West Virginia


There shall be a state department of labor, which shall be under the control and management of a state commissioner of labor. ...


The state commissioner of labor shall be appointed by the governor, by and with the advice and consent of the senate. He shall be a competent person, who is identified with the labor interests...


The commissioner of labor and his authorized representatives shall have the power and authority in the discharge of their duties, to enter any place of employment or public institution, for...


It shall be the duty of the commissioner of labor to collect, compile and present to the governor, on or before the first day of December of each year, an annual report, with statistical...


Pursuant to article ten [ 4-10-1 et seq.], chapter four of this code, the division of labor shall continue to exist until the first day of July, two thousand four, unless sooner...


(a) It is hereby declared to be the public policy of this State and the purposes of this article to encourage the practice and procedure of collective bargaining by protecting the exercise...


(a) When used in this article: (1) Person includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees...


Employees shall have the right to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in...


(a) It shall be an unfair labor practice for an employer: (1) To interfere with, restrain or coerce employees in the exercise of the rights guaranteed in section three [ 21-1A-3] of...


(a) Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes shall be the exclusive...


(a) The board is empowered, as hereinafter provided, to prevent any person from engaging in any unfair labor practice specified in section four [ 21-1A-4] of this article. The authority and...


(a) Suits for violation of contracts between an employer and a labor organization, or between labor organizations, may be brought in any circuit court of this State having jurisdiction of...


If any provision of this article, or the application of any provision to any person or circumstance, shall be held invalid, the remainder of this article, or the application of any such...


The Legislature finds that employers have the responsibility to check the residence status of their prospective employees and are precluded from hiring illegal aliens and can be penalized...


(a) Employer means any individual, person, corporation, department, board, bureau, agency, commission, division, office, company, firm, partnership, council or committee of the state...


(a) It is unlawful for any employer to employ, hire, recruit, or refer, either for him or herself or on behalf of another, for private or public employment within the state, an alien who is...


Every employer, firm and corporation shall make such records of the persons he or she employs including records of proof of the legal status or authorization to work of all employees. Such...


(a) The first violation of the provisions of this article is a misdemeanor and, upon conviction thereof, a employer shall be fined not less than one hundred dollars nor more than one...


This article shall be called the West Virginia Jobs Act. ...


As used in this article: (1) The term construction project means any construction, reconstruction, improvement, enlargement, painting, decorating or repair of any public improvement let...


The Legislature finds that the rate of unemployment in this state is significantly higher than that of most other states and that a majority of West Virginia counties are designated as...


(a) Employers shall hire at least seventy-five percent of employees for public improvement construction projects from the local labor market, to be rounded off, with at least two employees...


(a) This article applies to expenditures for construction projects by any public authority for public improvements as defined by this article. (b) For public improvement projects let pursuant...


Any employer who violates any provision of this article is subject to a civil penalty of one hundred dollars per day of violation. ...


This article is effective from passage through the fifteenth day of March, two thousand six. ...


The commissioner of labor shall maintain in connection with his department a public agency to be known as the state public employment agency, for the purpose of receiving and filing...


The commissioner of labor may accept cooperation from the federal government in the establishment and maintenance within the State of such employment agency. The State of West Virginia...


It shall be the duty of the commissioner of labor to communicate with employers of labor, and said commissioner is authorized to advertise or use such other methods and means as he...

The term employment agent shall mean and include all persons, firms, corporations or associations, excepting municipal corporations, church and charitable associations, which furnish, to...


The commissioner of labor shall prescribe such rules and regulations as may be necessary for the supervision of employment agents. ...


No employment agent or any employee or agent thereof, shall make any false statement to any person seeking employment knowing the same to be false, in regard to any employment, work or...


No employment agent shall engage in the business for profit or receive any fee, charge commission or other compensation, directly or indirectly, for services as employment agent, without...


License to operate as an employment agent shall be issued only to citizens of the United States. ...


The state tax commissioner shall refuse to issue a license if, upon investigation, he finds that the applicant is unfit to engage in the business or has had a license previously revoked, or...


The state tax commissioner may revoke any license issued under the provisions of this article, with or without hearing, and may order such license to be returned for cancellation, if...


A record of all persons directed to employment shall be kept by every employment agent; such records shall set forth the name, age, nationality and material state of each applicant, and also...


