40.1-51.26 - Commissioner of Labor and Industry to enforce laws. - Virginia Statutes

§ 40.1-51.26. Commissioner of Labor and Industry to enforce laws.

The Commissioner of Labor and Industry shall have the authority to:

1. Supervise, administer, and enforce the provisions of this chapter andregulations of the Board;

2. Receive complaints as to asbestos NESHAP violations;

3. Hold or cause to be held hearings and enter orders diminishing or abatingthe causes of air pollution and orders to enforce regulations pursuant to §40.1-51.28;

4. Institute legal proceedings, including suits for injunctions for theenforcement of his orders, regulations of the Board, and for the enforcementof penalties;

5. Investigate any violations of this chapter and regulations;

6. Require that asbestos NESHAP records and reports be made available uponrequest, and require owners to develop, maintain, and make available suchother records and information as are deemed necessary for the properenforcement of this chapter and regulation; and

7. Upon presenting appropriate credentials to the owner, operator, or agentin charge:

a. Enter without delay and at reasonable times any business establishment,construction site, or other area, workplace, or environment in thisCommonwealth, subject to federal security requirements; and

b. Inspect and investigate during regular working hours and at otherreasonable times, and within reasonable limits and in a reasonable manner,without prior notice, unless such notice is authorized by the Commissioner orhis representative, any such business establishment or place of employmentand all pertinent conditions, structures, machines, apparatus, devices,equipment, and materials therein, and question privately any such employer,officer, owner, operator, agent, or employee. If such entry or inspection isrefused, prohibited, or otherwise interfered with, the Commissioner shallhave the power to seek an order compelling such entry or inspection, pursuantto § 40.1-49.9.

(1992, c. 541.)