VOSH state plan — coverage of private and public sector employers
Virginia operates an OSHA-approved state plan, the Virginia Occupational Safety and Health (VOSH) Program, administered by the Virginia Department of Labor and Industry under Title 40.1 of the Code of Virginia. VOSH covers all private sector employers and all state and local government employers in Virginia, including state and local government maritime workers. Federal OSHA retains jurisdiction over federal employees, the U.S. Postal Service, private sector maritime employment (shipyard employment, marine terminals, and longshoring), employment at federal military facilities and other federal enclaves where civil jurisdiction has been ceded to the federal government, and employment at the U.S. Department of Energy's Southeastern Power Administration Kerr–Philpott System.
Fatality and serious injury reporting deadlines
Virginia employers must report specific categories of workplace incidents to the Virginia Department of Labor and Industry (DOLI) within tight statutory deadlines under Va. Code § 40.1-51.1.D. These reporting obligations apply to all employers operating in Virginia, regardless of size, and cover both private sector and state and local government employers within VOSH jurisdiction.
Fatality reporting — 8-hour deadline
Every employer must report any work-related incident resulting in a fatality within eight hours to DOLI. The eight-hour clock begins when the employer learns of the fatality, not when it occurs. If an employer does not learn of a fatality at the time it occurs, the employer must report within eight hours of the time the incident is made known to any agent or employee of the employer. If an employee dies as a result of a workplace incident after the initial event, the employer must report the death to DOLI within eight hours of learning of the death. Work-related heart attacks and other medical events that result in death are included in this reporting requirement.
Serious injury reporting — 24-hour deadline
Employers must report any work-related incident within 24 hours if it results in:
- The inpatient hospitalization of one or more persons;
- An amputation; or
- The loss of an eye.
The 24-hour clock also runs from the time the employer becomes aware of the qualifying event, not the time of the incident itself.
How to report
Employers may submit reports via DOLI's Serious Event Reporting Online Form, available on the DOLI website. Alternatively, employers may report by telephone or in person to the nearest VOSH regional office, or through the federal OSHA toll-free central telephone number, 1-800-321-6742. Reports should include the business name, names of affected employees, location and time of the incident, a brief description, and contact person with phone number.
Alignment with federal OSHA
Virginia's current reporting requirements mirror the federal OSHA standards adopted in 2015 under 29 C.F.R. § 1904.39. The Virginia General Assembly amended § 40.1-51.1.D in 2016 to correct an earlier drafting error and bring Virginia into full conformity with the federal timeframes — eight hours for fatalities and 24 hours for the three categories of serious injuries. This alignment allows employers operating in multiple states to apply a consistent reporting protocol.
Source: Va. Code § 40.1-51.1.D; DOLI — VOSH Serious Event Reporting