For the purpose of enforcing this article and the rules and regulations issued thereunder, the commissioner of labor, or his duly authorized agent, may at any time enter any employment office,...


No employment agent shall furnish employment to any child in violation of the law regulating the labor of children or their compulsory attendance at school. ...


Any employment agent, as defined in this article, carrying on the business of an employment agency, without first fully complying with the provisions thereof, shall be deemed guilty of...


Nothing contained in this article shall apply to, nor prevent or interfere with, any person, firm, corporation or association employing labor for his, their or its business carried on in...



Every employer shall furnish employment which shall be reasonably safe for the employees therein engaged and shall furnish and use safety devices and safeguards, and shall adopt and use...


All power-driven machinery, including all saws, planers, wood shapers, jointers, sandpaper machines, iron mangles, emery wheels, ovens, furnaces, forges and rollers of metal; all projecting...

All hoistways, hatchways, elevators, wells and wheel holes in factories, mercantile establishments, mills or workshops, shall be securely fenced, inclosed or otherwise safely protected, and...


In every factory, mercantile establishment, mill or workshop, the installation, alteration, repair, moving, removal, maintenance and conversion of all electrical wiring and apparatus and...


No person shall remove or make ineffective any safeguard required by this article, during the active use or operation of the guarded machine or device, except for the purpose of immediately...


In every factory, mercantile establishment, mill or workshop, effective means shall be provided for immediately disconnecting the power, so that in case of need or accident any particular...


In all factories, mercantile establishments, mills or workshops, proper and substantial handrails shall be provided on all stairways, and the treads thereon shall be so constructed as to furnish...


Any person owning or operating a steam boiler carrying more than fifteen pounds pressure per square inch (except boilers on railroad locomotives subject to inspection under federal laws,...


Every person who shall light a pipe, cigar or cigarette in, or who shall enter with a lighted pipe, cigar or cigarette, any factory, mercantile establishment, mill or workshop in which is...


In all factories, mercantile establishments, mills or workshops, sufficient and reasonable means of escape in case of fire shall be provided, and such means of escape shall at all times be...


No employee shall take or be allowed to take food into any room or apartment in any factory, mercantile establishment, mill or workshop, where white lead, arsenic, or other poisonous...


During the course of a workday of six or more hours, all employers shall make available for each of their employees, at least twenty minutes for meal breaks, at times reasonably designated by...


Every person, firm or corporation employing females in any factory, mercantile establishment, mill or workshop in this State shall provide a reasonable number of suitable seats for the use of...


Every factory, mercantile establishment, mill or workshop shall be provided with a sufficient number of water closets, and whenever both male and female persons are employed, separate...


In all factories, mercantile establishments, mills or workshops, adequate washing facilities shall be provided for the employees, where necessary. When the labor performed by the employees is...


The commissioner of labor or any authorized representative of the department of labor in the performance of any duty or the execution of any power prescribed by law shall have the power...


The commissioner of labor, inspectors and chief clerk shall make and keep full and proper record of all their expenses, and of inspections and statistics as to conditions, changes and...


It shall be unlawful for any person, firm or corporation owning or operating a street railway in this State, or for any officer or agent thereof having charge or control of the management of...


(a) The term employer, as used in this section, shall mean and include an individual, a partnership, an association, a corporation, a legal representative, a trustee, receiver, trustee...


(a) It is declared the policy of this State to require employers to disclose to employees the hazards of exposure in the work place to hazardous or toxic chemical substances and materials....


(a) It shall be unlawful for any employer, whether public or private, or the agent of such employer to refuse to hire any individual or to discharge any employee or otherwise to disadvantage...


(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...



This article shall be known and cited as the West Virginia Occupational Safety and Health Act. ...


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...


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;...


(a) There is hereby created in the labor department a division of occupational safety and health, comprised of a subdivision for safety, a subdivision for health and such other subdivisions as...


(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...


(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...


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...


(a) The commissioner, on or before the first day of July, one thousand nine hundred eighty-seven, shall provide at the minimum, for the adoption of all occupational safety and health...


(a) In order to carry out the purposes of this article, the commissioner or his agent, upon presenting appropriate credentials to the employer, is authorized: (1) To enter without...


(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...

(a) There is hereby created a West Virginia occupational safety and health review commission within the labor department for administrative purposes only. The commission shall consist of...


(a) If, after inspection or investigation, the commissioner issues a citation pursuant to section nine [ 21-3A-9], he shall, within a reasonable time after the termination of the inspection...


