WVC 21 -
CHAPTER 21. LABOR.
WVC 21 - 3 -
ARTICLE 3. SAFETY AND WELFARE OF EMPLOYEES.
WVC 21 - 3 - 1
§21-3-1. Employers to safeguard life, etc., of employees; reports
and investigations of accidents; orders of
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 to any employee, the employer
or owner of such place of employment or public institution, when
the same shall come to his knowledge, shall provide the
commissioner of labor the necessary information as to cause of
the injury, on blanks furnished free of charge to the employer
and 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.
WVC 21 - 3 - 2
§21-3-2. Guarding machinery and dangerous places; standards for
construction of scaffolding, hoists and temporary
floors; first aid equipment.
All power-driven machinery, including all saws, planers,
wood shapers, jointers, sandpaper machines, iron mangles, emery
wheels, ovens, furnaces, forges and rollers of metal; all
projecting set screws or moving parts; all drums, cogs, gearing,
belting, shafting, flywheels and flying shuttles; all laundry
machinery, mill gearing and machinery of every description; all
vats or pans and all receptacles containing molten metal or hot
or corrosive fluids in any factory, mercantile establishment,
mill or workshop, shall be so located, whenever possible, as not
to be dangerous to employees, or, where possible shall be
properly inclosed, fenced or otherwise protected. All dangerous
places, in or about mercantile establishments, factories, mills
or workshops, near to which any employee is obliged to pass or to
be employed, shall, where practicable, be properly inclosed,
fenced or otherwise guarded. No machine in any factory,
mercantile establishment, mill or workshop, shall be used when
the same is known to be dangerously defective, and no repairs
shall be made to the active mechanism or operative part of any
machine, when the machine is in motion. The state commissioner
of labor is authorized to adopt the codes promulgated by the
American standards association and approved by the United States
department of labor, relating to the construction of scaffolding,
hoists and temporary flooring of buildings two or more stories in
height, in the course of erection. All factories, mills or workshops employing five or more people in the mechanical
department shall keep on hand, easily accessible, necessary first
aid equipment recommended by the bureau of labor and approved by
the state health department.
WVC 21 - 3 - 3
§21-3-3. Guarding shafts, hatchways, wheel holes, elevators and
electrical apparatus; requiring correction of unsafe
All hoistways, hatchways, elevators, wells and wheel holes
in factories, mercantile establishments, mills or workshops,
shall be securely fenced, inclosed or otherwise safely protected,
and due diligence shall be used to keep all such means of
protection closed, except when it is necessary to have the same
open in order that such hatchways, elevators or hoisting
apparatus may be used. All elevator cabs or cars, whether used
for freight or passengers, shall be provided with some device,
whereby the car or cab may be held, in the event of accident, to
the shipper rope or hoisting machinery or controlling apparatus.
If any elevator, machine, electrical apparatus or system of
wiring, or any part or parts thereof, in any factory, mercantile
establishment, mill or workshop, are in an unsafe condition, or
are not properly guarded, where reasonable to guard the same, the
owner, or lessee, or his agent, superintendent or other person in
charge thereof, shall, upon notice from the commissioner of labor
or factory inspector, remedy such unsafe condition within a
reasonable time after receiving such notice.
WVC 21 - 3 - 3 A
§21-3-3a. National Electrical Code minimum standards.
In every factory, mercantile establishment, mill or workshop,
the installation, alteration, repair, moving, removal, maintenance
and conversion of all electrical wiring and apparatus and equipment
shall be done in accordance with the minimum standards of safety
and construction as set by the copyrighted National Electrical
Code, as promulgated, from time to time, by the national fire
WVC 21 - 3 - 4
§21-3-4. Removal of safeguards.
No person shall remove or make ineffective any safeguard
required by this article, during the active use or operation of
the guarded machine or device, except for the purpose of
immediately making repairs thereto, and all such safeguards so
removed shall be promptly replaced.
WVC 21 - 3 - 5
§21-3-5. Control of machinery.
