reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-09 - Child Labor Rule › Section 42-9-9 - Application for and Issuance of a Supervision Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. When a minor wants to be employed under
				special circumstances, the Division's supervision permit form, available from
				the Commissioner and the Division's website (labor.wv.gov), shall be completed
				by the minor's prospective employer and the minor's parent.
9.2. The Division's supervision permit
				consists of three parts, as follows:
9.2.1.
				The minor's prospective employer shall complete Part A, to include the
				following information:
9.2.1.a. a description
				of the employer's business;
9.2.1.b. a detailed description of proposed
				terms and conditions of the minor's job, including the minor's work schedule,
				the days and hours of work each week, and total hours of work each
				week;
9.2.1.c. a detailed
				description of the proposed tasks the minor will perform, and specification of
				the machines and equipment the minor will use;
9.2.1.d. the name and job title of the person
				who is going to supervise the minor, the length of time the responsible
				supervisor has been employed by the employer, the specifics of the responsible
				supervisor's work schedule and a description of how the responsible supervisor
				will supervise the minor;
9.2.1.e.
				an explanation of the minor's special circumstances that are relevant to the
				proposed tasks the minor will perform and the machines and equipment the minor
				will use;
9.2.1.f. an explanation
				of how and why the proposed job will be in the minor's best interests;
				and
9.2.1.g. a statement that the
				employer is not subject to federal regulation regarding child labor;
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-09 - Child Labor Rule › Section 42-9-10 - Application for and Issuance of a Blanket Work Permit; Employer Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. When an
				employer wants to employ 25 or more children ages 14 through 15 for a
				short-term period of 90 days or less, the employer shall apply for a blanket
				work permit directly to the Commissioner on the Division's form available on
				the Division's website (labor.wv.gov).
10.2. The application for a blanket work
				permit shall include the following:
10.2.1. A
				letter from the employer acknowledging his or her familiarity with the Act and
				this rule, and his or her intent to abide by and comply with the Act and this
				rule; and
10.2.2. A list of the
				names, birth dates, ages, date the employment will begin and end, and job
				description or tasks for each minor to be included in the blanket work
				permit.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-09 - Child Labor Rule › Section 42-9-11 - Revocation of a Work Permit, Age Certificate, Supervision Permit, or Blanket Work Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. If the
				Commissioner determines that a work permit, an age certificate, a supervision
				permit, or a blanket work permit was improperly issued, or contains inaccurate
				or false information, he or she may revoke it.
11.2. If the Commissioner revokes a work
				permit, an age certificate, a supervision permit, or a blanket work permit, he
				or she shall immediately notify the county superintendent, authorized person,
				or issuing administrator, as applicable, and the employer in writing of the
				revocation.
11.3. Upon receipt of
				the revocation, the employer shall immediately end the minor's
				employment.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-09 - Child Labor Rule › Section 42-9-12 - Minors Ages 16 and 17 Engaging in Volunteer Fire Department Activities; Responsibilities of the Volunteer Fire Department; Prohibited and Permitted Activities

