H. B. 2383


(By Delegates Fleischauer, Marshall,

Manuel, Dempsey and Coleman)


[Introduced February 20, 2001; referred to the

Committee on Political Subdivisions then Finance.]




A BILL to amend and reenact sections two and nineteen, article three-a, chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to providing coverage for municipal firefighters under the occupational safety and health act.

Be it enacted by the Legislature of West Virginia:

That sections two and nineteen, article three-a, chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all 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 his designated agent;
(c) "Employee" means any public employee of the state, or any state agency;
(d) "Employer" means public employer and shall include the state or any department, division, bureau, board, council, agency or authority of the state and a municipality as an employer of firefighters, but shall not include the department division of corrections, the department division 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 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 division of corrections, the department division of health, or the Legislature.
§21-3A-19. Optional coverage by subdivisions.

(a) A municipality that employs firefighters is covered under this article, but only as it relates to the employment of its firefighters.
(b) Except as provided in subsection (a) of this section, the governing body of any county or municipality or any department, division, bureau, board, council, agency or authority of any county or municipality or of any school district or special purposes district created pursuant to law may, by ordinance, resolution or other procedure, explicitly elect that some or all of its workplaces or employees shall be covered by the provisions of this article. The commissioner shall issue rules and regulations and prescribe forms and procedures regarding such optional coverage. The commissioner may issue rules and regulations providing for variances from the procedural and substantive requirements of this article in the case of the optional coverage described herein.


NOTE: The purpose of this bill is to provide OSHA coverage for municipal firefighters.

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