In every factory, mercantile establishment, mill or
workshop, effective means shall be provided for immediately
disconnecting the power, so that in case of need or accident any
particular machine, group of machines, room or department, can be
promptly and effectively shut down. Where machines are required
to be started and stopped frequently, they shall, wherever
practicable, be provided with tight and loose pulleys, clutch or
other effective disengaging device. When provided with tight and
loose pulleys, the shifting of the belt shall be accomplished by
the use of a belt shifter, placed within easy reach of the
operator. When a clutch or other disengaging device is used, an
effective means for throwing such device into or out of
engagement shall be provided, and shall be placed within easy
reach of the operator. Where machines are directly connected
with the prime mover (electric motor, steam, gas or gasoline
engine, or other source of power), a switch, throttle, or other
power controlling device shall be furnished and shall be placed
within easy reach of the operator or his co-worker. Where
machines are arranged in groups, rooms or departments, and power
is supplied by a prime mover, located within the confines of such
group, rooms or department, a switch, throttle, or other
controlling device shall be furnished, and shall be placed within
easy reach of the operators affected, so that all shafting,
transmitting machinery and machines of such group, room or
department, can be simultaneously shut down. Where machines are
arranged in groups, rooms or departments, and are supplied by power through the use of main or line shafts receiving power from
some prime mover located without the group, room or department,
the power receiving wheel or such main or line shaft shall,
wherever possible, be provided with a friction clutch, or other
effective power disengaging device, with suitable means for
operating the clutch, or power disengaging device, and these
means shall be placed within the confines of such group, room or
department, and within easy reach of employees or operatives
affected, so that all machines, shafting and other transmission
machinery within such group, room or department, can be
simultaneously shut down. In addition to such safeguard,
communication, consisting of speaking tubes, electric bells,
electric colored lights, or other approved and effective means,
shall be provided in all cases covered by this section between
each such group, room or department and the room in which the
engineer or prime mover is located, so that in case of need or
accident the motive power of such group, room or department can
be promptly stopped or controlled.
WVC 21 - 3 - 6
§21-3-6. Stairways, passageways and lights; overloading floors or
walls; space between machines.
In all factories, mercantile establishments, mills or
workshops, proper and substantial handrails shall be provided on
all stairways, and the treads thereon shall be so constructed as
to furnish a firm and safe foothold. A proper light shall be
kept burning by the owner or lessee in all main passageways, main
hallways, at all main stairs, main stair landings and shafts, and
in front of all passenger or freight elevators, upon the entrance
floors, and upon other floors, on every workday of the year, from
the time the building is open for use until it is closed, except
at times when the influx of natural light shall make artificial
light unnecessary. No floor space or any work room in any
factory, mercantile establishment, mill or workshop, shall be so
overloaded with machinery or other materials as thereby to cause
serious risk to or endanger the life or limb of any employee, nor
shall there be permitted in any such establishment a load in
excess of the safe sustaining power of the floors and walls
thereof. Machines shall not be placed so close together as to be
a serious menace to those who have to pass between them.
Passageways shall be of ample width, well lighted and free from
WVC 21 - 3 - 7
§21-3-7. Regulation of operation of steam boilers.
Any person owning or operating a steam boiler carrying more
than fifteen pounds pressure per square inch (except boilers on
railroad locomotives subject to inspection under federal laws,
portable boilers used for agricultural purposes, boilers on
automobiles, boilers of steam fire engines brought into the state
for temporary use in times of emergency for the purpose of
checking conflagrations, boilers used in private residences which
are used solely for residential purposes, any sectional boilers,
small portable boilers commonly used in the oil and gas industry
about their wells and tool houses, and boilers under the
jurisdiction of the United States) in this state shall first
obtain a permit to operate a steam boiler from the commissioner
of labor, or from an inspector working under his jurisdiction.
Applications for permits to operate a steam boiler must be
accompanied by a sworn statement made by the owner or operator of
such boiler, setting forth the condition of the boiler and its
appurtenances at which time, if the facts disclosed by such
statement meet the safety requirements established under this
article, the commissioner of labor shall issue a temporary
permit, which shall be valid until such boiler has been inspected
by a boiler inspector authorized by the state commissioner of
labor; thereupon, if the boiler meets the safety requirements
established under this article, the commissioner of labor shall
issue an annual permit to operate such steam boiler: Provided,
That boilers which are insured by an insurance company operating
in this state and which are inspected by such insurance company's boiler inspector shall not be subject to inspection by the state
department of labor, during any twelve months' period during
which an inspection is made by the insurance company's boiler
The commissioner of labor or state boiler inspector shall
have the authority to inspect steam boilers in this state. To
carry out the provisions of this section, the commissioner of
labor shall prescribe rules and regulations under which boilers
may be constructed and operated, according to their class. The
commissioner of labor shall be authorized to revoke any permit to
operate a steam boiler if the rules prescribed by the
commissioner of labor, or his authorized representative, are
violated or if a condition shall prevail which is hazardous to
the life and health of persons operating or employed at or around
the boiler. Any person or corporation who shall operate a steam
boiler for which a permit is necessary under the provisions of
this section, without first obtaining such permit to operate a
steam boiler, shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be fined not less than one hundred
dollars nor more than five hundred dollars. Every day a steam
boiler requiring a permit to operate is operated without such
permit shall be considered a separate offense.