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. A 16 or 17
				year old minor may be employed by or elected as a member of a volunteer fire
				department to perform fire-fighting functions, other than those prohibited
				functions listed in subsection 12.3 of this section, if he or she:
12.1.1. Is enrolled in, is participating in,
				or has completed the minimum training requirements of one of the following
				programs:
12.1.1.a. the West Virginia
				Department of Education Public Service Fire Service Training;
12.1.1.b. the West Virginia State Fire
				Commission;
12.1.1.c. the West
				Virginia University Fire Service Extension Junior Firefighter Training;
				or
12.1.1.d. an equivalent approved
				program; and
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-10 - Zipline and Canopy Tour Responsibility Act › Section 42-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule sets the minimum acceptable safety standards for the
				installation, repair, use, operation, maintenance and inspection of ziplines
				and canopy tours and establishes procedures for the issuance of permits for
				ziplines and canopy tours.
1.2.
				Authority. -- W. Va. Code §§
									21-15-6,
				21-15-8.
1.3. Filing Date. -- March 23,
				2018.
1.4. Effective Date. -- March
				30, 2018.
1.5. Sunset Date. This
				rule shall terminate and have no further force or effect on March 30,
				2028.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-10 - Zipline and Canopy Tour Responsibility Act › Section 42-10-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Application. This legislative rule
				applies to the West Virginia Division of Labor and all persons, ziplines and
				canopy tours governed or otherwise within the purview of the Zipline and Canopy
				Tour Responsibility Act.
2.2.
				Enforcement. The enforcement of this legislative rule is vested with the West
				Virginia Division of Labor.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-10 - Zipline and Canopy Tour Responsibility Act › Section 42-10-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "ACCT" means
				and refers to the Association for Challenge Course Technology, P. O. Box 47,
				Deerfield, IL 60015.
3.2. "Act"
				means the Zipline and Canopy Tour Responsibility Act, W. Va. Code §
									21-15-1
et seq
.
3.3.
				"Certificate of inspection" means the permit to operate issued by the
				Commissioner, stating the name and location of the zipline or canopy tour owner
				or operator, the zipline or canopy tour device number, the type of device, the
				date of installation, the name of the installer and the date that operations
				may begin.
3.4. "Commissioner"
				means the Commissioner of the West Virginia Division of Labor or his or her
				designated representatives.
3.5.
				"Complete application" means an application that includes all the information
				required in section 5 of this rule.
3.6. "Contested application" means an
				application that the Commissioner challenges, which can include, but is not
				limited to, incomplete information.
3.7. "Device" means a zipline, a canopy tour
				or a challenge course.
3.8. "Final
				action" means the issuance or denial of an application for a permit.
3.9. "Imminent danger" means a practice or
				condition which could reasonably be expected to cause death or serious injury
				to participants, operators and/or the general public.
3.10. "Inspector" means a person employed by
				the Division who meets the training and experience requirements set forth in
				the ACCT Challenge Course and Canopy/Zip Line Tour Standards, Seventh Edition,
				Chapter 5, Section C or substantially equivalent training and experience
				requirements.
3.11. "Serious
				injury" means an injury that is directly related to any mechanical, electrical,
				operational or structural malfunction of a zipline or canopy tour that results
				in death, loss of consciousness, or requires medical treatment other than first
				aid by a physician or other medical professional for which a record is
				created.
3.12. "Special inspector
				certification" means the document issued by the Commissioner to a special
				inspector upon receipt of a complete application, certifying that the
				individual is qualified to inspect ziplines and canopy tours.
3.13. "Unscheduled cessation of operation"
				means an unplanned cessation of operation of a zipline or canopy tour due to
				any mechanical, electrical, operational or structural malfunction, modification
				or adjustment or due to any environmental conditions, including
				weather.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-10 - Zipline and Canopy Tour Responsibility Act › Section 42-10-4 - Adoption of Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
The ACCT "Challenge Course and Canopy Zip Line Tour
				  Standards," 7th edition, 2008, are adopted and
				  incorporated by reference.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-10 - Zipline and Canopy Tour Responsibility Act › Section 42-10-5 - Application for Permit to Operate Required; Permit Application Requirements; Permit Fee; Certificate of Inspection; Application Amendments

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Before
				beginning the operation of a zipline or canopy tour in West Virginia for
				participant use, the owner or operator shall submit a written application for a
				permit to operate at least 15 days before the first intended date of use and
				provide all information as the Commissioner may require on a form supplied by
				the Division.
5.2. An owner of a
				zipline or canopy tour shall include the following information in the
				application:
5.2.a. The name, address,
				telephone number, email address (if applicable) and website address (if
				applicable) of the zipline or canopy tour operator;
5.2.b. Identification of each device,
				including its location, dates of operation, date of installation, and the name
				and address of the installer of the zipline or canopy tour equipment;
5.2.c. Documentation of a commercial general
				liability insurance policy covering claims for personal injury, death and
				property damages arising from the operation of a zipline or canopy tour in
				amounts not less than those specified in W. Va. Code §
										21-15-3(4);
5.2.d. The most recent inspection report
				prepared by an inspector or special inspector, including a certification that
				the inspection fee has been paid, or a request for inspection by the Division
				and a check for the inspection fee, as specified by W. Va. Code §
										21-15-7(a).
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-10 - Zipline and Canopy Tour Responsibility Act › Section 42-10-6 - Annual Inspection Required; Issuance of a Permit to Operate; Emergency Contact Protocol

