or other valu-
able consideration or services or the promise of any of the foregoing
received by an employment agency from or on behalf of any person
seeking employment or employees in payment for any service, either
directly or indirectly.

(2) “Employer” means any person employing or seeking to employ
any employee.

(3) “Employee” means any person performing or seeking to perform
work or service of any kind for hire.

(4) “Employment Agency” means any person, firm, corporation,
association or business who shall advertise through any means for the
purpose of assigning or directing a person to some other employer to
work and charges any fee or commission for such service; provided that
this chapter shall not apply to migratory farm labor where otherwise
provided for by law.

§ 40-9.2. No person shall operate any employment agency within
this State on and after July one, nineteen hundred sixty-two, without
first obtaining a license so to do from the Department, which license shall
be valid until January one, nineteen hundred sixty-three. Thereafter
licenses shall be obtained within thirty days after the first day of January
of each year. A person who desires to commence operation of an em-
ployment agency after January thirty-first shall obtain a license for the
remainder of the year before engaging therein. All licenses shall expire
at the end of the calendar year for which issued. A separate license
shall be procured for each location at which business is conducted. No
license shall be transferable. Each application for a keense shall be
submitted to the Department together with cash, or a post office money
order, or a certified check drawn in favor of the State Treasurer, in the
amount of ten dollars. The Commissioner may, by rule or regulation,
require the furnishing of such information by the applicant as will
enable the Commissioner to determine whether the applicant for licensure
ig qualified to comply with the requirements of this chapter.

§ 40-10. Every * employment agency shall keep a register in a sub-
stantial book, in the form prescribed by the Commissioner, * in which
shall be entered the age, sex, nativity, trade or occupation, name and
address of every applicant for employment. Such * employment agency

shall also enter in a like register the name and address of every person
who * makes application for help. employees or servants and the name and
nature of employment for which * same are wanted. The disposition
of every such application shall be entered on the appropriate register.
All such records shall be kept on file, for u period of three years sub ject
to review by the Commissioner or his assistants. The provision of this
section shall not apply to any employment agency which does not charge
any fee or commission to the employee.

§ 40-11. The registers required by § 40-10 shall be open at all rea-
sonable hours to the inspection and examination of the Commissioner *
or his * assistants.

§ 40-12. When an employment agency charges a registration fee,
such fee shall in no case exceed the sum of three dollars, for which a
receipt shall be given; * the receipt shall * state the name and address of
the applicant, the amount of the fee, the date and name or character of
the work or the situation to be secured. The registration fee shall be
returned to the applicant after thirty days if suitable employment is
not offered by such employment agency to him.

When any contract or agreement is made between a person seeking
employment and such employment agency, such contract or agreement
shall be in writing. The gross amount of any fee charged or any percent-
age of wages to be charged as fee, together with the duration of time such
fee is to be paid or wages deducted, shall be specifically set out in such con-
tract or agreement in bold black or red letters enclosed with a conspicuous
black border. The Commissioner, or such person as he may delegate, shall
have authority to prescribe the form of such contract or agreement.

§ 40-18. Any person found guilty of a violation of any of the pro-
visions of this chapter shall, subject to the provisions of * § 40-19, be
guilty of a misdemeanor; * upon conviction in any court of competent
jurisdiction he shall be fined not less than * twenty-five nor more than
two hundred dollars for each offense.

§ 40-20. (1) The Safety Codes Commission is hereby continued as
an agency of the Commonwealth. The Commission shall consist of *
five members, four of whom shall be appointed by the Governor. One
member shall, by reason of previous vocation, employment or affiliation,
be so chosen as to represent Labor; two shall, by reason of previous
vocation, employment or affiliation, be so chosen as to represent employers;
one shall be chosen from and be a representative of the general public;
and the Commissioner of Labor and Industry shall be a member ex
officio with full membership status.

(2) The first appointive members shall be appointed as follows: one
for a term of four years, one for a term of three years, one for a term
of two years, and one for a term of one year. Succeeding appointments
shall be for terms of four years each but other vacancies shall be filled
by appointment for the unexpired term.

(3) The Commission shall annually select a chairman from its
members. The Commission shall meet at least once every six months; *
other meetings fhay be held * upon call of the chairman or * any * three
members of the Commission. * Three members of the Commission shall
constitute a quorum. The appointive members of the Commission shall
receive a per diem of fifteen dollars for each day or portion thereof on
which they are engaged upon the business of the Commission. All mem-
bers shall receive their necessary expenses incurred in attendance upon
meetings or otherwise incurred in the performance of their duties.