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...


(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...


(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...


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...


(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...


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...


There is created a public employees occupational safety and health advisory board to assist the commissioner in establishing standards for the occupational safety and health of public...


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...


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...


(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...


There is hereby created within the division of labor an environmental assistance resource board to advise and assist the commissioner of labor in developing the technical resources necessary...


(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...


(1) Certificate of acceptance means a certificate issued by the division of labor certifying that a newly installed elevator has been inspected and was found to be installed in compliance...


(a) No person may serve as an elevator inspector unless he or she successfully completes the examination required by this section and holds a certificate of competency for elevator...


A certificate of competency for elevator inspections may be suspended or revoked by the division if the inspector is found to be incompetent or untrustworthy. Any willfully submitted...


The owner or operator of any elevator shall register with the division every elevator operated by him or her, giving the type, capacity and description, name of manufacturer, and purpose for...


(a) A county or municipality may hire its own elevator inspector or contract with any person who possesses a West Virginia elevator inspector's certificate of competency issued by the...


Every inspector shall forward to the division and to the county or municipality wherein the elevator is located a complete report of each inspection made of any passenger elevator, showing...


Every passenger elevator, whether not such elevator has been in use for five years or longer, shall be equipped, maintained and operated in a safe manner in accordance with legislative...


A certificate of operation for any elevator may not be issued until the elevator has been inspected for safety and the inspection report filed with the division. With the exception of...


Before any existing elevator is removed to a different location, an application of specifications shall be submitted to the division listing such information concerning the installation...

If during an inspection the division or the inspector finds that a passenger elevator or a part thereof cannot be operated safely, the division or the inspector shall contact the owner or...


(a) The division shall propose for promulgation legislative rules pursuant to article three [ 29A-3-1 et seq.], chapter twenty-nine-a of this code in order to implement the provisions of...


Any person who violates any provision of this article or any directive or order issued pursuant thereto is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than...


The provisions of this article shall not be applicable to elevators or similar devices used by mining or industrial operations, or to elevators located within any single family...


For purposes of this article: (a) Commissioner means the commissioner of the division of labor, or his or her authorized representative. (b) Crane means a power-operated hoisting...


(a) Commencing with the first day of September, two thousand one, a person may not operate a crane with a lifting capacity of five tons or more without certification issued under this...


The commissioner shall: (a) Propose rules for legislative approval in accordance with the provisions of article three [ 29A-3-1 et seq.], chapter twenty-nine-a of this code, no later than...


(a) The commissioner shall certify an applicant who: (1) Is at least eighteen years of age; (2) Meets the application requirements as prescribed by rule; (3) Passes the...


(a) The commissioner may deny, suspend, revoke or reinstate certification. (b) A violation of this article or rule adopted pursuant to this article is grounds for the denial,...


(a) The commissioner may suspend or revoke the certification of a person involved in an accident relating to the operation of a crane by that person: Provided, That no disciplinary action...


(a) A person required to obtain certification under this article, who operates a crane without certification, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less...


(a) There is hereby established a crane operator certification fund in the state treasurer's office. (b) The commissioner may set reasonable application fees for the issuance or renewal...


To the extent that other states provide for the certification of crane operators for similar action, the commissioner, in his or her discretion, may grant certification of the same or...


It shall be unlawful for any person, association or corporation operating a railroad within this State to permit any person employed by it on such railroad, in the capacity of telephone...


The service and employment of all laborers and mechanics who now are or hereafter may be employed by or on behalf of this State, or by any contractor or subcontractor, upon any of the public...


As used in this article: (a) The term firm includes any partnership, association, joint-stock company, trust, division of a corporation, the administrator or executor of the estate of...


Every railroad company, authorized to do business by the laws of this State shall, on or before the first day of each month, pay the employees thereof the wages earned by them during the...


Every person, firm or corporation doing business in this State, except railroad companies as provided in section one [ 21-5-1] of this article, shall settle with its employees at least once...


(a) In lieu of lawful money of the United States, any person, firm or corporation may compensate employees for services by cash order which may include checks or money orders on banks...


If any corporation, company, firm or person shall coerce or compel, or attempt to coerce or compel, an employee in its, their or his employment to purchase goods or supplies in payment of...


As used in sections five-b [ 21-5-5b], five-c [ 21-5-5c] and five-d [ 21-5-5d] of this article, unless the context clearly requires otherwise: (1) Employer means any individual,...