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. An
				inspector or special inspector shall inspect a zipline or canopy tour and
				determine that it complies with the Act and this rule before a permit to
				operate may be issued.
6.2. A
				permit to operate shall be in the form of a certificate of inspection, which
				shall include the date or dates of the inspection.
6.3. A zipline or canopy tour operator shall
				post a copy of the certificate of inspection in close proximity to the entry to
				the zipline or canopy tour or other location where it is readily visible to
				participants.
6.4. With the
				issuance of each permit to operate, the Division shall furnish its emergency
				contact protocol for the reporting of a serious accident, fatality, or other
				emergency, which shall include 24/7 electronic and telephone access.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-10 - Zipline and Canopy Tour Responsibility Act › Section 42-10-7 - Qualifications and Certification of Special Inspectors

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A person applying for certification as a
				special inspector shall make application annually on a form provided by the
				Commissioner.
7.2. An applicant
				shall furnish documentation of the following with the application:
7.2.a. Experience and training that comply
				with the requirements set forth in the Challenge Course Standards; or
7.2.b. Experience and training that the
				Commissioner has determined in advance are substantially equivalent to the
				requirements set forth in the Challenge Course Standards.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-10 - Zipline and Canopy Tour Responsibility Act › Section 42-10-8 - Commercial General Liability Insurance

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Commissioner may, in his or her
				discretion, require the zipline or canopy tour operator to submit the complete
				insurance policy or contract.
8.2.
				A zipline or canopy tour operator shall obtain an insurance policy issued by a
				carrier licensed or approved to transact business by the WV Offices of the
				Insurance Commissioner.
8.3. The
				Commissioner shall not accept any commercial general liability insurance policy
				unless it obligates the insurer to give written notice to the Commissioner at
				least 30 days before any proposed cancellation, suspension or non-renewal of
				the policy.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-10 - Zipline and Canopy Tour Responsibility Act › Section 42-10-9 - Unscheduled Cessation of Operation

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Following any unscheduled cessation of
				operation, the operator of a zipline or canopy tour shall immediately have the
				participants safely removed or unloaded from the zipline or canopy
				tour.
9.2. If the operator
				determines that the zipline or canopy tour can safely resume operation, the
				qualified person shall first operate the zipline or canopy tour without
				participants to ensure that the cause of the unscheduled cessation of operation
				has been corrected.
9.3. The
				operator shall document any unscheduled cessation of operation, including the
				identification of the zipline or canopy tour, the name of the employee
				operating the zipline or canopy tour during the unscheduled cessation, and a
				complete description of the incident, including the date, time, weather
				conditions, location, number of participants, etc.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-10 - Zipline and Canopy Tour Responsibility Act › Section 42-10-10 - Operating a Zipline or Canopy Tour Without a Permit; Cease and Desist Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Upon a determination that a person is operating or allowing the operation of a
				zipline or canopy tour without a permit, the Commissioner shall issue a cease
				and desist order requiring the person to immediately cease operating, or
				allowing the operation of, the zipline or canopy tour.
10.2. The owner or operator of zipline or
				canopy tour shall post the cease and desist order in a location where it is
				readily visible to participants.
10.3. If the owner or operator continues to
				operate or permit the operation of a zipline or canopy tour after the issuance
				of a cease and desist order, the Commissioner may seek a temporary or permanent
				restraining order or injunction to prohibit the continuing operation of the
				zipline or canopy tour.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-10 - Zipline and Canopy Tour Responsibility Act › Section 42-10-11 - Imminent Danger

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. If
				the Commissioner or a special inspector determines that a zipline or canopy
				tour presents an imminent danger, he or she shall immediately give written
				notification to the zipline or canopy tour owner or operator, advising him or
				her that the zipline or canopy tour shall be immediately removed from
				service.
11.2. If the owner or
				operator does not immediately remove the zipline or canopy tour from service,
				the inspector shall immediately report the imminent danger to the
				Commissioner.
11.3. If the owner or
				operator does not immediately remove the zipline or canopy tour from service,
				the Commissioner may seek a temporary or permanent restraining order or
				injunction to prohibit the continuing operation of the zipline or canopy
				tour.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-10 - Zipline and Canopy Tour Responsibility Act › Section 42-10-12 - Serious Injury or Fatality

