West Virginia Legislature
2016 Regular Session
Introduced
House Bill 2869
2015 Carryover
(By Delegates Sobonya, P. Smith, R. Smith, Trecost, Miller, Miley, Rowe and Perry)
[Introduced January 13, 2016; referred to the
Committee on Industry and Labor then the Judiciary.]
A BILL to amend and reenact §21-3A-2 of the Code of West Virginia, 1931, as amended, relating to making the Department of Corrections and the Division of Health, and their respective workplaces, subject to the Occupational Safety and Health Act.
Be it enacted by the Legislature of West Virginia:
That §21-3A-2 of the Code of West Virginia, 1931, 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 the state or any department, division,
bureau, board, council, agency or authority of the state, but shall does
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: The purpose of this bill is to make the Department of Corrections and the Division of Health, and their respective workplaces, subject to the 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.