West Virginia, like many other states, has an official state plan. In 1998, West Virginia’s OSHA regulatory program (WV Code 21-3A) was officially certified. While the state oversees many workplaces, a significant number of private-sector workers remain under federal OSHA jurisdiction. Consequently, the U.S. Department of Labor continues to conduct regular inspections, issue fines, and carry out enforcement activities in those workplaces.
Public sector workers in West Virginia are overseen by the West Virginia Division of Labor. However, employees of the West Virginia Legislature, the Department of Health, and the Department of Prisons are specifically exempt from State OSHA regulations.
Since Federal OSHA mandates training on specific health and safety topics, and most employers in West Virginia require OSHA training to ensure workers are knowledgeable about occupational safety, OSHA recommends entry-level workers complete the OSHA 10 Hour courses and supervisors complete the OSHA 30 Hour courses.
Furthermore, according to West Virginia Law 21-3-22, employees working on construction projects valued over $500,000 must obtain their OSHA 10 Hour Construction Certification within 21 days of their hire. This requirement applies to both construction and reconstruction projects.