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. If a participant or member of the
				general public is involved in an accident related to the operation of a zipline
				or canopy tour that results in a serious injury or a fatality, the owner or
				operator shall immediately shut down the operation of the zipline or canopy
				tour and secure the safety of other participants and the general
				public.
12.2. An owner or operator
				shall ensure that the scene of a serious injury or fatality is left intact from
				the time of the accident and shall ensure that the zipline or canopy tour
				involved is not removed from the scene of the accident without written
				authorization from the Commissioner or a law enforcement officer.
12.3. The owner, operator, and any employees
				who witnessed the accident or who operated the zipline or canopy tour when the
				accident occurred shall be available to be interviewed by the
				Commissioner.
12.4. The owner of
				the zipline or canopy tour shall make a report of the injury or fatality to the
				Commissioner within 24 hours of its occurrence, using the Division's emergency
				contact protocol.
12.4.a. After the owner of
				the zipline or canopy tour notifies the Commissioner of a serious injury or
				fatality, the Commissioner shall, with reasonable promptness, advise the owner
				whether the zipline or canopy tour shall remain shut down pending investigation
				and inspection or whether it can be placed back in service.
12.4.b. In deciding whether the zipline or
				canopy tour shall remain shut down or whether it can be placed back in service,
				the Commissioner's sole consideration shall be the safety of participants and
				the general public.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-10 - Zipline and Canopy Tour Responsibility Act › Section 42-10-13 - Reports and Records

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The
				owner of the zipline or canopy tour shall retain all reports, documents,
				photographs and records required by this rule for not less than three (3) years
				from the date of the unscheduled cessation, imminent danger notification, or
				serious injury or fatality.
13.2.
				If an owner violates any provision of this section of the rule, the
				Commissioner may permanently revoke the permit to operate.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-12 - Bedding and Upholstered Furniture › Section 42-12-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule is for the enforcement of all matters concerning the regulation of bedding
				and upholstered furniture pursuant to W. Va. Code §
									47-1A-1
et seq
.
1.2.
				Authority. -- W. Va. Code §
									47-1A-15.
1.3. Filing Date. -- March 23,
				2018.
1.4. Effective Date. -- March
				30, 2018.
1.5. Sunset Date. This
				rule shall terminate and have no further force or effect on March 30,
				2028.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-12 - Bedding and Upholstered Furniture › Section 42-12-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Application. This rule applies to all
				persons governed or otherwise within the purview of the Regulation and Control
				of Bedding and Upholstery Businesses Act, W. Va. Code §
									47-1A-1
et seq
.
2.2.
				Enforcement. The enforcement of this rule is vested with the West Virginia
				Division of Labor.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-12 - Bedding and Upholstered Furniture › Section 42-12-4 - Adoption of IABFLO's Standardized Classification of Filling Materials and Uniform Law Labels

Current through Register Vol. XLI, No. 28, July 12, 2024
The following documents are adopted and incorporated by
				  reference:
4.1. IABFLO's
				"Classification of Filling Materials"; and
4.2. IABFLO's "Uniform Law Labels."
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-12 - Bedding and Upholstered Furniture › Section 42-12-5 - Registration Certificate Required; Validity

