West Virginia OSHA laws & HR compliance analysis

West Virginia OSHA: What you need to know

The federal Occupational Safety and Health Act (OSH Act) is “preemptive”; that is, it overrides state laws and regulations in the areas that it covers. West Virginia has not enacted a federally approved safety and health regulatory program; therefore, the federal OSH Act governs workplace health and safety requirements in the private sector. There is additional information and a detailed discussion of the federal standards.
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Although the private sector is regulated by the federal OSH Act, the West Virginia Safety and Health Act (WV Code Sec. 21-3A et seq.; WV Admin. Reg. Sec. 42-15et seq.), administered by the West Virginia Division of Labor, regulates public sector employers (state and municipal governments, schools, and commissions). West Virginia has adopted the federal standards by reference.
Employers that subscribe to the state Workers' Compensation Fund and with an experience modification factor equal to or greater than 1.5 may receive credit to their premium rate if the employer participates in a qualified loss management program. Any employer considered a high hazard workplace (experience modification factor exceeds certain criteria) may be required by the Workers' Compensation Commission to establish a safety committee. There is additional information.
OSHA, through the West Virginia Division of Labor, funds a service that provides free, confidential safety and health program assistance to private employers, especially those in smaller businesses (under 250 employees per facility and 500 worldwide). Public sector employers may apply for assistance on a contingency basis. The service helps ...

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