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WV Code § 21-3-20 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3. Safety and Welfare of Employees|§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 $500 for the first offense. An employer or agent thereof convicted a second time under this provision shall be fined $1,000. For the third and any subsequent offense, the penalty shall be $2,000.
WV Code § 21-3-21 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3. Safety and Welfare of Employees|§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.
WV Code § 21-3A-1 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3A. Occupational Safety and Health Act|§21-3A-1. Short Title

This article shall be known and cited as the "West Virginia Occupational Safety and Health Act."
WV Code § 21-3A-1a (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3A. Occupational Safety and Health Act|§21-3A-1a. Legislative Policy

The Legislature finds that the safety and health of public employees in the workplace is of primary public concern. Personal injuries and illnesses arising out of work situations result not only in wage loss and increased medical expenses for public employees, but also in decreased productivity and increased workers' compensation expenses for public employers. The Legislature therefore declares:(a) That it is the policy of this state to ensure that all public employees be provided with safe and healthful work environments free from recognized and avoidable hazards;(b) That it is the responsibility of the state to promulgate standards for the protection of the health and safety of its public workforce; and(c) That it is in the public interest for public employers and public employees to join in a cooperative effort to enforce these standards.
WV Code § 21-3A-2 (2021)
2021 West Virginia Code|Chapter 21. Labor|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, 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 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.
WV Code § 21-3A-3 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3A. Occupational Safety and Health Act|§21-3A-3. Division of Occupational Safety and Health; Coordination of Activities With Workers' Compensation Commission

(a) There is continued in the labor department a division of occupational safety and health comprised of a subdivision for safety, a subdivision for health and the other subdivisions the commissioner considers necessary. This division shall administer all matters pertaining to occupational safety and occupational health.(b) The labor commissioner may require the assistance of other state agencies and may enter into agreements with other state agencies and political subdivisions of the state for the administration of this chapter.(c) The labor commissioner shall provide for coordination between the division of occupational safety and health and the workers' compensation commission including, but not limited to, the establishment of standardized procedures and reportings.
WV Code § 21-3A-4 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3A. Occupational Safety and Health Act|§21-3A-4. Application of Article

(a) This article applies to all public employers, public employees and public workplaces within the State of West Virginia.(b) Nothing in this article may be construed to supersede or in any manner affect any workers' compensation law or to diminish in any manner common law or statutory rights, duties or liabilities of employers or employees, under any law with respect to injuries, diseases or death of employees arising out of and in the course of employment.
WV Code § 21-3A-5 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3A. Occupational Safety and Health Act|§21-3A-5. Duties of Employer and Employee

(a) Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards causing or likely to cause death or serious physical harm or serious illness to his employees.(b) Each employer shall, upon the written request of any employee, furnish the employee with a written statement listing the substances which the employee uses or with which the employee comes into contact, which substances have been identified as toxic and hazardous by occupational safety and health standards, under Title 29 CFR 1910.1000 "Air Contaminant Code of Federal Regulations" through 1910.1046, or listed in the most recent National Institute for Occupational Safety and Health Registry of the Toxic Effects of Chemical Substances (RTECS).(c) Each employer shall comply with occupational safety and health standards promulgated under this article.(d) Each employee shall comply with occupational safety and health standards and all regulations and orders issued pursuant to this article which are applicable to his actions and conduct.
WV Code § 21-3A-6 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3A. Occupational Safety and Health Act|§21-3A-6. Rules

In the rules adopted under the authority of this article, the commissioner shall:(a) Provide for the preparation, adoption, amendment or repeal of rules necessary to effectuate the health and safety purposes of this article;(b) Provide educational programs to encourage employers and employees in their efforts to reduce the number of safety and health hazards and to stimulate employers and employees to institute new programs, and to perfect existing programs to provide for safe and healthful working conditions;(c) Provide for appropriate reporting procedures by employers with respect to information relating to conditions of employment which will assist in achieving the objectives of this article;(d) Provide for the frequency, method and manner of making inspections of workplaces without advance notice: Provided, That in the event of an emergency or unusual situation, the commissioner may give advance notice;(e) Provide for the publication and dissemination to employers, employees and labor organizations and the posting, where appropriate, by employers of informational, educational or training materials calculated to aid and assist in achieving the objectives of this article; and(f) Provide for the establishment of new programs, and the perfection and expansion of existing programs for occupational safety and health education for employers and employees and institute methods and procedures to establish a program for voluntary compliance by employers and employees with the requirements of this article and all applicable safety and health standards and regulations promulgated pursuant to the authority of this article.
WV Code § 21-3A-9 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3A. Occupational Safety and Health Act|§21-3A-9. Citation for Violation

