Comparison: State vs. Federal
• Rules. West Virginia has incorporated by reference the National Emissions Standard for Hazardous Air Pollutants (NESHAP) for asbestos. The state also follows the federal Asbestos Hazard Emergency Response Act that requires schools to monitor asbestos-containing materials. West Virginia has adopted federal asbestos training requirements and additional licensing requirements, as well as specific asbestos disposal requirements.
West Virginia does not have a federally approved occupational safety and health regulatory program for the state; therefore, private sector workplaces must comply with federal occupational safety and health standards. The state has adopted by reference the federal workplace safety and health rules in public sector (state government operations) workplaces. Political subdivisions of the state (e.g., county and local government employers) may elect to be covered under the state workplace safety and health rules. The public sector rules do not apply to the Department of Corrections, Department of Health, or the Legislature.
• Administration and enforcement. The West Virginia Department of Environmental Protection (DEP) has authority to administer and enforce the NESHAP regulations and state asbestos rules. The West Virginia Department of Health and Human Resources (DHHR) is responsible for the administration and enforcement of the asbestos training and licensing rules in West Virginia. The federal Occupational Safety and Health Administration (OSHA) administers and enforces federal workplace safety and health requirements in private sector workplaces in the state. The West Virginia Division of Labor (DOL) administers the state workplace safety and health rules ...