(4) The Commission shall study and investigate all phases of
safety in * business establishments, the application of this Title and of
Title 45 thereto, and shall serve as advisor to the Commissioner. The
Commission shall hear appeals arising under § 40-61.3. The findings of
the Commission concerning the enforcement of §§ 40-44, 40-45, 40-55,

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40-58, 40-61, 40-61.1, 40-61.2 and 40-61.3 or violations thereof shall be
binding upon the Commissioner.

(5) The Commission, with the advice of the Commissioner, is hereby
authorized to adopt, alter, amend, or repeal rules and regulations to
further, protect and promote the safety and health of employees in
places of employment over which it has jurisdiction. The Commissioner
shall enforce such rules and regulations. All such rules and requlations
shall be designed to protect and promote the safety of such employees but
shall not be in conflict with any provisions of this Title.

(6) Chapter 1.1 of Title 9 of the Code shall apply to the adoption
of rules and regulations under this section and to proceedings before
the Commvssion.

§ 40-21. The Department * may enter into agreements with the
Wage and Hour Division, and the Children’s Bureau, United States De-
partment of Labor, for assistance and cooperation in the enforcement
within this State of the act of Congress known as the Fair Labor
Standards Act of one thousand nine hundred and thirty-eight, approved
June twenty-fifth, one thousand nine hundred and thirty-eight, and amend-
ments thereto, and may accept payment or reimbursement for its services
as provided by such act of Congress. Any such agreement may be subject
to the regulations of the Administrator of the Wage and Hour Division,
or the Chief of the Children’s Bureau of the United States Department
of Labor, as the case may be, and shall be subject to the approval of
the Director of the Division of the Budget. Nothing in this section shall
be construed as authorizing the Department * to spend in excess of its
appropriations from State funds, except to the extent that such excess
may be paid or reimbursed to it by the United States Department of
Labor. All payments received by the Department * under this section
shall be deposited in the State treasury and are hereby appropriated
to the Department * to enable it to carry out the agreements entered into
under this section.

§ 40-22.1. It shall be unlawful for any employer * to require any
employee or applicant for employment to pay the cost of a medical
examination or the cost of furnishing any medical records required by
the employer as a condition of employment. *

Any employer who violates * this section shall be * fined not more
than one hundred dollars for each * such violation.

§ 40-24. * (a) All employers engaged in the operation of any business
establishment shall establish regular pay periods and shall pay salaried
employces at least once each month and employees paid on an hourly rate
at least once every two weeks or twice in each month. Upon termination
of employment an employee shall be paid all wages or salaries due him
for work performed prior thereto; such payment shall be made on or before
the date on which he would have been paid for such work had his employ-
ment not been terminated.

(6b) Payment of wages or salaries shall be in lawful money of the
United States * or check payable at face value upon demand in lawful
money of the United States.

(c) No employer shall withhold any part of the wages or salaries
of any employee except for payroll, wage or withholding taxes or wm
accordance with law, without the written and signed authorization of
the employee. An employer, upon request of his employee, shall furnish
the latter a written statement of the gross wages earned by the employee
during any pay period and the amount and purpose of any deductions

therefrom.
(d) An employer who violates this section shall be fined not less
than twenty-five dollars nor more than one hundred dollars.
(e) The Commissioner may require a written complaint of the vio-
lation of this section and, with the written and signed consent of an
employee, may institute proceedings on behalf of an employee to enforce
compliance with this section, and to collect any moneys unlawfully with-
held from such employee which shall be paid to the employee entitled
thereto.

§ 40-83. * In any * business establishment where it is necessary on
account of the nature of the work in such establishment for the female
employees to stand while working, * suitable rest rooms or seating facilt-
ties shall be provided and such employees shall be permitted to use same
at all reasonable times. Any person who violates this section shall be
guilty of a misdemeanor and upon conviction thereof shall be fined not
exceeding twenty-five dollars and cost.

§ 40-34. No female shall be employed, suffered or permitted to work
in any * business establishment in this State, except as provided in § 40-35,
for more than nine hours in any * twenty-four consecutive hour period
nor more than forty-eight hours in any * period of seven consecutive

ays.*

Nothing in this section shall be construed to prohibit an employee
from working after an unbroken rest period of ten hours between two
tours of duty on intermittent schedules of work caused by the nature of
the employment, or after an unbroken rest period of eight hours in con-
nection with shift changes, occurring not oftener than once in any * period
of seven consecutive days, nor shall this section prohibit an employee in a
manufacturing establishment from working seven consecutive days with
the employee limited to eight hours of work on each of such * consecutive
days with such seven consecutive day period occurring not oftener than
once in fourteen consecutive days, in connection with a rotating shift
schedule used in a manufacturing establishment which operates twenty-
four hours each day continuously.