(a) If, upon inspection or investigation, the commissioner or his authorized representative believes that an employer or employee has violated any safety and health standards or variance or the commissioner finds a condition which poses a recognized hazard likely to cause death or serious physical harm or illness, the commissioner shall, with reasonable promptness, issue a citation to the employer or employee. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of this article, or the standard, rule or order alleged to have been violated. The citation shall fix a reasonable time for the abatement of the violation.(b) Each citation issued under this section or a copy or copies thereof shall be prominently posted as prescribed in rules issued by the commissioner at or near each place a violation referred to in the citation occurred.
WV Code § 21-3A-12 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3A. Occupational Safety and Health Act|§21-3A-12. Appeal From Review Commission

Any employer or employee, or the commissioner, adversely affected or aggrieved by an order of the review commission, after all administrative remedies provided by this article have been exhausted, is entitled to judicial review pursuant to section four, article five, chapter twenty-nine-a of this code.
WV Code § 21-3A-13 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3A. Occupational Safety and Health Act|§21-3A-13. Discrimination Against Employee Filing Complaint

(a) No employer may discharge or in any manner discriminate against any employee because the employee has filed any complaint, instituted or caused to be instituted or participated in any proceedings under or related to this article, has testified or is about to testify in any such proceedings or has exercised on behalf of himself or others any right afforded by this article.(b) Any employee who believes that he has been discharged or otherwise discriminated against by any person in violation of this section may, within thirty days after the alleged violation occurs, file a complaint with the commissioner alleging such discrimination. Upon receipt of the complaint the commissioner shall cause an investigation to be made. If after such investigation the commissioner determines that the provisions of this section have been violated, he shall bring an action in the circuit court of Kanawha County against the employer. In any such action, the court has jurisdiction, for cause shown, to restrain violations of subsection (a) of this section and to order all appropriate relief including rehiring or reinstatement of the employee to his former position with back pay plus interest at the statutory rate in this state.
WV Code § 21-3A-14 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3A. Occupational Safety and Health Act|§21-3A-14. Enjoining of Conditions or Practices at Places of Employment; Mandamus Against Commissioner for Failure to Act

(a) The circuit court of Kanawha County or the circuit court in the county wherein the workplace is located has jurisdiction, upon petition by the commissioner, to restrain or enjoin any conditions or practices in any workplace which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of the danger can be eliminated through the enforcement procedures otherwise provided by this article. Any order issued under this section may require such steps to be taken as are necessary to avoid, correct or remove the imminent danger and prohibit the employment or presence of any individual in locations or under conditions where the imminent danger exists, except the presence of those individuals whose presence is necessary to avoid, correct or remove such imminent danger, or to maintain the capacity of a continuous process operation, or to resume normal operations without a complete cessation of operations or, where a cessation of operation is necessary, to permit such to be accomplished in a safe and orderly manner. No temporary restraining order issued without notice may be effective for more than five days.(b) Whenever and as soon as an inspector concludes that conditions or practices described in subsection (a) of this section exist in any place of employment, he shall inform the affected employees and employer of the danger and shall further inform those persons that he is recommending to the commissioner that relief be sought. If the commissioner fails to seek relief under this section within forty-eight hours of being notified of such conditions, any employee who may have been injured by reason of such failure or the authorized representative of such employee may seek injunctive relief.
WV Code § 21-3A-15 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3A. Occupational Safety and Health Act|§21-3A-15. Research and Demonstration Projects

The commissioner shall conduct research and undertake demonstration projects relating to occupational safety and health issues and problems, either within the labor department or by grants or contracts. The commissioner may prescribe rules requiring employers to measure, record and make reports on exposure of employees to toxic substances which he believes may endanger the health or safety of employees. The commissioner shall cooperate with the director of the national institute for occupational safety and health of the department of health and human services of the United States in establishing programs of medical examinations and tests necessary to determine the incidence of occupational illness and employee susceptibility to such illnesses. Such programs, upon the request of the employer, may be paid for by the commissioner, together with such other assistance as may be required. Information obtained under this section shall be made public without revealing the names of individual workers covered by physical examination or special studies and shall be made available to employers, employees and their authorized representatives.
WV Code § 21-3A-16 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3A. Occupational Safety and Health Act|§21-3A-16. Education Program

