§21-3A-1. Short Title
This article shall be known and cited as the "West Virginia Occupational Safety and Health Act."
§21-3A-11. Notice to Employer of Contest Period; Action by Commissioner; Action by Review Commission
(a) If, after inspection or investigation, the commissioner issues a citation pursuant to section nine, he shall, within a reasonable time after the termination of the inspection or investigation, notify the employer or employee by certified mail. The notification shall inform the employer or employee that he has fifteen working days from the receipt of […]
§21-3A-12. Appeal From Review Commission
Any employer or employee, or the commissioner, adversely affected or aggrieved by an order of the review commission, after all administrative remedies provided by this article have been exhausted, is entitled to judicial review pursuant to section four, article five, chapter twenty-nine-a of this code.
§21-3A-13. Discrimination Against Employee Filing Complaint
(a) No employer may discharge or in any manner discriminate against any employee because the employee has filed any complaint, instituted or caused to be instituted or participated in any proceedings under or related to this article, has testified or is about to testify in any such proceedings or has exercised on behalf of himself […]
§21-3A-14. Enjoining of Conditions or Practices at Places of Employment; Mandamus Against Commissioner for Failure to Act
(a) The circuit court of Kanawha County or the circuit court in the county wherein the workplace is located has jurisdiction, upon petition by the commissioner, to restrain or enjoin any conditions or practices in any workplace which are such that a danger exists which could reasonably be expected to cause death or serious physical […]
§21-3A-15. Research and Demonstration Projects
The commissioner shall conduct research and undertake demonstration projects relating to occupational safety and health issues and problems, either within the labor department or by grants or contracts. The commissioner may prescribe rules requiring employers to measure, record and make reports on exposure of employees to toxic substances which he believes may endanger the health […]
§21-3A-16. Education Program
(a) The commissioner shall conduct directly or by grants or contracts education programs to provide an adequate supply of qualified personnel to carry out the purposes of this article and information programs on the importance and proper use of adequate safety and health equipment. (b) The commissioner is authorized to conduct directly or by grants […]
§21-3A-17. Reports to United States Secretary of Labor
In regard to the administration and enforcement of this article, the commissioner shall make reports to the secretary of labor of the United States in such form and containing such information as the secretary shall from time to time require.
§21-3A-19. Optional Coverage by Subdivisions
The governing body of any county or municipality or any department, division, bureau, board, council, agency or authority of any county or municipality or of any school district or special purposes district created pursuant to law may, by ordinance, resolution or other procedure, explicitly elect that some or all of its workplaces or employees shall […]
§21-3A-1a. Legislative Policy
The Legislature finds that the safety and health of public employees in the workplace is of primary public concern. Personal injuries and illnesses arising out of work situations result not only in wage loss and increased medical expenses for public employees, but also in decreased productivity and increased workers' compensation expenses for public employers. The […]
§21-3A-2. Definitions
As used in this chapter, unless the context clearly indicates otherwise: (a) "Commission" means the occupational safety and health review commission established under this article; (b) "Commissioner" means the labor commissioner or his designated agent; (c) "Employee" means any public employee of the state, or any state agency; (d) "Employer" means public employer and shall […]
§21-3A-3. Division of Occupational Safety and Health; Coordination of Activities With Workers' Compensation Commission
(a) There is continued in the labor department a division of occupational safety and health comprised of a subdivision for safety, a subdivision for health and the other subdivisions the commissioner considers necessary. This division shall administer all matters pertaining to occupational safety and occupational health. (b) The labor commissioner may require the assistance of […]
§21-3A-4. Application of Article
(a) This article applies to all public employers, public employees and public workplaces within the State of West Virginia. (b) Nothing in this article may be construed to supersede or in any manner affect any workers' compensation law or to diminish in any manner common law or statutory rights, duties or liabilities of employers or […]
§21-3A-5. Duties of Employer and Employee
(a) Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards causing or likely to cause death or serious physical harm or serious illness to his employees. (b) Each employer shall, upon the written request of any employee, furnish the employee with a written […]
§21-3A-6. Rules
In the rules adopted under the authority of this article, the commissioner shall: (a) Provide for the preparation, adoption, amendment or repeal of rules necessary to effectuate the health and safety purposes of this article; (b) Provide educational programs to encourage employers and employees in their efforts to reduce the number of safety and health […]
§21-3A-7. Adoption of Federal and State Standards; Variances
(a) The commissioner, on or before July 1, 1987, shall provide at the minimum, for the adoption of all occupational safety and health standards, amendments or changes adopted or recognized by the United States secretary of labor under the authority of the Occupational Safety and Health Act of 1970, which are in effect on the […]
§21-3A-8. Inspections and Investigations; Records
(a) In order to carry out the purposes of this article, the commissioner or his agent, upon presenting appropriate credentials to the employer, is authorized: (1) To enter without advance notice, except as provided in subsection (d) of section six, and at reasonable times may enter any workplace or environment where work is performed by […]
§21-3A-9. Citation for Violation
(a) If, upon inspection or investigation, the commissioner or his authorized representative believes that an employer or employee has violated any safety and health standards or variance or the commissioner finds a condition which poses a recognized hazard likely to cause death or serious physical harm or illness, the commissioner shall, with reasonable promptness, issue […]