This is the first class in the Occupational Safety/Health Discrimination Series. Positions in this class function as investigators within the Department of Labor and Industry to ensure that complaints submitted by both public and private sector emp1oyees alleging occupational safety discrimination in the work place under applicable sections of the Code of Virginia are properly screened, investigated, conciliated or litigated pursuant to Code section. This class is distinguished from the Occupational Safety/Health Discrimination Investigator Supervisor class by the latter class’s responsibility for program supervision and training.

Complexity of Work: Performs work of moderate difficulty which involves conducting investigations, on a statewide basis, of complaints received from employees of businesses in the public and private sectors who allege occupational safety/health discrimination in the work place under the provisions of applicable sections of the Code of Virginia. Interviews complainants and witnesses; takes statements concerning allegations; follows through on interviews; and takes affidavits as needed. Confers with officials or their representatives to ascertain respondent’s position concerning allegations. May obtain information from files in Virginia Occupational Safety and Health field offices; may review records such as payroll records, personnel records, collective bargaining agreements, grievances, union meeting minutes, correspondence and other pertinent materials. Utilizes knowledge of legal elements such as rules of evidence, exception of hearsay rule, courtroom procedures and the judicial process, in order to form legal cases. Prepares comprehensive reports, draft settlement agreements, notices to employee, and other correspondence. May advise complainant why complaint does not have merit and explain options of withdrawal. Negotiates with respondents to obtain settlement agreements. Testifies on behalf of the Commonwealth in circuit courts as required. Coordinates investigations with other agencies as indicated. Provides information and assistance to representatives of labor, management, attorneys, employees and the public regarding matters of applicable sections of the Code of Virginia.

Supervision Given: Supervision is typically not a factor.

Supervision Received: Receives direction from an Occupational Safety/Health Discrimination Investigator Supervisor. Positions plan and carry out assignments and have considerable authority for independently settling discrimination cases with minimal supervision.

Scope: The work performed by this class affects the design and operation of programs that will have a bearing on investigations and the physical and economic well befog of employers in the Commonwealth.

Impact of Action: Erroneous decisions by the incumbent could seriously impact the public’s image of the agency and result in significant costs in time, money, services and goodwill. Effective job performance ensures thorough investigation of safety discrimination allegations.

Personal Contacts: Frequent external contacts are maintained with the general public, federal and state agencies, the Attorney General’s Office, public and private employers and Commonwealth’s Attorneys to respond to complaints, discuss complex legal issues, and to request and assist in negotiations and litigation proceedings.

Knowledge: Considerable knowledge of federal, state and local policies, laws, statutes, and codes as they pertain to occupational safety and health in the work place. Considerable knowledge of the practices and procedures utilized in the enforcement of occupational safety and health policies and programs.

Skills: None identified for this class.

Abilities: Demonstrated ability to investigate complaints, prepare reports, and make determinations on case merits; to provide advice and assistance; to analyze and generate data and statistical reports; to prepare and present legal cases; and to communicate effectively both orally and in writing.

QUALIFICATIONS GUIDE*

Licenses or Certification: None.

Education or Training: Graduation from an accredited college or university with course work in environmental/occupational safety, civil or industrial engineering or a related field.

Level and Type of Experience: Experience related to environmental/ occupational safety, engineering, and/or Occupational Health and Safety Law.

An equivalent combination of training and experience indicating possession of the proceeding knowledge and abilities may substitute for this education and experience.

This class was revised in February 1989 as a result of the Statewide Classification Review and Specification Update Program.

Last updated: 2/1/89