The commissioner may charge such fee as he determines
reasonable for the inspection of boilers by the department of
labor boiler inspector of the commissioner's authorized boiler
inspection agency, for the processing of inspection reports from
insurance companies, for issuing annual permits to operate boilers and for commissioning insurance company boiler
inspectors. Such fees shall be established by a rule promulgated
in accordance with the provisions of chapter twenty-nine-a of
this code. No fee shall be charged for the inspection of boilers
used on mobile equipment or vehicles used for occasional
entertainment or display purposes.
WVC 21 - 3 - 8
§21-3-8. Smoking where prohibited by sign.
Every person who shall light a pipe, cigar or cigarette in,
or who shall enter with a lighted pipe, cigar or cigarette, any
factory, mercantile establishment, mill or workshop in which is
posted in a conspicuous place over and near each principal
entrance a notice in plain English letters, stating that no
smoking is allowed in such building, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not
less than twenty nor more than one hundred dollars for each
WVC 21 - 3 - 9
§21-3-9. Fire escapes.
In all factories, mercantile establishments, mills or
workshops, sufficient and reasonable means of escape in case of
fire shall be provided, and such means of escape shall at all
times be kept free from any obstruction and shall be kept in good
repair and ready for use, and shall be plainly marked as such.
The commissioner of labor or factory inspector may order fire
escapes erected on the outside of buildings used as factories,
mercantile establishments, mills or workshops which are two or
more stories in height, whenever deemed by the commissioner of
labor or factory inspector to be necessary.
WVC 21 - 3 - 10
§21-3-10. Food or meals in factories.
No employee shall take or be allowed to take food into any
room or apartment in any factory, mercantile establishment, mill
or workshop, where white lead, arsenic, or other poisonous
substances, or injurious or noxious fumes, dusts or gases under
harmful conditions are present as the result of the business
conducted by such factory, mercantile establishment, mill or
workshop, and notice to this effect shall be posted in each room
or apartment. Employees shall not remain in any such room or
apartment during the time allowed for meals, and suitable
provisions shall be made and maintained by the employer, when
practicable, for enabling the employees to take their meals
elsewhere in such establishment.
WVC 21 - 3 - 10 A
§21-3-10a. Meal breaks.
During the course of a workday of six or more hours, all
employers shall make available for each of their employees, at
least twenty minutes for meal breaks, at times reasonably
designated by the employer. This provision shall be required in
all situations where employees are not afforded necessary breaks
and/or permitted to eat lunch while working
WVC 21 - 3 - 11
§21-3-11. Seats for female employees.
Every person, firm or corporation employing females in any
factory, mercantile establishment, mill or workshop in this state
shall provide a reasonable number of suitable seats for the use
of such female employees, and shall permit the use of such seats
by them when they are not necessarily engaged in active duties
for which they are employed, and shall permit the use of such
seats at all times when such use would not actually and
necessarily interfere with the proper discharge of the duties of
such employees, and, where practicable, such seats shall be made
permanent fixtures and may be so constructed or adjusted that,
when not in use, they will not obstruct such female employee when
engaged in the performance of her duties.
WVC 21 - 3 - 12
§21-3-12. Water closets.
Every factory, mercantile establishment, mill or workshop
shall be provided with a sufficient number of water closets, and
whenever both male and female persons are employed, separate
water closets shall be provided for the use of each sex, and
plainly marked by which sex they are to be used. No person or
persons shall be allowed to use the closets assigned to the
opposite sex. Such water closets shall be constructed in an
approved manner and properly enclosed, and at all times kept in a
clean and sanitary condition. The closets, where practicable,
shall be located so that they shall have direct ventilation with
the outside air. Where it is impracticable to locate the closets
so as to have direct ventilation with the outside air, they shall
be placed in an inclosure, and every such closet shall be
properly and effectively disinfected and separately ventilated,
and shall be properly lighted by artificial light, except when
the influx of natural light makes artificial light unnecessary.
