Senate Bill No. 569
(By Senator Snyder)
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[Introduced February 17, 1999;
referred to the Committee on the Judiciary.]
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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 including the
Legislature and the former departments of corrections and
health within the coverage of the West Virginia occupational
safety and health act.
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.
ยง21-3A-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 his or
her designated 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 removes the exclusion of the Legislature
and the former departments of corrections and health from
coverage under 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.