COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 455
(By Senators Claypole and Withers)
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[Originating in the Committee on the Judiciary;
reported April 2, 1993.]
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A BILL to amend article five-c, chapter twenty-one of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
three-a; and to amend article one, chapter twenty-three of
said code by adding thereto a new section, designated
section one-a, all relating to prohibiting employers in high
risk occupations from requiring employees to work more than
eight hours in a workday.
Be it enacted by the Legislature of West Virginia:
That article five-c, chapter twenty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
three-a; and that article one, chapter twenty-three of said code
be amended by adding thereto a new section, designated section
one-a, all to read as follows:
CHAPTER 21. LABOR.
ARTICLE 5C. MINIMUM WAGE AND MAXIMUM HOURS STANDARDS FOR
EMPLOYEES.
§21-5C-3a. Maximum hours in high risk occupations; definition;
penalty.
(a) On and after the first day of July, one thousand nine
hundred ninety-three, no employer may employ any of his employees
for a workday longer than eight hours in a job which has been
designated as a high risk occupation by the commissioner of the
workers' compensation fund: Provided, That any employee in a
designated high risk occupation may volunteer to work beyond
eight hours per day.
(b) For the purposes of this section:
(1) "Compensable injury" shall be construed consistent with
the requirements contained in section one, article four, chapter
twenty-three of this code.
(2) "Employee" shall be construed consistent with the
requirements in section one-a, article two, chapter twenty-three
of this code.
(3) "Employer" shall be construed consistent with section
one, article two, chapter twenty-three of this code.
(4) "High risk occupation" shall be construed consistent
with section four, article two, chapter twenty-three of this
code.
(c) When a finding is made that an employee in a high risk
occupation has suffered a compensable injury while performing
required work at a time beyond eight hours per day, the employer
which required the employee to work beyond eight hours per day is
not exempted from liability under the provisions of section six,
article two, chapter twenty-three of this code.
CHAPTER 23. WORKERS' COMPENSATION.
ARTICLE 1. GENERAL ADMINISTRATIVE PROVISIONS.
§23-1-1a. Additional duties and responsibilities of
commissioner.
In addition to all other duties and responsibilities of the
commissioner, the commissioner shall define and designate high
risk occupations as determined by the number of accidents and
injuries resulting in disabilities or lost work occurring in the
workplace in a manner consistent with section four, article two
of this chapter. The commissioner shall adopt reasonable and
proper rules necessary to carry out the intent and provisions of
this section.
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(NOTE: The purpose of this bill is to prohibit mandatory
overtime work, and reduce injuries in high risk occupations.)