WVC 21 - 3 - 13
§21-3-13. Washing facilities and dressing rooms.
In all factories, mercantile establishments, mills or
workshops, adequate washing facilities shall be provided for the
employees, where necessary. When the labor performed by the
employees is of such a character as to make customary or
necessary a change of clothing by the employees, there shall be
provided a sanitary and suitable dressing room or rooms. Separate
dressing rooms and washing facilities shall be maintained for
WVC 21 - 3 - 14
§21-3-14. Power of commissioner as to witnesses; prosecution of
offenses; penalties; jurisdiction; exemption of coal
mining operations; recovery of civil penalties.
The commissioner of labor or any authorized representative
of the department of labor in the performance of any duty or the
execution of any power prescribed by law shall have the power to
administer oaths, certify to official acts, take and cause to be
taken depositions of witnesses.
It shall be the duty of the attorney general and the several
prosecuting attorneys, upon request of the commissioner of labor
or any of his authorized representatives, to prosecute any
violation of the law which it is made the duty of the said
commissioner of labor to enforce.
If any employer, employee, owner or other person shall
violate any provision of this chapter or shall fail or refuse to
perform any duty lawfully required within the time prescribed by
the commissioner of labor or his authorized representatives, for
which no penalty has been specifically provided, or shall fail,
neglect, or refuse to obey any lawful order given, made or
promulgated by the commissioner of labor or his authorized
representatives, or shall interfere with, impede, or obstruct in
any manner the commissioner of labor or his authorized
representatives in the performance of his or their official
duties, he shall be guilty of a misdemeanor, and upon conviction
thereof shall be fined not less than ten dollars nor more than
fifty dollars, or shall be imprisoned for not exceeding six
months, or both so fined and imprisoned, for each such offense; and each day such violation, omission, failure, or refusal
continues shall be deemed a separate offense.
A justice of the peace shall have concurrent jurisdiction
with the circuit court and other courts having criminal
jurisdiction in his county for the trial of offenses under this
article. Those portions of all coal mining properties and
operations which are under the supervision of the department of
mines are excepted from the operation of provisions of this
In lieu of the penalties heretofore provided in this
section, any such penalty may be recovered in a civil action in
the name of the state of West Virginia.
WVC 21 - 3 - 15
§21-3-15. Records and reports of commissioner, inspectors and
The commissioner of labor, inspectors and chief clerk shall
make and keep full and proper record of all their expenses, and
of inspections and statistics as to conditions, changes and
improvements made for the safety and welfare of employees
affected by this article; and the commissioner of labor shall
submit a proper report thereof to the governor, as provided in
section four, article one of this chapter.
WVC 21 - 3 - 16
§21-3-16. Inclosure of streetcar platforms.
It shall be unlawful for any person, firm or corporation
owning or operating a street railway in this state, or for any
officer or agent thereof having charge or control of the
management of such line or railway, or the cars thereof,
operating electric, cable or other cars propelled either by
steam, cable or electricity, which require the constant services,
care or attention of any person or persons upon the platforms of
any such car, to require or permit such services, attention or
care by any of its employees, or any other person or persons,
unless such person, firm or corporation, its officers or
superintending or managing agents, have first provided the
platforms of such car with a proper and sufficient inclosure
constructed of wood, iron, glass or similar suitable material,
sufficient to protect such employees from exposure to the winds
and inclemencies of the weather.
Any person, firm or corporation who violates the provisions
of this section shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be fined not less than twenty nor more
than one hundred dollars. Each day that such person, firm or
corporation causes any of its employees to operate such car or
cars in violation of the aforesaid provisions, or causes a car or
cars to be used or operated in violation thereof, shall be deemed
a separate offense: Provided, That the provisions of this
section shall not apply to cars used and known as trailing cars.
WVC 21 - 3 - 17
§21-3-17. Employers not to require payment of fees for medical
examination as condition of employment; enforcement.
(a) The term "employer," as used in this section, shall mean
and include an individual, a partnership, an association, a
corporation, a legal representative, a trustee, receiver, trustee
in bankruptcy, and any common carrier by rail, motor, water, air
or express company doing business in or operating within the
(b) The term "employee" shall mean and include every person
who may be permitted, required or directed by any employer, as
defined in subsection (a), in consideration of direct or indirect
gain or profit, to engage in any employment.
(c) It shall be unlawful for any employer, as defined in
subsection (a) to require any employee or applicant for
employment to pay the cost of a medical examination as a
condition of employment.
