H. B. 2051
(By Delegate S. Cook)
[Introduced February 10, 1993; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section two, article three-a, chapter
twenty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to expanding the
application of the West Virginia Occupational Safety and
Health Act to the department of corrections, department of
health and the Legislature.
Be it enacted by the Legislature of West Virginia:
That section two, article three-a, chapter twenty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 3A. OCCUPATIONAL SAFETY AND HEALTH ACT.
§21-3A-2. Definitions.
As used in this chapter, unless the context clearly
indicates otherwise:
(a) "Commission" means the occupational safety and health
review commission established under this article;
(b) "Commissioner" means the labor commissioner or hisdesignated agent;
(c) "Employee" means any public employee of the state, or
any state agency;
(d) "Employer" means public employer and
shall include
includes the state or any department, division, bureau, board,
council, agency or authority of the state
but shall not include
the department of corrections, the department of health and the
Legislature.
(e) "Occupational safety and health standard" means a
standard for health or safety which requires the adoption or use
of one or more practices, means, methods, operations or processes
reasonably necessary or appropriate to provide safe and healthful
employment in places of employment;
(f) "Person" means one or more individuals; and
(g) "Workplace" means a place where public employees are
assigned to work but
shall does not include any place where
public employees are assigned to work that is inspected and
regulated in accordance with federal occupational safety and
health standards or mine safety and health administration
standards.
or facilities under the authority of the department
of corrections, the department of health, or the Legislature
NOTE: This bill places the Department of Corrections,
Department of Health and the Legislature under the coverage of
the West Virginia Occupational Safety and Health Act.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.