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Before manufacturing, renovating, or
				upholstering any article of bedding, upholstered furniture or filling material
				for shipment into or for sale or rental in this State, a manufacturer,
				renovator or upholsterer shall submit a complete application for a registration
				certificate to the Commissioner on a form provided by the Division.
5.2. A registration certificate expires
				annually on June 30.
5.3. A
				registration certificate is valid for the business location and name as stated
				on the certificate, and is not valid if transferred or assigned to any other
				business location or name.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-12 - Bedding and Upholstered Furniture › Section 42-12-6 - Initial and Renewal Application for a Registration Certificate; Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A
				manufacturer, renovator or upholsterer shall submit a separate application for
				a registration certificate for each business location or name.
6.2. An applicant for an initial or renewal
				manufacturer, renovator or upholsterer registration certificate shall include a
				$90.00 fee for each business location or name in United States currency.
6.2.a. If the applicant submits the fee by
				check, the check shall be drawn on a bank that has a banking charter or license
				issued by a state in the United States or is chartered by the Office of the
				Comptroller of the Currency.
6.2.b.
				If the applicant submits the fee by check drawn on a bank not chartered or
				licensed by a state in the United States or not chartered by the Office of the
				Comptroller of the Currency, the Commissioner shall refuse the check and return
				it to the applicant.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-12 - Bedding and Upholstered Furniture › Section 42-12-7 - Sterilization Permit Required; Posting of the Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Before sterilizing any article of
				bedding, upholstered furniture or filling material for shipment into, or for
				sale or rental in this State, a sterilizer shall submit a complete application
				for a sterilization permit to the Commissioner on a form provided by the
				Division.
7.2. A sterilization
				permit expires annually on June 30.
7.3. A sterilization permit is valid for the
				business location and name as stated on the permit, and is not valid if
				transferred or assigned to any other business location or name.
7.4. The sterilizer shall ensure that the
				sterilization permit is conspicuously posted near the sterilizing
				equipment.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-12 - Bedding and Upholstered Furniture › Section 42-12-8 - Initial and Renewal Application for a Sterilization Permit; Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A sterilizer
				shall submit a separate application for a sterilization permit for each
				business location or name.
8.2. An
				applicant for an initial or renewal sterilization permit shall include a $90.00
				fee for each business location or name in United States currency. The preferred
				method for payment of the application fee is by credit card.
8.2.a. If the applicant submits the fee by
				check, the check shall be drawn on a bank that has a banking charter or license
				issued by a state in the United States or is chartered by the Office of the
				Comptroller of the Currency.
8.2.b.
				If the applicant submits the fee by check drawn on a bank not chartered or
				licensed by a state in the United States or not chartered by the Office of the
				Comptroller of the Currency, the Commissioner shall refuse the check and return
				it to the applicant.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-12 - Bedding and Upholstered Furniture › Section 42-12-9 - Issuance of a Registration or Permit Number

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Upon receipt of complete application for
				a registration certificate or sterilization permit, the Division shall assign a
				registration or permit number to the applicant, or shall use the applicant's
				uniform registry number, if one is available.
9.2. The Division shall assign or use a
				unique registration or sterilization number for each business name or
				location.
9.3. A manufacturer,
				renovator, upholsterer or sterilizer shall use either the registration or
				permit number assigned by the Division or the uniform registry number on all
				labels or tags required by the Act or this rule.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-12 - Bedding and Upholstered Furniture › Section 42-12-10 - Tags or Labels Required; Information Required

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. "All New Material" white tag or label.
10.1.a. A manufacturer shall ensure that a
				white tag or label is properly attached to an article of bedding, upholstered
				furniture or filling material that contains all new material, and that the
				white tag or label conforms to the provisions of W. Va. Code §§
										47-1A-11
				and -12.
10.1.b. When the bedding,
				upholstered furniture or filling material does not require sterilizing, the
				"All New Material" white tag or label shall conform to either the sample tag in
				Appendix A of this rule or the tag as recommended by IABFLO .
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-13 - Safety Glazing Act › Section 42-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These interpretive regulations is intended to define and clarify the intent of
				the legislation enacted as W. Va. Code '47-5 et seq. It is also the objective
				of this information to further define the term "Hazardous Locations" and some
				of the other terms "words of art" used in the Act to aid in the interpretation
				of the provisions therein.
1.2.
				Authority. -- W. Va. Code '47-5-1.
1.3. Filing Date. -- December 31,
				1982.
1.4. Effective Date. --
				August 6, 1971.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-13 - Safety Glazing Act › Section 42-13-2 - Intent of the safety glazing act