(d) Any employer who violates the provisions of this section
shall be liable to a penalty of not more than one hundred dollars
for each and every violation. It shall be the duty of the
commissioner of labor to enforce this section.
WVC 21 - 3 - 18
§21-3-18. Hazardous chemical substances; notice to employees;
reports to commissioner; penalties.
(a) It is declared the policy of this state to require
employers to disclose to employees the hazards of exposure in the
work place to hazardous or toxic chemical substances and
materials. For this purpose, the commissioner of labor shall
establish and maintain, by rule or regulation, a list of chemical
substances and materials which have been determined or are
suspected to be hazardous or toxic to the health of employees who
may be exposed to them in the course of employment. In
establishing and maintaining such list, the commissioner may give
consideration to any list made or hereafter made by the secretary
of labor of the United States identifying or proposing to
identify chemical substances and materials as hazardous or toxic,
or setting standard levels of safe exposure thereto, as the same
are published from time to time in the federal register. The
commissioner shall publish and update, at least annually, such
list of substances and materials and shall include in the
publication thereof, for each listed substance or material, any
standard levels of safe exposure published by said secretary in
the federal register, giving due consideration to any changes
made or proposed by said secretary in the secretary's list of
hazardous or toxic chemical substances and materials, or in any
standard levels of safe exposure established or proposed from
time to time by said secretary, as the same are published in the
(b) The commissioner shall make copies of such list prepared under this section available to any employer requesting the same:
Provided, That the commissioner shall limit such list to no more
than six hundred such substances and materials to be selected
from the lists included in 29 Code of Federal Regulations
1910.1000, Subpart Z, which the commissioner elects to include
because of either frequency of use in the state, frequency of
exposure or over exposure thereof to workers in the state, the
seriousness of the effects of such exposure or other reason which
the commissioner determines to be sufficient.
(c) Any employer of ten or more employees using or producing
any such listed hazardous chemical substance or material shall
conspicuously post a warning notice in the work area where any
such substance or material is used, to read substantially as
(Name of hazardous chemical substance or material) is used
at this work site.
Common symptoms of overexposure include the following:
Name of Employer
Any such notice required to be posted with regard to a
mobile work site may be posted on the container or containers of
the hazardous substance or material or in some other conspicuous
The employer shall include in the notice such common symptoms of overexposure as (1) may be published with the
standard levels of safe exposure, or (2) certified to the
employer by a physician employed for that purpose. Good faith
reliance upon either such source of information shall be
sufficient notice of such common symptoms.
(d) Any employer having notice of any incident of exposure
to a listed hazardous chemical substance or material in excess of
its standard level of safe exposure published by the commissioner
shall within ten days thereof report to the commissioner the
circumstances of such incident and provide a copy of the report
to the employee.
(e) Any person or corporation that violates the provisions
of this section is guilty of a misdemeanor, and, upon conviction
thereof, shall be fined not less than one hundred dollars nor
more than one thousand dollars for each violation.
(f) The provisions of this section shall not apply to any
coal mine, coal mining or coal processing plant, and any
agricultural or horticultural activity, and any such mine, plant
or activity is hereby exempted from the provisions of this
WVC 21 - 3 - 19
§21-3-19. Discrimination for use of tobacco products prohibited.
(a) It shall be unlawful for any employer, whether public or
private, or the agent of such employer to refuse to hire any
individual or to discharge any employee or otherwise to
disadvantage or penalize any employee with respect to compensation,
terms, conditions or privileges of employment solely because such
individual uses tobacco products off the premises of the employer
during nonworking hours.
(b) This section shall not apply with respect to an employer
which is a nonprofit organization which, as one of its primary
purposes or objectives, discourages the use of one or more tobacco
products by the general public.
(c) This section shall not prohibit an employer from offering,
imposing or having in effect a health, disability or life insurance
policy which makes distinctions between employees for type of
coverage or price of coverage based upon the employee's use of
tobacco products: Provided, That any differential premium rates
charged to employees must reflect differential costs to the
employer: Provided, however, That the employer must provide
employees with a statement delineating the differential rates used
by its insurance carriers.
(d) Nothing in this section shall be construed to prohibit an
employer from making available to smokers and other users of
tobacco products, programs, free of charge or at reduced rates,
which encourage the reduction or cessation of smoking or tobacco
WVC 21 - 3 - 20
§21-3-20. Use of video and other electronic surveillance devices
by employers prohibited.
