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Introduced Version House Bill 4030 History

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Key: Green = existing Code. Red = new code to be enacted

H. B. 4030


(By Delegates Caputo, Hamilton,

D. Poling and M. Poling)


[Introduced January 11, 2008; referred to the

Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.]




A BILL to amend and reenact §21-3-1 of the Code of West Virginia, 1931, as amended, relating to requiring that workplace fatalities be reported to the Division of Labor.

Be it enacted by the Legislature of West Virginia:

That §21-3-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 3. SAFETY AND WELFARE OF EMPLOYEES.
§21-3-1. Employers to safeguard life, etc., of employees; reports and investigations of accidents; orders of commissioner.

Every employer shall furnish employment which shall be reasonably safe for the employees therein engaged and shall furnish and use safety devices and safeguards, and shall adopt and use methods and processes reasonably adequate to render employment and the place of employment safe, and shall do every other thing reasonably necessary to protect the life, health, safety, and welfare of such employees: Provided, That as used in this section, the terms "safe" or "safety" as applied to any employment, place of employment, place of public assembly or public building, shall include, without being restricted hereby, conditions and methods of sanitation and hygiene reasonably necessary for the protection of the life, health, safety, or welfare of employees or the public.
Every employer and every owner of a place of employment, place of public assembly, or a public building, now or hereafter constructed, shall so construct, repair and maintain the same as to render it reasonably safe.
When an accident occurs in any place of employment or public institution which results in injury or death to any employee, the employer or owner of such place of employment or public institution, when the same shall come to his or her knowledge, shall provide report to the Commissioner of Labor the necessary information as to cause of the injury on blanks furnished free of charge to the employer and or death in a timely manner as prescribed by the Commissioner of Labor.
To carry out the provisions of this chapter the Commissioner of Labor shall have the power to investigate and prescribe that reasonable safety devices, safeguards, or other means of protection be adopted for the prevention of accidents in every employment or place of employment, and to make, modify, repeal, and enforce reasonable general orders, applicable to either employers or employees, or both, for the prevention of accidents.
All orders of the Commissioner of Labor shall be prima facie lawful and reasonable, and shall not be held invalid because of any technical omission, provided there is substantial compliance with the provisions of this chapter.


NOTE: The purpose of this bill is to require that workplace fatalities be reported to the Division of Labor.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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