(a) The commissioner shall conduct directly or by grants or contracts education programs to provide an adequate supply of qualified personnel to carry out the purposes of this article and information programs on the importance and proper use of adequate safety and health equipment.(b) The commissioner is authorized to conduct directly or by grants or contracts short-term training of personnel engaged in work related to this responsibility under this article.(c) The commissioner shall provide for the establishment and supervision of programs for the education and training of employers and employees in the recognition, avoidance and prevention of unsafe or unhealthful working conditions in employment covered by this article. The commissioner shall consult with and advise employers, employees and organizations representing employers and employees as to effective means of preventing occupational injuries and illnesses.
WV Code § 21-3A-17 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3A. Occupational Safety and Health Act|§21-3A-17. Reports to United States Secretary of Labor

In regard to the administration and enforcement of this article, the commissioner shall make reports to the secretary of labor of the United States in such form and containing such information as the secretary shall from time to time require.
WV Code § 21-3A-19 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3A. Occupational Safety and Health Act|§21-3A-19. Optional Coverage by Subdivisions

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.
WV Code § 21-3B-1 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3B. Employer Assistance for Environmental Protection|§21-3B-1. Title and Purpose

This article shall be known and may be cited as the "Employer Assistance For Environmental Protection Act."It is the purpose of this article to make available to employers in this state assistance in identifying environmental and hazardous waste hazards common to the workplace and to further assist such employers in developing plans for compliance with all such concerns. Such assistance will be provided using the available personnel and resources of the various state agencies involved in the regulation and control of environmental and hazardous waste disciplines.
WV Code § 21-3B-2 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3B. Employer Assistance for Environmental Protection|§21-3B-2. Duties and Responsibilities of Division of Labor and the Commissioner of Labor

(a) The Division of Labor shall:(1) Encourage employers and employees to reduce existing environmental and hazardous waste hazards and to implement new or improved existing safety and health programs;(2) Provide technical advice and information relating to environmental hazards and waste hazards;(3) Develop and implement training programs to increase the employer and employee competence in managing and correcting environmental hazards and waste hazards; (4) Develop and coordinate an information network relating to applicable environmental and hazardous waste law affecting the business community in West Virginia;(5) Offer a program of on-site consultation to assist businesses in identifying environmental hazards and waste hazards; and(6) Offer to businesses an off-site program by telephone or correspondence for information and assistance in complying with environmental regulation.(b) The commissioner of labor shall develop and implement rules, regulations and administrative guidelines required to effectuate the purposes of this article.(c) In carrying out the duties and responsibilities imposed by the provisions of subsection (a) of this subsection, or in developing and implementing rules, regulations and administrative guidelines in accordance with the provisions of subsection (b) of this section, the Division of Labor and the commissioner shall not expend any state funds or utilize any personnel of the division for the training of any permanent replacement employee, unless and until such permanent replacement employee has been determined by the commissioner to have been legally employed.
WV Code § 21-3B-4 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3B. Employer Assistance for Environmental Protection|§21-3B-4. Procedures

(a) Any employer within the state may request the commissioner of labor in writing to provide advice and assistance in identifying and eliminating environmental hazards in compliance with applicable state, federal and local law. The employer may specify a limited scope for consultation by indicating hazards or situations on which consultation will be focused. No consultation services may be provided when an agency charged with enforcing federal, state or local environmental or hazardous waste regulations has issued a citation or ordered that a condition be abated or corrected.(b) The commissioner shall provide on-site consultation services in identifying and eliminating environmental hazards. However, since employee contact by a consultant is needed for proper identification of environmental hazards in the workplace, employers must agree to such contact before a consultation may proceed. Employers must agree to correct all hazards noted by the consultant as a condition of the providing of consultation services. Employers are encouraged to permit employees to participate in the walk-around portion of a consultation visit.(c) Prior to visiting a worksite, the consultant may request specific information concerning the worksite. Requested information must be provided before a consultation may proceed.(d) If, in the course of an inspection, the consultant observes environmental hazards violating federal, state or local law which are outside the scope of a consultation request, the consultant shall treat such hazards as if they were within the scope of the consultation request.(e) During the on-site consultation, the consultant shall point out hazards and violations observed, suggest approaches or options for corrective action, and provide additional information related to complying with applicable laws. The consultant shall prepare a written report, which shall be furnished to the employer, of all hazards observed and methods of abatement and may suggest where additional assistance may be secured. The consultant may follow through after the on-site consultation to assist in implementing recommendations and to assure that required corrective action is taken.(f) Information obtained by a consultant related to environmental hazards and violations may not be disclosed to enforcement officials, except when an employer fails or refuses to take corrective action to eliminate imminent danger or serious hazards.(g) No fees, penalties or costs may be assessed against the employer.(h) The use of the consultation services contemplated by this article by any employer shall raise no presumption, inference, or defense to any action, order, citation, charge, rule to show cause, or any other enforcement effort brought against such employer by any agency of the State of West Virginia.