(a) It is unlawful for any employer or the agent or
representative of an employer, whether public or private, to
operate any electronic surveillance device or system, including,
but not limited to, the use of a closed circuit television system,
a video-recording device, or any combination of those or other
electronic devices for the purpose of recording or monitoring the
activities of the employees in areas designed for the health or
personal comfort of the employees or for safeguarding of their
possessions, such as rest rooms, shower rooms, locker rooms,
dressing rooms and employee lounges.
(b) Any employer or agent thereof who violates any provision
of this section is guilty of a misdemeanor and, if convicted, shall
be fined five hundred dollars for the first offense. An employer
or agent thereof convicted a second time under this provision shall
be fined one thousand dollars. For the third and any subsequent
offense, the penalty shall be two thousand dollars.
WVC 21 - 3 - 21
§21-3-21. Special Revenue Fund for the Division of Labor;
authorized deposits; disbursements; purpose.
There is hereby created in the State Treasury a special
revenue fund to be known as the "Occupational Safety and Health
Fund" which shall consist of all gifts, grants, bequests,
transfers, appropriations or other donations or payments which may
be received by the Division of Labor from any governmental entity
or unit or any person, firm, foundation, or corporation for the
purposes of this section, and all interest or other return earned
from investment of the fund. Expenditures from the fund shall be
made by the Commissioner of the Division of Labor to provide
matching funds, or to reimburse the Division of Labor for providing
matching funds, to obtain federal funds for the administration of
an occupational safety and health consultation program under
contract with the federal Division of Labor.
WVC 21 - 3 - 22
§21-3-22. OSHA construction safety program.
(a) For the purposes of this section:
(1) "Business entity" means any firm, partnership,
association, company, corporation, limited partnership, limited
liability company or other entity.
(2) "Commissioner" means the Commissioner of Labor or his or
(3) "Public authority" has the same meaning as in section two,
article one-d of this chapter.
(4) "Public improvement" has the same meaning as in section
two, article one-d of this chapter.
(b) No person or business entity providing services as a
contractor or subcontractor under a contract, entered on or after
July 1, 2014, for the construction, reconstruction, alteration,
remodeling or repairs of any public improvement, by or on behalf of
a public authority, where the total contract cost of all work to be
performed by all contractors and subcontractors is in excess of
$50,000, may use, employ or assign any person to a public
improvement work site who has not successfully completed a ten-hour
construction safety program designed by OSHA, no later than twenty-
one calendar days after being employed at or assigned to the public
improvement work site.
(c) The training requirement contained in subsection (b) of
this section does not apply to a person used, employed or assigned to a public improvement work site for less than twenty-one
consecutive calendar days following the person's first day of
employment or assignment at the public improvement work site.
(d) During the three hundred sixty-five days following the
effective date of this section, a person employed or assigned to a
public improvement work site shall have ninety days to complete the
training requirement of subsection (b) of this section.
(e) A contractor or subcontractor subject to this section
shall make and maintain a record of the persons he or she uses,
employs or assigns pursuant to the contract, including the date of
the completion of the safety training program required by
subsection (b) of this section and the identity of the provider of
the training. The records required by this subsection shall be
preserved pursuant to section five, article five-c of this chapter
and be maintained at the employer's business office.
(f) Upon a finding by the commissioner that a person has been
used, employed at or assigned to a public improvement work site in
violation of subsection (b) of this section, the commissioner may
issue a cease-and-desist order to the person who has not completed
the requisite training until the person presents the commissioner
with evidence that he or she has successfully completed the
training program required by subsection (b) of this section.
(g) The commissioner may assess a civil penalty of not less
than $100 nor more than $1,000 to any person or business entity for each violation of this section.
(h) Any person with knowledge that a document or other record
falsely represents that a person has completed the training program
required by subsection (b) of this section and who provides or
exhibits the document or record to the commissioner or to an
employer shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than $250 nor more than $2,500.
(i) The following persons are exempt from the training
requirements of subsection (b) of this section:
(1) Law-enforcement officers involved with traffic control or
(2) Federal, state and municipal government employees and
(3) Suppliers of materials and persons whose sole
responsibility is to deliver materials to the work site.
(j) The Commissioner shall report to the Joint Committee on
Government and Finance by January 1, 2017, on accident and injury
rates at public improvement work sites during the two years prior
and following enactment of this section.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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