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 respiratory protection rules for public sector (state government operations) workplaces (WV Regulations (Reg.) 42-15-4 and WV Reg. 42-15-5). 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.
The U.S. Department of Labor/Occupational Safety and Health Administration (OSHA) administers and enforces federal workplace safety and health requirements in private sector workplaces. The West Virginia Division of Labor (DOL) administers the state workplace safety and health rules for state government workplaces.