H. B. 2143


(By Delegates Kuhn, H. White, Varner and Caputo)
[Introduced January 13, 2003; referred to the
Committee on Industry and Labor, Economic Development and Small Business 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 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.

§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 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.