Comparison: State vs. Federal
• Rules. West Virginia is not a "state plan" state; that is, it does not have a federally approved occupational safety and health program. Therefore, the federal OSH Act governs workplace safety and health in the private sector (private businesses, commercial establishments, and nonprofit organizations). For information on the federal requirements, see the national sections HAZARD COMMUNICATION STANDARD, MATERIAL SAFETY DATA SHEET, OSHA, and TRAINING.
The state has adopted the federal workplace safety and health standards by reference for state government workplaces.
• Administration and enforcement. OSHA's Region 3 office administers and enforces occupational safety and health in the private sector workplace. DOL inspects state government workplaces in response to fatalities and employee complaints.
OSHA CONSULTATION PROGRAM
OSHA, through the West Virginia Division of Labor, funds a service that provides free, confidential safety and health program assistance to private sector 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 employers identify workplace safety and health hazards, provides advice on how to reduce or eliminate those hazards, and assesses facility safety and health programs. Experienced and professional safety, industrial hygiene, and ergonomics consultants provide a confidential, comprehensive written report containing their findings and recommendations. No penalties are assessed or violations cited during the consultation. The employer's obligation in accepting these services is to correct all hazards ...