West Virginia Inspections laws & safety compliance analysis

West Virginia Inspections : What you need to know

Comparison: State vs. Federal

West Virginia state agencies are permitted, and in some cases required, to conduct inspections under state hazardous materials transportation regulations.

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West Virginia is not a “state plan” state; that is, it does not have a federally approved occupational safety and health regulatory program. Federal rules govern workplace safety and health, including inspections, in the private sector (private businesses, commercial establishments, and nonprofit organizations). Most state government workplaces and operations, except the Department of Corrections, the West Virginia Department of Health and Human Resources (DHHR), and the legislature, are subject to the state safety and health inspection requirements, which mirror federal inspection rules. There is no workplace safety coverage of county or municipal employers.

See the TABLE for state agency inspection requirements for hazardous materials transportation.

See the national section INSPECTIONS for the federal inspection requirements.

The Public Service Commission of West Virginia (PSC) enforces the rules for permitting motor carriers.

The West Virginia Department of Commerce’s Division of Labor administers and enforces state government workplace health and safety requirements.

State Requirements
TABLE: AGENCY INSPECTIONS—HAZARDOUS MATERIALS TRANSPORTATION
Item Frequency
Hazardous materials—Motor carriersWest Virginia Regulations 150-9-3.24 The PSC may enter to inspect and examine any and all lands, buildings, and equipment of motor carriers and private commercial carriers and to inspect and copy any and all accounts, books, records, memoranda, correspondence, and other documents of such carriers.

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