A lapse of twenty-four hours or more on an unbroken rest period shall
constitute the end of a work period; the resumption of work at the end
of such period shall constitute the beginning of another seven consecutive
day period or part thereof.

§ 40-35. Nothing in the preceding section shall be construed to apply
to females whose full time is devoted to employment or employed:

(1) as bookkeepers, stenographers, cashiers or office assistants,
buyers, managers or assistant managers and office executives,

(2) in factories engaged exclusively in canning, processing or pack-
ing fruits or vegetables during the fruit * or vegetable seasons,

(3) in the handling or redrying of leaf tobacco during the tobacco
market seasons, or in shelling or cleaning of peanuts or in shucking and
packing oysters and clams, and picking and packing crab meat, or in the
dressing or processing of poultry or meat, provided such females are not
employed more than ten hours in any one * period of twenty-four con-
secutive hours, * or not more than ninety days in any one calendar year,
and not more than sixty hours in any seven consecutive day period,

(4) in mercantile establishments, exclusive of their restaurant opera-
tions or department, * in towns of less than two thousand * or in counties
having a population of less than fifty-thousand inhabitants,

(5) in any hospital, whenever an emergency situation exists, whereby
strict compliance with this article might reasonably be calculated to
jeopardize the lives or health of persons relying upon such hospital for
care or treatment,

(6) as qualified, registered technicians or as the practitioner of a
profession regulated by the State,

(7) inany manufacturing establishments or public utilities where the
Commissioner finds that the limitations of § 40-84 would unnecessarily
hinder or restrict multiple shift operations and where the actual hours and
period of work do not constitute a hazard to the health and welfare of
the employees,

(8) * in florist shops and greenhouses * for as many as, but not in
excess of, ten hours in * any twenty-four consecutive hour period for *
three days preceding and on February fourteenth, December twenty-fifth,
Easter Sunday and Mothers’ Day, * or

(9) in * developing * or printing of amateur photographic film *
for as many as, but not in excess of, ten hours in * any twenty-four con-
secutive hour period, for three working days following December twenty-
fifth, January one, Easter Sunday, July fourth and Labor Day,

(10) in hotel dining rooms and other food service establishments,
whose principal business is preparing and serving food for on-premises
consumption, the Commissioner may grant in advance or approve there-
after exemptions in specific cases when he finds that an emergency has
occurred or does exist which, in order to serve the public, due to the
presence of an unusually large or unexpected number of patrons, requires
employees to exceed the number of hours fixed for employment for any
one day or for any one week. A record shall be kept by the employer
whenever he operates under any such exemption, which records shall
show the beginning and ending times and date of such operation, the basic
hourly or weekly wage of such employees and the additional compensation
paid, or to be paid, for such additional hours; and such employer request-
ing the exemption shall send a copy thereof at the end of the work week
to the Commissioner.

§ 40-36. Every employer employing females to whom § 40-34 * shall
apply shall post in a place accessible to his employees a printed or type-
written copy of * §§ 40-34 through 40-87 and shall keep a time book
or time cards or other appropriate records showing the names and ad-
jresses of his female employees to whom § 40-384 is applicable, * and the
late when each such female employee began her employment. Such rec-
yrds shall show the beginning and ending times of work each day together
with the amount of time designated for a free from duty rest or meal
period, which period is deductible from the daily schedule of hours of
work. The record for the preceding thirty-six months for each employee
shall be kept on the premises for a period of twelve months from the date
of the latest work period recorded for the female employee involved.

The Commissioner shall furnish copies of §§ 40-84 through 40-87 on
request of an employer.

§ 40-37. Any person having authority to contract for the employment
yf persons to work * for any business establishment who shall engage or
contract with any female, or suffer or permit any female to work in any *
such establishment in violation of § 40-34, or who shall violate § 40-35 or
$ 40-36, shall be guilty of a misdemeanor; upon conviction he may be fined
not less than * twenty-five nor more than * fifty dollars * for the first
offense and not less than * fifty dollars nor more than * one hundred
dollars upon * the second or subsequent * offense.

§ 40-44. * Every business establishment * shall * provide adequate
and suitable toilet facilities for the use of employees which shall be main-
tained in a clean and sanitary condition. Where four or more persons
including both males and females are employed, there shall be separate
facilities with separate entrances for each sex, plainly designated, and
no person shall be allowed to use * the facilities provided for persons of the

other Sex. Where such separate facilities are adjoining, there shall be a
solid partition extending from floor to ceiling.
In buildings * occunied by two or more business establishments. the
provisions of this section shall * be deemed complied with if separate toilet
* facilities are conveniently located in the buildings wherein the * business
establishments are located.