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The intent of the legislation is to
				protect the consumer and encourage the highest standards of construction safety
				by requiring safety glazing materials in "Hazardous Locations" in residential,
				commercial or public buildings in which, historically, the use of ordinary
				annealed glass has been the cause of high incidence of accidental injuries and
				deaths resulting from people accidentally walking or running into or falling
				against and breaking through, the ordinary annealed glass.
The provisions of the legislature apply to those "Hazardous
				  Locations" in new construction and those "Hazardous Locations" in existing
				  construction when the glazing material is replaced.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-13 - Safety Glazing Act › Section 42-13-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Hazardous
				Locations" - Experience, injury statistics, and investigative surveys, have
				indicated that most accidental injuries involving ordinary annealed flat glass
				are limited to certain glazed installations or areas which have become
				classified as "Hazardous Locations".
These "Hazardous Locations" are those glazed installations
				  used in residential buildings, and other structures used as dwellings,
				  commercial buildings and public buildings, which because of their location in
				  these buildings or structures, present a barrier in the normal path travelled
				  by persons going into or out of these buildings and thus the glazing material
				  is exposed to frequent and recurrent physical contact by people.
Specifically, the "Hazardous Locations" covered by the Act
				  are:
(a) Sliding glass
				doors.
(b) Storm doors.
(c) Bathtub enclosures.
(d) Shower doors.
(e) Framed or unframed glass entrance
				doors.
(f) Fixed glazed panels
				adjacent to entrance doors or which may be mistaken for means of ingress or
				egress.
(g) Other installations
				designated as "Hazardous Locations" by the Commissioner of the West Virginia
				Division of Labor after notice and hearings as required by the
				legislation.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-15 - WV Occupational Safety And Health Act › Section 42-15-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule governs the workplace safety and health of employees, adopts
				federal and state standards, establishes record keeping and reporting
				requirements, provides for inspections and investigations and the issuance of
				citations and penalties, establishes a complaint and appeal process and
				education and training, and provides for optional coverage.
1.2. Authority. -- W. Va. Code '21-3A-6.
1.3. Filing Date. -- April 13,
				1998.
1.4. Effective Date. -- April
				15, 1998.
1.5. Repeal and Replace
				-- This rule repeals and replaces the Division of Labor rule, West Virginia
				Occupational Safety and Health Act, 42CSR15 that was effective April 1,
				1988.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-15 - WV Occupational Safety And Health Act › Section 42-15-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Application. This legislative rule
				governs all public employers, public employees and public workplaces within the
				state of West Virginia.
2.2.
				Enforcement. Enforcement of this legislative rule is vested with the West
				Virginia Division of Labor.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-15 - WV Occupational Safety And Health Act › Section 42-15-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Act" means
				the West Virginia Occupational Safety and Health Act, W. Va. Code
				'21-3A-1, et
				seq.
3.2. "Commission" means the
				occupational safety and health review commission as established by W. Va. Code
				'21-3A-10.
3.3. "Commissioner" means the commissioner of
				the West Virginia Division of Labor or his or her designated
				representative.
3.4. "Division"
				means the West Virginia Division of Labor.
3.5. "Employee" or "employees" includes any
				person suffered or permitted to work by an employer.
3.6. "Employer" means a public employer and
				includes the state or any department, division, bureau, board, commission,
				council, agency or authority of the state, but shall not include the Division
				of Corrections, the Division of Health and the Legislature.
3.7. "Imminent danger" means any conditions
				or practices in any place of employment which 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 procedure.
3.8.
				"Person" means one or more individuals.
3.9. "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.
3.10. 'Workplace" means a place where
				employees are assigned to work but shall not include any place inspected or
				regulated by the Federal Occupational Safety and Health Administration, the
				Federal Mine Safety and Health Administration, or facilities under the
				authority and occupied solely by the Division of Corrections, the Division of
				Health and the Legislature.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-15 - WV Occupational Safety And Health Act › Section 42-15-4 - Adoption of Federal Standards; Additional State Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The code of federal regulations, 29 CFR
				'1900-1999, setting forth all occupational safety and health standards as
				recognized by the United States Secretary of Labor under the authority of the
				Occupational Safety and Health Act of 1970, as in effect on the effective date
				of this rule, are incorporated by reference as the state standards.
4.2. Additional state standards.
[RESERVED]
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-15 - WV Occupational Safety And Health Act › Section 42-15-5 - Duties of Employers and Employees

