CHAPTER 70

An Act to amend and reenact § 65-43.1 of the Code of Virginia, which
was enacted as § 65-43 by Chapter 457 of the Acts of Assembly of
1958, approved March 29, 1958, relating to a schedule of occupationa
diseases under the Workmen’s Compensation Act. CH 2281

Approved February 16, 1962

Be it enacted by the General Assembly of Virginia:

1. That § 65-43.1 of the Code of Virginia, which was enacted as § 65-43
by Chapter 457 of the Acts of Assembly of 1958, approved March 29,
1958, be amended and reenacted as follows:

§ 65-43.1. The following diseases and conditions shall be deemed to
be occupational diseases, and even they shall not be so considered unless
they are in fact occupational within the meaning of the term occupational
disease as defined in the preceding section:

(1) Anthrax;

(2) Tenosynovitis, bursitis, and epicondylitis;

(3) Cataract of the eyes due to exposure to the heat and glare of
molten glass or to radiant rays such as infra-red ;

(4) Compressed air illness;

(5) Conjunctivitis or retinitis due to exposure to radiant rays;

(6) Cellulitis;

(7) Dermatitis;

(8) Epitheliomatous cancer or ulceration of the skin or of the corneal
surface of the eye due to pitch, tar, soot, bitumen, anthracene, paraffin,
mineral oil or their compounds, products or residues;

(9) Glanders;

(10) Infection * or inflammation of the skin or eyes or other external
contact surfaces or oral or nasal cavities due to irritating oil, cutting com-
pounds, chemical dust, liquid fumes, gases or vapors;

(11) Infectious or contagious diseases contracted in the course of
employment in or in immediate connection with a hospital or sanitarium
or public health laboratory;

(12) Poisoning by: (i) Ammonia; (ii) Arsenic; (iii) Benzol or de-
rivatives of benzene; ‘(iv) Brass; (v) Cadmium; (vi) Carbon bisulphide
or any sulphide; (vii) Carbon dioxide; (viii) ‘Carbon monoxide; (ix)
Carbon tetrachloride or other toxic chlorinated hydrocarbons or toxic
halogenated hydrocarbons; (x) Chlorine; (xi) Cyanide; (xii) Dinitro-
phenol; (xiii) Formaldehyde and its preparations: (xiv) Hydrochloric
acid; (xv) Hydrofluoric acid; (xvi) Hydrogen sulphide; (xvii) Lead;
(xvill) Manganese; (xix) Mercury; (xx) Menthanol (wood alcohol) ;
(xxi) Methyl chloride; (xxii) Nickel carbonyl; (xxiii) Nitrous fumes;
(xxiv) Nitric acid; '(xxv) Petroleum or petroleum products; (xxvi) Phos-
phorus; (xxvii) Sulphur dioxide; (xxviii) Sulphuric acid; (xxix) Tetra-
chlormethane or any substance used as or in conjunction with a solvent
for acetate of cellulose or nitrocellulose; (xxx) Turpentine; (xxxi) Zinc;
or by contact with any other industrial chemical;

(13) Radium disability or disability due to exposure to radioactive
substances and X-Ray;

(14) Silicosis;

(15) Lung diseases due to the occupational exposure to asbestos, and
other fibrous silicates; to nonfibrous silicates, including mica, Fullers
Earth, kaolin; to inorganic dusts of calcium, iron, tin, barium, aluminum,
beryllium, and silicon dioxide; to dusts of animal origin; and to dusts of
cotton, hay, grain, bagasse, paprica, tobacco, wood, and gum acacia;

(16) Ulceration due to chrome compound or to caustic chemical acids
or alkalies and undulant fever caused by the industrial slaughtering and
processing of livestock and the handling of hides.
An Act to amend and reenact §§ 60-14, as amended, 60-18 and 60-21.1 of
the Code of Virginia, the amended sections relating to the definitions
of “employment”, “state” and “American vessel” for purposes of the
Virginia Unemployment Compensation Act.

[fH 225]

Approved February 16, 1962

Be it enacted by the General Assembly of Virginia:

1. That §§ 60-14, as amended, 60-18 and 60-21.1 of the Code of Virginia
be amended and reenacted as follows:

§ 60-14. (1) “Employment” means any service performed prior to
January first, nineteen hundred * sixty-twvo, which was employment as
defined in this section prior to such date, and, subject to the other pro-
visions of this section, service performed after December thirty-first, nine-
teen hundred * sixty-one, including service in interstate commerce, per-
formed for remuneration or under any contract of hire, written or oral,
express or implied; and any service, of whatever nature, performed after
December thirty-first, nineteen hundred * sixty-one, by any individual for
any employing unit, for remuneration or under any contract of hire, writ-
ten or oral, and irrespective of citizenship or residence of either,

(a) Within the United States, or

(b) On or in connection with an American vessel or American atr-
craft under a contract of service which is entered into within the United
States or during the performance of which and while the individual 1s
employed on the vessel or aircraft it touches at a port in the United States,
if such individual performs such services on or in connection with such
vessel or aircraft when outside the United States, provided that the oper-
ating office, from which the operations of the vessel or aircraft are ordi-
narily and regularly supervised, managed, directed and/or controlled, is
within the Commonwealth.