No employer may require or request either directly or indirectly, that any employee or prospective employee of the employer submit to a psychophysiological detection of deception examination,...


(a) No person, firm or corporation shall administer a psychophysiological detection of deception examination, lie detector or other similar examination utilizing mechanical or electronic...


(a) It shall be a misdemeanor to administer or interpret a psychophysiological detection of deception, lie detector or similar examination utilizing mechanical or electronic measures...


If any person, firm or corporation shall refuse for the period of five days to settle with and pay any of its employees at the intervals of time as provided in section three [ 21-5-3] of...


Whenever any person, firm or corporation shall contract with another for the performance of any work which the prime contracting person has undertaken to perform for another, the prime...


Where the amount of wages paid to any of the persons employed in any manufacturing, mining, or other enterprise employing labor, depends upon the amount produced by weight or measure, the...


In the event of the death of any employee, wages due him by a person, firm or corporation not in excess of eight hundred dollars may upon proper demand be paid, in the absence of actual notice...


Every person, firm and corporation shall: (1) Notify his employees in writing, at the time of hiring of the rate of pay, and of the day, hour, and place of payment. (2) Notify his...

Except as provided in section thirteen [ 21-5-13], no provision of this article may in any way be contravened or set aside by private agreement, and the acceptance by an employee of a...


(a) The commissioner shall enforce and administer the provisions of this article in accordance with chapter twenty-nine-A [ 29A-1-1 et seq.] of this Code. The commissioner or his...


(a) Any person whose wages have not been paid in accord with this article, or the commissioner or his designated representative, upon the request of such person, may bring any legal...


The commissioner shall make rules and regulations to the extent necessary to effectuate the purposes of this article, in accordance with the provisions of chapter twenty-nine-A [ 29A-1-1...


(a) Bond required. -- With the exception of those who have been doing business in this state actively and actually engaged in construction work, or the severance, production...


In the event that the claim of any employee or group of employees having wages and fringe benefits unpaid is in an amount in excess of the bond required in section fourteen [ 21-5-14] of...


(a) Any person, firm or corporation who knowingly and willfully fails to provide and maintain an adequate bond as required by section fourteen [ 21-5-14] of this article is guilty of...


Whenever a person, firm or corporation (hereinafter referred to in this section as the prime contractor) contracts or subcontracts with an employer and such contract or subcontract...


No employer may terminate, or use any disciplinary action against, an employee who is a member of a volunteer fire department or who is an emergency medical service attendant and who, in the...


No employer may terminate an employee who is a member of an emergency medical service and who, in the line of emergency duty as an emergency medical service member, responds to an emergency...


(1) The term public authority, as used in this article, shall mean any officer, board or commission or other agency of the State of West Virginia, or any political subdivision...


It is hereby declared to be the policy of the State of West Virginia that a wage of no less than the prevailing hourly rate of wages for work of a similar character in the locality in this...


Any public authority authorized to let to contract the construction of a public improvement, shall, before advertising for bids for the construction thereof, ascertain from the state...


Repealed by Acts 1991, c. 149. ...


(1) The department of labor, from time to time, shall investigate and determine the prevailing hourly rate of wages in the localities in this State. Determinations thereof shall be made...


In all cases where any public authority has ascertained a fair minimum rate or rates of wages as herein provided, and construction of a public improvement is let to contract, the contract...


A clearly legible statement of all fair minimum wage rates to be paid the several classes of skilled laborers, workmen and mechanics employed on the construction of the public improvement shall...


The contractor and each subcontractor or the officer of the public authority in charge of the construction of a public improvement shall keep an accurate record showing the names and occupation...


(a) Any contractor or subcontractor who wilfully and knowingly violates any provision of this article shall be fined not less than fifty nor more than two hundred and fifty dollars. (b)...

This article shall apply only to contracts for construction on public improvements let after the effective date of this article [June 9, 1961], and to construction on public improvements for...


Each section of this article and every part thereof is hereby declared to be an independent section or part of a section, and if any section, subsection, sentence, clause or phrase of this...



(1) Employer means any person, partnership, firm or corporation employing one or more employees, but does not include the State, or any municipal corporation or political subdivision of...


The state commissioner of labor shall have the power and it shall be his duty to carry out and enforce the provisions of this article. ...


