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
Penalties for failing to report workplace fatalities and serious injuries — Va. Code § 40.1-51.1.D
Virginia imposes a specific civil penalty for employers who fail to report a workplace fatality, inpatient hospitalization, amputation, or loss of an eye to the Department of Labor and Industry (DOLI) within the statutory deadlines established in Va. Code § 40.1-51.1.D.
Civil penalty
If an employer does not report a qualifying incident within the required timeframe (eight hours for fatalities; 24 hours for other covered injuries, as stated in Va. Code § 40.1-51.1.D), DOLI may assess a civil penalty of $5,000 per incident. This penalty is not discretionary: under Va. Code § 40.1-51.3:1.A(3), "[a]ny employer failing to notify the Department as required ... shall be subject to a civil penalty of not less than $5,000 for each such failure." There is no statutory maximum, so multiple failures (for example, failing to report more than one qualifying incident) can result in multiple $5,000 penalties.
Tolling of citation period
Under 16 VAC 25-60-260, the six-month limitation period for VOSH to issue a citation for a reporting violation does not begin to run until the agency receives actual notice of the incident. This prevents employers from evading penalty through late discovery or delayed reporting.
No criminal penalty
As of June 2026, Virginia law does not provide for criminal penalties for non-reporting; all penalties are civil in nature. DOLI’s guidance and both statute and regulation are silent as to criminal consequence for failure to report.
Source: Va. Code § 40.1-51.3:1; 16 VAC 25-60-260
Exceptions to VOSH fatality and serious injury reporting — motor vehicle and public transportation incidents
Virginia employers must report all work-related fatalities to the Virginia Department of Labor and Industry (DOLI) within 8 hours and in-patient hospitalizations, amputations, or loss of an eye within 24 hours, as set out in Va. Code § 40.1-51.1.D. However, not every serious injury or fatality is a reportable event. Virginia operates an OSHA-approved state plan (VOSH), and its serious event reporting framework aligns with federal OSHA’s rules—including critical exceptions for certain vehicle and transit incidents.
Federal OSHA carve-outs Virginia has adopted
Per 29 C.F.R. § 1904.39(b)(3)-(4), employers are not required to report:
- Accidents resulting from a motor vehicle accident on a public street or highway, unless the incident takes place at or in a construction work zone
- Incidents that occur on a commercial or public transportation system (such as an airplane, subway, bus, ferry, streetcar, light rail, or train)
These carve-outs are intended to exclude incidents that, while tragic, are not subject to the employer’s direct control and are handled by other safety authorities. However, note the exception to the exception: injuries from vehicle accidents in construction work zones must still be reported.
No additional Virginia carve-outs
As of June 16, 2026, there is no published VOSH regulation or agency guidance listing exceptions to the federal carve-outs. In public agency materials and current VOSH FAQs, Virginia tracks the federal OSHA language for reporting thresholds and exceptions. If an incident falls outside these exceptions (i.e., a work-related death or serious bodily injury not involving the above vehicle/public transport carve-outs), it remains reportable to DOLI subject to Virginia’s deadlines.
Summary: Virginia follows the federal OSHA reporting exceptions for motor vehicle and public transportation events. There is no state-specific exception or broader carve-out on this topic.
Source: Va. Code § 40.1-51.1.D; 29 C.F.R. § 1904.39(b); VOSH Serious Event Reporting (DOLI)
Injury and illness recordkeeping — OSHA 300 log, covered employers, and retention (VOSH)
Virginia’s Occupational Safety and Health (VOSH) Program adopts, by reference, the federal OSHA recordkeeping requirements at 29 C.F.R. Part 1904. This means Virginia employers must comply with the same rules for injury and illness recordkeeping as under federal OSHA, unless a specific VOSH standard states otherwise (as of June 2026, none does).
Which employers must record? Most private employers in Virginia with more than 10 employees at any time during the last calendar year must keep injury and illness records as set out in 29 C.F.R. § 1904. Certain industries classified as "low hazard" are partially exempt and do not have to keep these records unless requested in writing by VOSH, OSHA, or the Bureau of Labor Statistics. The exempt industry list appears in Appendix A to Subpart B of Part 1904. State and local government agencies (including public schools) are covered under VOSH and must also comply.
What must be recorded? Employers must record every work-related death, injury, or illness that involves loss of consciousness, days away from work, restricted work or job transfer, or medical treatment beyond first aid. The required forms are:
- Form 300 (Log of Work-Related Injuries and Illnesses)
- Form 301 (Injury and Illness Incident Report)
- Form 300A (Summary)
Employers must complete the initial Form 301 within 7 calendar days of learning of a recordable case. The annual summary (300A) must be posted each year from February 1 to April 30, even if no injuries occurred.
Retention and access Employers must retain OSHA logs and related records for at least five years following the end of the calendar year that the records cover. During this period, they must update the 300 log to include newly discovered recordable injuries and changes in outcomes. Records must be made available to VOSH/DOLI inspectors and, upon request, to employees, former employees, or their representatives.
Governing authority VOSH formally adopts 29 C.F.R. Part 1904 under 16VAC25-85-1904. Virginia does not impose additional recordkeeping burdens or lower thresholds; the core requirements and exemptions track federal OSHA exactly.
Source: 16VAC25-85-1904 (Virginia OSHA identical adoption); 29 C.F.R. Part 1904
State and local government employers — VOSH monetary penalties
VOSH (Virginia Occupational Safety and Health) retains explicit statutory authority to impose civil monetary penalties on state and local government employers. This authority, effective for inspections opened on or after December 1, 2018, stems from statutory and regulatory amendments made in 2017 (Va. Code § 40.1-49.4).
Current penalty maximums (as of July 2024)
Recent inflation adjustments have materially increased VOSH maximum penalties since prior guidance. As of July 2024, VOSH may impose the following penalty levels per violation:
- Up to $16,287 for each serious or other-than-serious violation;
- Up to $162,849 for each willful or repeat violation, with a statutory minimum of $10,000 for willful violations;
- Up to $16,287 per day for failure-to-abate beyond the abatement date specified in the citation.
These amounts are subject to annual cost-of-living adjustments driven by the percentage change in the Federal Consumer Price Index for All Urban Consumers (CPI-U), bringing Virginia into alignment with federal OSHA enforcement practice. Practitioners should not rely solely on older fact sheets or publications—always verify through the latest DOLI Field Operations Manual, formal rulemakings, or DOLI’s current website for updated penalty levels.
Penalty process and scope
Penalty calculations must account for the gravity of the violation, size of the employer, good faith, and history, as mandated by Va. Code § 40.1-49.4(A)(3). All state agencies, counties, cities, towns, and school districts are within VOSH penalty jurisdiction. Employers subject to penalty have full rights to an informal conference, contest, and administrative appeal as outlined in statute and regulation. The penalty authority and update process apply to all qualifying VOSH inspections opened after December 1, 2018.
What changed:
The maximum penalty levels were increased via CPI-U inflation adjustment for 2024, reflected in current DOLI administrative guidance and web publications. This revises prior maximums shown in the 2023 DOLI fact sheet and supersedes earlier published amounts.
Source: Va. Code § 40.1-49.4; DOLI State and Local Government Penalties Fact Sheet 2023; DOLI VOSH Penalties Overview (accessed July 2024)