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VIRGINIA STATUTES AND CODES

40.1-49.3 - Definitions.

§ 40.1-49.3. Definitions.

For the purposes of §§ 40.1-49.4, 40.1-49.5, 40.1-49.6, 40.1-49.7, and40.1-51.1 through 40.1-51.3 the following terms shall have the followingmeanings:

"Commission" means the Virginia Workers' Compensation Commission.

"Commissioner" means the Commissioner of Labor and Industry. Except wherethe context clearly indicates the contrary, any reference to Commissionershall include his authorized representatives.

"Employee" means an employee of an employer who is employed in a businessof his employer.

"Employer" means any person or entity engaged in business who hasemployees, but does not include the United States.

"Occupational safety and health standard" means a standard which requiresconditions, or the adoption or use of one or more practices, means, methods,operations, or processes, reasonably necessary or appropriate to provide safeor healthful employment and places of employment.

"Serious violation" means a violation deemed to exist in a place ofemployment if there is a substantial probability that death or seriousphysical harm could result from a condition which exists, or from one or morepractices, means, methods, operations, or processes which have been adoptedor are in use, in such place of employment unless the employer did not, andcould not with the exercise of reasonable diligence, know of the presence ofthe violation.

"Person" means one or more individuals, partnerships, associations,corporations, business trusts, legal representatives, or any organized groupof persons.

"Circuit court" means the circuit court of the city or county wherein theviolation of this title or any standard, rule or regulation issued pursuantthereto is alleged to have occurred. Venue shall be determined in accordancewith the provisions of §§ 8.01-257 through 8.01-267.

(1979, c. 354; 1992, c. 777.)

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