(2) The term “employment” shall include an individual’s entire serv-
ice, performed within or both within and without this State if:

(a) The service is localized in this State; or

(b) The service is not localized in any state but some of the service
is performed in this State and (i) the base of operations, or, if there is
no base of operations, then the place from which such service is directed
or controlled, is in this State; or (ii) the base of operations or place from
which such service is directed or controlled is not in any state in which
some part of the service is performed, but the individual’s residence is in
this State.

(3) Services performed within this State and not covered under
paragraph (2) of this section shall be deemed to be employment subject
to this title if contributions are not required and paid with respect to such
services under an unemployment compensation law of any other state or
of the federal government.

(a) Services not covered under paragraph (2) of this section,
and performed entirely without this State, with respect to no part of
which contributions are required and paid under an unemployment com-
pensation law of any other state or of the federal government, shall be
deemed to be employment subject to this title if the individual perform-
ing such services is a resident of this State and the Commission approves
the election of the employing unit for whom such services are performed
that the entire service of such individual shall be deemed to be employment
subject to this title.

(b) Services covered by an arrangement between the Commission
and the agency charged with the administration of any other state or
federal unemployment compensation law, pursuant to which all services
performed by an individual for an employing unit are deemed to be per-
formed entirely within this State shall be deemed to be employment if the
Commission has approved an election of the employing unit for whom
such services are performed, pursuant to which the entire service of such
individual during the period covered by such election is deemed to be
Insured work.

(c) The Commission is hereby authorized to enter into reciprocal
arrangements with appropriate and duly authorized agencies of other
states or the federal government, or both, whereby services performed
by an individual for a single employing unit for which services are cus-
tomarily performed in more than one state shall be deemed to be services
performed entirely within any one of the states (i) in which any part of
such individual’s service is performed or (ii) in which such individual
has his residence or (iii) in which the employing unit maintains a place
of business, provided there is in effect, as to such services, an election,
approved by the agency charged with the administration of such state’s
unemployment compensation law, pursuant to which all the services per-
formed by such individual for such employing unit are deemed to be per-
formed entirely within such state.

(d) To the extent permissible under the laws and Constitution of
this State and the United States the Commission is authorized to enter
into or cooperate in arrangements whereby facilities and services pro-
vided under this title and facilities and services provided under the unem-
ployment compensation law of any foreign government established on the
continent of North America, may be utilized for the taking of claims and
the payment of benefits under the Virginia Unemployment Compensation
Act or under a similar law of such foreign government.

(5) Service shall be deemed to be localized within a state if:

(a) The service is performed entirely within such state; or

(b) The service is performed both within and without such state, but
the service performed without such state is incidental to the individual’s
service within the state, for example is temporary or transitory in nature
or consists of isolated transactions.

Services performed outside the state in which the base of operations
is located shall be deemed to be incidental to the services performed
within such state.

(6) Services performed by an individual for remuneration shall be
deemed to be employment subject to this title unless:

(a) Such individual has been and will continue to be free from con-
trol or direction over the performance of such services, both under his
contract of service and in fact; and

(b) Such service is either outside the usual course of the business
for which such service is performed, or such service is performed outside
of all the places of business of the enterprise for which such service is per-
formed; or such individual, in the performance of such service, is engaged
in an independently established trade, occupation, profession or business.

The term “employment”, after December thirty-first, nineteen
hundred * sixty-one, shall not include:

(a) Service performed in the employ of a state, or of any political
subdivision thereof, or of any instrumentality of any one or more of the
foregoing which is wholly owned by one or more states or political sub-
divisions; and any service performed in the employ of any instrumentality
of one or more other states or their political subdivisions to the extent that
the instrumentality is, with respect to such service, immune under the
Constitution of the United States from the tax imposed by section 3301 of
the Federal Internal Revenue Code;
(b) Service performed in the employ of the United States government
or of any instrumentality of the United States which is wholly or partially
owned by the United States or which is exempt from the tax imposed by
section 3301 of the Federal Internal Revenue Code by virtue of any pro-
vision of law which specifically refers to such section (or the correspond-
ing section of prior law) in granting such exemption;

(c) Service with respect to which unemployment compensation 1s
payable under an unemployment compensation system established by an act
of Congress, including service performed after June thirtieth, nineteen
hundred thirty-nine, for an employer determined to be subject to the Rail-
road Unemployment Insurance Act by the agency or agencies empowered
to make such determination by an act of Congress, and service as an em-
ployer representative determined to be subject to such act by such agency
or agencies; provided, that the Commission is hereby authorized and di-
rected to enter into agreements with the proper agencies under such act
of Congress, which agreements shall become effective ten days after pub-
lication thereof in the manner provided in § 60-30 for general rules, to
provide reciprocal treatment to individuals who have, after acquiring po-
tential rights to benefits under this title acquired rights to unemployment
compensation under such act of Congress, or who have, after acquiring
potential rights to unemployment compensation under such act of Con-
gress, acquired rights to benefits under this title;

(d) Agricultural labor as defined in § 60-3;