§ 40-44.1. If it shall appear to the Commissioner that the sanitary
facilities tw any business establishment constitute or create a problem of
health, he shall so notify the State Health Commissioner.

§ 40-54.1. The Commissioner shall notify the State Fire Marshal of
any violation of the Virginia Fire Hazards Law or of rules and regulations
adopted thereunder coming to his attention.

§ 40-55. * All danyevous or unsafe machinery, appliances, equipment
and portions of any business establishment shall be protected by adequate
safety devices and the use of any machinery, appliances, equipment and
portions of a business establishment in a dangerous or unsafe condition
or not so protected is prohibited.

§ 40-58. * Work rooms, halis and stairs * in any business establish-
ment shall be adequately and suitably lighted. The Safety Codes Com-
mission, in adoption of rules and regulations authorized by this Chapter,
shall specifically require the provision of such illumination as will insure
compliance with this section and the standards shall be based on those of
recognized authorities in such field.

§ 40-61. * Every business establishment shall have reasonably ade-
quate and suitable ventilation so as to remove and disperse, insofar as
reasonably practical, excessive heat, steam gases, vapors, fumes, dust or
other impurities where the required exposure of employees would be sub-
stantially injurious to their health or safety. The Safey Codes Commission,
in the adoption of rules and regulations authorized by this Chapter, shall
specifically require the provision of such ventilation as will insure com-
pliance with this section; 1t may base such rules and regulations upon the
standards promulgated by recognized authorities in such field. In the
determination of what is reasonable under this section, the nature of the
employment or of the processes employed shall be controlling.

§ 40-61.1. When, in the operation of machinery in any business estab-
lishment, dust or refuse results therefrom whether from the machinery,
the process, or the materials employed therein, and which constitutes a
substantial danger to the operators or other employees working near such
machinery, then such machinery shall be equipped with such devices as
will reasonably prevent or remove such dust or refuse.

§ 40-61.2. In construction, maintenance, excavation and demolition
work, adequate and suitable shoring and other safeguards shall be used
whenever such work has progressed to the degree that danger to the
employees may exist. The Safety Codes Commission, in the adoption of
yules and regulations under this Title, shall adopt such reasonable rules
and regulations as are designed to protect the safety of the employees
engaged therein. Such rules and regulations may be based upon the
recommendations of recognized bodies in the fields of construction, exca-
vation and demolition, and generally recognized bodies in the field of
safety which have promulgated standards for the protection of employees
an such cases.

§ 40-61.3. (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 1s given to a person other than the
owner then a copy thereof shall be sent to the owner by certified 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 correction. The
notice may be delivered in person or mailed by registered or certified mail
or it may be served in accordance with Chapter 4 of Title 8.

(2) If the business establishment charged with the violation object:
to the findings or recommendations of the Commissioner set forth in the
notice, it may file an appeal from such findings or recommendations withir
thirty days from the date the notice of the Commissioner is delivered to
mailed, or served upon it. Upon the filing of an appeal the Commissiones
shall forthwith refer it to the Safety Codes Commission, which shall with
reasonable promptness pass upon the merits of such an appeal.

(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 hereunde
untu the violation has been corrected or a final determination favorable
to the employer has been made by the Safety Codes Commission.

(4) Any person guilty of a violation of the sections listed in paragraph
(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
lay of violation shall constitute a separate offense; provided that no such
ine 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 Com-
mission from the findings or recommendations of the Commissioner.
Prosecutions under this section shall be in the county or municipal court
yf the county or city in which the violation occurred.

(5) Notwithstanding any other provision of this section, whenever
he Commissioner determines that there is immediate danger of loss of life
o any employee as a result of any such violation, he may order imme-
late compliance or prohibit the use of the machinery or business estab-
ishment. Such order may be appealed to the circuit or corporation court
f the county or city wherein the alleged violation exists but there shall be
0 stay of the Commuissioner’s order, unless such court, for good cause
hown, tissue a preliminary restraining order against the enforcement
f the Commissioner’s order pending final disposition of appeal from the
jommissioner’s order. Any person who violates any such order of the
jommissioner prior to entry of a restraining order granted by the court
hall be guilty of a misdemeanor, punishable as set forth in subparagraph
4) supra, and the violation shall be subject to being enjoined as a
UtsSance.

. That §§ 40-17, 40-23, 40-25 through 40-29, 40-38, 40-45 through
0-54, 40-59 and 40-60 and all amendments thereof, of the Code of
‘irginia, are repealed.