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Each employer shall:
(a) Furnish to each of his or her employees
				employment and a place of employment which are free from recognized hazards
				causing or likely to cause death or serious physical harm to the
				employees;
(b) Comply with all
				safety and health standards as adopted by this rule;
(c) Comply with all orders and directives
				issued by the commissioner;
(d)
				Provide safety and health training to each employee with particularity to his
				or her respective work assignment. The employer may contract for training
				services, and utilize training packages and services available from the
				division or may design and utilize his or her own individual training program.
				The employer shall submit to the Commissioner for prior approval, all training
				programs utilized by the employer to insure that they fully comply with the
				provisions of this rule and W. Va. Code '21-3A-1 et
				seq;
(e) Maintain records of
				occupational injuries and illnesses in accordance with the requirements of 29
				CFR '' 1900-1999; and
(f) Notify
				the Commissioner within eight hours of the occurrence of ; i) any workplace
				fatality; iI) or any single accident which requires emergency room treatment or
				the hospitalization of three (3) or more employees.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-15 - WV Occupational Safety And Health Act › Section 42-15-6 - Inspections and Investigations

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Commissioner shall perform
				inspections and investigations at any work place or environment where work is
				performed by an employee. Each workplace shall be inspected in response to
				complaints filed, upon employer request and as the commissioner determines that
				conditions may warrant.
6.2. Any
				employee or representative of employees who believes that there exists a
				violation of a standard or that there is an imminent danger of physical harm,
				may request an inspection.
(a) A request for
				inspection shall include:
(1) The name of the
				employee, employees or representative of the employees making the request and
				shall include the employee=s, employees= or employees representative=s address
				and telephone number ;
(2) With
				particularity, the grounds for the request, including the standard or standards
				believed to be violated, if known;
(3) The name and address of the
				employer;
(4) The physical location
				of the alleged violation or violations;
(5) The signature of the employee, employees
				or employee representative;
(6) The
				date of the request; and
(7) A
				statement by the person or persons making the request for inspection that a
				copy of the request has been provided to the employer and the date that the
				notice was given. Provided, However that upon the request of the person making
				the request for inspection, the name or names of the person or persons making
				the request shall not appear in the copy or on any record published, released
				or made available pursuant to W. Va. Code '21-3A-8(g).
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-15 - WV Occupational Safety And Health Act › Section 42-15-7 - Citations

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. If, upon
				inspection or investigation, the Commissioner or his or her designated
				representative determines that an employer has violated any safety and health
				standard, or finds a condition which poses a recognized hazard likely to cause
				death, serious injury or illness, the Commissioner shall issue a citation to
				the employer or employee.
(a) The citation
				shall be in writing and delivered by personal service or certified
				mail.
(b) The citation shall state
				with particularity the nature of the violation, including a reference to the
				provision of the Act, or the standard, rule or order alleged to have been
				violated. The citation shall fix a date by which the employer or employee shall
				correct the violation.
(c) The
				citation shall contain a notification informing the employer or employee that
				he or she has fifteen (15) days from receipt of the citation to contest the
				citation or seek a variance. A request to contest a citation or to seek a
				variance shall be in writing, addressed to the Commissioner. If the employer or
				employee fails to contest the citation or seek a variance, the citation, as
				proposed, becomes final and is not subject to review by any court or
				agency.
(d) If the employer or
				employee fails to contest the citation or seek a variance and fails to correct
				the violation by the correction date contained in the citation, the
				Commissioner shall seek judicial enforcement to compel compliance with the
				citation.
(e) If the employer or
				employee contests a citation or request a variance, the Commissioner shall
				immediately advise the commission, which shall afford the employer or employee
				an opportunity for a hearing.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-15 - WV Occupational Safety And Health Act › Section 42-15-8 - Research; Education and Training Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Commissioner shall annually collect
				data from employer records of occupational injuries and illnesses. The
				Commissioner shall use this data to analyze the performance of employers and
				employees and to evaluate the effectiveness of existing safety and health
				programs.
8.2. The Commissioner may
				initiate any other research project he or she considers necessary to reduce the
				numbers and severity of occupational injuries and illnesses when he or she
				detects abnormally high rates of occurrence during the annual review or by
				on-site inspection.
8.3. The
				Commissioner shall develop directly, or by grants or contract, basic
				occupational safety and health training courses with a level of diversity
				necessary to provide training specific to all work environments covered by this
				rule. These basic courses shall be designed to be suitable for all
				employees.
8.4. The Commissioner
				shall develop directly, or by grants or contract, technical training courses
				designed to train and update management level personnel and those charged with
				occupational safety and health over-site responsibilities within a specific
				work environment. These technical courses shall provide a level of diversity
				necessary to meet the needs of any work environment covered by this
				rule.
8.5. The Commissioner may
				require special training of employers and employees in work environments where
				research data indicates abnormally high occurrences of occupational injuries
				and illnesses or where an unusual hazard exposure exists.
8.6. In the development of all training
				programs, the Commissioner shall consult with and advise affected employers,
				employees and employee representatives as to the effective means of preventing
				occupational injuries and illnesses.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-15 - WV Occupational Safety And Health Act › Section 42-15-9 - Optional Coverage By Political Subdivisions