(e) Domestic service in a private home, local college club or local
chapter of a college fraternity or sorority ;

(f) Service performed on or in connection with a vessel or aircraft
not an American vessel or American aircraft by an employee, if the em-
ployee is employed on and in connection with such vessel or aircraft when
outside the United States;

(f-1) Service performed by an individual in, or as an officer or mem-
ber of the crew of a vessel while it is engaged in the catching, taking, har-
vesting, cultivating or farming of any kind of fish, shellfish, crustacea,
sponges, seaweeds or other aquatic forms of animal and vegetable life, in-
cluding service performed by any such individual as an ordinary incident
to any such activity, except (i) service performed in connection with the
catching or taking of salmon or halibut, for commercial purposes, and (ii)
service performed on or in connection with a vessel of more than ten net
tons, determined in the manner provided for determining the register ton-
nage of merchant vessels under the laws of the United States.

‘ (g) Service performed by an individual in the employ of his son,
daughter, or spouse, and service performed by a child under the age of
twenty-one in the employ of his father or mother;

(h) Service performed in the employ of a corporation, community
chest, fund or foundation organized and operated exclusively for religious,
charitable, scientific, literary or educational purposes, or for the prevention
of cruelty to children or animals, no part of the net earnings of which
inures to the benefit of any private shareholder or individual, provided such
corporation, community chest, fund or foundation is described as an or-
ganization under section 501 (c) (3) and is exempt from income tax under
section 501 (a) of the Federal Internal Revenue Code;

(i) Service performed in any calendar quarter in the employ of any
organization exempt from income tax under section 501 (a) *, other than
an organization described in section 401 (a), of the Federal Internal Rev-
enue Code, or under section 521 of such Code, if * the remuneration for
such service * is less than fifty dollars *:

_ (j) Service performed in the employ of * a school, college, or univer-
sity, of such service is performed by a student who is regularly attending
classes at such school, college, or university;
* (k) Service performed as a student in the employ of a hospital
or a nurses’ training school by an individual who is enrolled and is regu-
larly attending classes in a nurses’ training school chartered or approved
pursuant to State law; and service performed as an interne in the employ
of a hospital by an individual who has completed a four years’ course in a
medical school chartered or approved pursuant to State law;

* (l) Service performed by an individual under the age of eighteen
in the delivery or distribution of newspapers or shopping news, not includ-
ing delivery or distribution to any point for subsequent delivery or dis-
tribution;

* (m) Service performed by an individual for an employing unit as
an insurance agent or as an insurance solicitor, if all such service per-
formed by such individual for such employing unit is performed for re-
muneration solely by way of commission;

* (n) Service performed by an individual for an employing unit as
a real estate salesman, if all such service performed by such individual for
such employing unit is performed for remuneration solely by way of com-
mission. This paragraph * shall also apply to such service performed since
January first, nineteen hundred thirty-seven.

* (0) Service covered by an arrangement between the Commission
and the agency charged with the administration of any other state or fed-
eral unemployment compensation law pursuant to which all services per-
formed by an individual for an employing unit during the period covered
by such employing unit’s duly approved election are deemed to be per-
formed entirely within such agency’s state or under such federal law.

* (p) Service performed by an individual for an employing unit as
an agent in the wholesale distribution and sale of gasoline and other
petroleum products, if all such service performed by such individual for
such employing unit is performed for remuneration solely by way of com
mission; .

* (q) Service not in the course of the employer’s trade or business
performed in any calendar quarter by an employee, unless the cash remu-
neration paid for such service is fifty dollars or more and such service is
performed by an individual who is regularly employed by such employer
to perform such service. For the purposes of this paragraph, an individual
shall be deemed to be regularly employed by an employer during a calen-
dar quarter only if (i) on each of some twenty-four days during such
quarter such individual performs for such employer for some portion of
the day service not in the course of the employer’s trade or business, or
(ii) such individual was regularly employed (as determined under clause
(i)) by such employer in the performance of such service during the pre-
ceding calendar quarter.

§ 60-18. “State” refers to the Commonwealth of Virginia, including
land or premises located therein, owned, held or possessed by the United
States, the states of the United States of America, * Puerto Rico and the
District of Columbia.

§ 60-21.1. The term “American vessel” means any vessel document-
ed or numbered under the laws of the United States, and includes any
vessel which is neither documented or numbered under the laws of the
United States nor documented under the laws of any foreign country, if
its crew is employed solely by one or more citizens or residents of the
United States or corporation organized under the laws of the United States
or of any state; and the term “American aircraft” means an aircraft reg-
astered under the laws of the United States.

2. An emergency exists and this act shall be in force from its passage.
An Act to provide for creation of a bird sanctuary within the corporate
limits of the town of Culpeper.
[H 236]

Approved February 16, 1962

Be it enacted by the General Assembly of Virginia:
1. § 1. The Town Council of Culpeper may create a bird sanctuary
within the town limits of Culpeper which sanctuary may be co-extensive
in area with the corporate limits of said town. The bird sanctuary may not
come into being until the town council adopts an appropriate resolution
and files a certified copy of same with the clerk of the circuit court.
2. An emergency exists and this act is in force from its passage.