West Virginia Right to Know/ Hazard Communication laws & HR compliance analysis

West Virginia Right to Know/ Hazard Communication: What you need to know

Hazard communication standards, or “worker right-to-know” laws, regulate how information about workplace chemical hazards is communicated to employees. As with most workplace health and safety standards, worker right-to-know laws have developed in large part according to standards adopted under the federal Occupational Safety and Health Act (OSH Act). Because West Virginia does not have its own approved occupational safety and health plan, the OSH Act and its right-to-know standards are the governing law of the state in all private employment. There is additional information and a discussion of the federal regulations.
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West Virginia does have a hazard communication standard for public sector employers (state governmental offices and operations) (WV Code Sec. 21-3-18). They are not covered by the federal program. The West Virginia standard is similar to its federal counterpart with some requirements that are stricter than the federal standard. It requires employers of 10 or more employees using or producing any listed hazardous chemical substances or materials to conspicuously post a warning notice in the work area in which any such substance or material is used. The warning sign must describe the common health effects of exposure to the chemical(s). The standard also includes reporting requirements for any incident of exposure.

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