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Any county or municipality or
				department, division, bureau, board, council, agency or authority thereof or
				school district or special purpose district which elects to be covered by the
				Act shall provide to the Commissioner a true copy, with its seal attached, of
				the ordinance, resolution or other legal procedure followed explicitly electing
				coverage. The ordinance, resolution or other legal procedure followed shall
				specifically state the body will enter into an agreement with the Commissioner
				specifically identifying:
(a) Which workplace
				and/or group of employees are to be covered;
(b) That the coverage will be for a period of
				not less than twelve months from the date of the agreement with the
				Commissioner; and
(c) That the body
				agrees to abide by all training requirements, citations, directives or orders
				of the Commissioner or commission which arise during the coverage period, and
				even if they become final after the coverage period expires.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-16 - Standards For Weights And Measurers Inspectors Adoption Of NBS Handbook 130, 1987 Edition › Section 42-16-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				National Bureau of Standards (NBS) Handbook 130, now known as the National
				Conference of Weights and Measures (NCWM) Handbook 130, adopts Uniform Laws and
				Regulations to achieve, to the maximum extent possible, standardization in
				weights and measures laws and regulations among the various States and local
				jurisdictions in order to facilitate trade between the States, permit fair
				competition among businesses, and provide uniform and sufficient protection to
				all consumers in weights and measures issues.
1.2. Authority. -- W. Va. Code §
									47-1-3(c).
1.3. Filing Date. -- May 8, 2009.
1.4. Effective Date. -- June 1,
				2009.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-16 - Standards For Weights And Measurers Inspectors Adoption Of NBS Handbook 130, 1987 Edition › Section 42-16-2 - Incorporation By Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
The National Bureau of Standards Handbook 130, now known as
				  the National Conference of Weights and Measures (NCWM) Handbook 130, is hereby
				  incorporated by reference as legislative rules and regulations governing
				  inspectors and county and city sealers in the performance of their duties in
				  accordance with W. Va. Code
				  47-1-19.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-17 - Amusement Rides and Amusement Attractions Safety Act › Section 42-17-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule sets the minimum safety standards for the installation, repair, use,
				operation, maintenance and inspection of amusement rides and attractions and
				establishes procedures for the registration, inspection, issuance of permits,
				collection of annual fees, and the certification of inspectors, special
				inspectors, and limited specialty inspectors.
1.2. Authority. -- W. Va. Code §
									21-10-3.
1.3. Filing Date. -- March 22,
				2018.
1.4. Effective Date. -- March
				30, 2018.
1.5. Sunset Date. This
				rule shall terminate and have no further force or effect on March 30,
				2028.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-17 - Amusement Rides and Amusement Attractions Safety Act › Section 42-17-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. This rule applies to all persons, amusement rides and amusement
				attractions governed or otherwise within the purview of the Amusement Rides and
				Amusement Attractions Safety Act.
2.2. Enforcement. The enforcement of this
				rule is vested with the West Virginia Division of Labor.