Comparison: State vs. Federal
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 Occupational Safety and Health Act (OSH Act) governs occupational safety and health requirements, including training, in the private sector. Public sector employers are governed by the West Virginia Occupational Safety and Health Act (WV OSH Act), which has adopted the federal OSH Act in all important respects.
For information on the federal training requirements, see the national analysis TRAINING.
OSHA’s Region 3 office administers and enforces occupational safety and health in the private sector workplace. The West Virginia Department of Commerce Division of Labor administers and enforces occupational safety and health training requirements in the public sector.