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Introduced Version Senate Bill 577 History

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Key: Green = existing Code. Red = new code to be enacted
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Senate Bill No. 577

(By Senators Cann, Beach, Edgell, Facemire, Fitzsimmons, Green, D. Hall, Kirkendoll, Miller, Tucker, Williams, Yost, Plymale and Snyder)

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[Introduced February 14, 2014; referred to the Committee on the Judiciary; and then to the Committee on Finance.]

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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 Department of Health and Human Resources, 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 Department 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.

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