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Chapter 21     Entire Code


ARTICLE 1. DIVISION OF LABOR.

ARTICLE 1A. LABOR-MANAGEMENT RELATIONS ACT FOR THE PRIVATE SECTOR.

ARTICLE 1B. VERIFYING LEGAL EMPLOYMENT STATUS OF WORKERS.

ARTICLE 1C. WEST VIRGINIA JOBS ACT.

ARTICLE 1D. WEST VIRGINIA ALCOHOL AND DRUG-FREE WORKPLACE ACT.

ARTICLE 2. EMPLOYMENT AGENCIES.

ARTICLE 3. SAFETY AND WELFARE OF EMPLOYEES.

ARTICLE 3A. OCCUPATIONAL SAFETY AND HEALTH ACT.

ARTICLE 3C. ELEVATOR SAFETY.

ARTICLE 3D. CRANE OPERATOR CERTIFICATION ACT.

ARTICLE 3E. THE WEST VIRGINIA SAFER WORKPLACE ACT.

ARTICLE 4. HOURS OF LABOR.

ARTICLE 5. WAGE PAYMENT AND COLLECTION.

ARTICLE 5A. WAGES FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS.

ARTICLE 5B. EQUAL PAY FOR EQUAL WORK.

ARTICLE 5C. MINIMUM WAGE AND MAXIMUM HOURS STANDARDS FOR EMPLOYEES.

ARTICLE 5D. THE PARENTAL LEAVE ACT.

ARTICLE 5E. EQUAL PAY FOR EQUAL WORK FOR STATE EMPLOYEES.

ARTICLE 5F. NURSE OVERTIME AND PATIENT SAFETY ACT.

ARTICLE 5G. WEST VIRGINIA WORKPLACE FREEDOM ACT.

ARTICLE 5H. EMPLOYEE PERSONAL SOCIAL MEDIA.

ARTICLE 6. CHILD LABOR.

ARTICLE 7. INDUSTRIAL HOMEWORK.

ARTICLE 8. WEST VIRGINIA COMMISSION ON MANPOWER, TECHNOLOGY AND TRAINING.

ARTICLE 9. MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS.

ARTICLE 10. AMUSEMENT RIDES AND AMUSEMENT ATTRACTIONS SAFETY ACT.

ARTICLE 11. WEST VIRGINIA CONTRACTOR LICENSING ACT.

ARTICLE 11A. NOTICE AND OPPORTUNITY TO CURE CONSTRUCTION DEFECTS.

ARTICLE 12. COMMERCIAL BUNGEE JUMPING SAFETY ACT.

ARTICLE 13. CONVENIENCE FOOD STORES SAFETY ACT.

ARTICLE 14. SUPERVISION OF PLUMBING WORK.

ARTICLE 15. ZIPLINE AND CANOPY TOUR RESPONSIBILITY ACT.

ARTICLE 16. REGULATION OF HEATING, VENTILATING AND COOLING WORK.

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.

§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.

§21-3B-3.

Repealed.

Acts, 2015 Reg. Sess., Ch. 53.

§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.

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