(1) No employer shall: (a) In any manner discriminate between the sexes in the payment of wages for work of comparable character, the performance of which requires comparable skills; (b) pay...


(1) Any employee whose compensation is at a rate that is in violation of section three [ 21-5B-3] of this article shall have a right of action against his employer for the recovery of (a)...


In addition to the civil damages recoverable under section four [ 21-5B-4] of this article, any employer who violates any of the provisions of this article shall, upon conviction thereof,...


If any provision of this article or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the provisions or application of this...


As used in this article: (a) Commissioner means the commissioner of labor or his duly authorized representatives. (b) Wage and hour director means the wage and hour director appointed...


(a) Minimum wage: (1) After the thirtieth day of September, one thousand nine hundred ninety-seven, every employer shall pay to each of his or her employees wages at a rate not...


(a) On and after the first day of July, one thousand nine hundred eighty, no employer shall employ any of his employees for a workweek longer than forty hours, unless such employee...


In determining whether an employer is paying an employee wages and overtime compensation as provided in sections two and three [ 21-5C-2 and 21-5C-3] of this article, there shall be provided...


Every employer subject to the provisions of this article shall make or cause to be made, and shall keep and preserve at his place of business for a period of two years, a written record or...


(a) It shall be the duty of the commissioner to enforce and administer the provisions of this article, and to promulgate such rules and regulations, in accordance with chapter twenty-nine-A...


(a) Any employer who wilfully discharges or in any manner wilfully discriminates against any employee because such employee has made complaint to his employer, or to the commissioner, that he...


(a) Any employer who pays an employee less than the applicable wage rate to which such employee is entitled under or by virtue of this article shall be liable to such employee for the...


The commissioner of labor shall establish within the department of labor a division to be known as the wage and hour division, which shall be a separate administrative division with respect...

Any standards relating to minimum wages, maximum hours, overtime compensation or other working conditions in effect under any other law of this State on the effective date of this article [May...


If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the article which...


The Legislature hereby finds that there is a growing crisis in this country and state affecting the stability of our families, that the family unit is being torn apart due to the need for...


As used in this article: (a) Commissioner means the commissioner of the department of labor. (b) Dependent means any person who is living with or dependent upon the income of...


Nothing in this article prohibits an employer from providing employees with rights to family leave which are more generous to the employee than the rights provided under this article. ...


(a) An employee shall be entitled to a total of twelve weeks of unpaid family leave, following the exhaustion of all his or her annual and personal leave, during any twelve-month period:...


(a) If an employee requests family leave to care for a family member with a serious health condition as authorized in this article, the employer may require the employee to provide...


(a) The position held by the employee immediately before the leave is commenced shall be held upon a period not to exceed the twelve-week period of the parental leave and the employee shall...


(a) Nothing in this section entitles any returning employee to the accrual of any seniority or employment benefits during any period of family leave. (b) During any family leave by an...


No person may interfere with, restrain or deny the exercise of any right provided under this article. ...


Each employer shall post, in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth an employee's...


(a) The Legislature hereby finds and declares that it is the public policy of this state to provide all citizens equal opportunity for employment without regard to gender and that...


For the purposes of this article: (1) Employer means the state of West Virginia; (2) Employee means any person hired for permanent employment, either full or part-time, or hired...


(a) No employer shall: (1) In any manner discriminate between the sexes in the payment of wages for work of comparable character, the performance of which requires comparable skills; or...


(a) Any employee whose compensation is at a rate that is in violation of section three [ 21-5E-3] of this article has the right to file a grievance pursuant to the provisions of article six-a...


(a) The equal pay commission is hereby established. The commission shall be composed of seven members, as follows: (1) Two members of the House of Delegates, appointed by the speaker;...


(a) The equal pay commission shall study both the methodology and funding for the implementation of a gender discrimination prohibition and shall prepare reports for submission to the...


Except as permitted and authorized by the provisions of this article, a child under fourteen years of age shall only be employed or permitted to work the following jobs: (1) Agriculture...


(a) No child under eighteen years of age may be employed, permitted or suffered to work in about, or in connection with any of the following occupations: (1) Motor vehicle driver and...


(a) A child fourteen or fifteen years of age may be employed or permitted to work in any gainful occupation, except as provided in section two [ 21-6-2] of this article, when the person, firm...


(a) A work permit issued under this article shall set forth the full name and the date and place of birth of the child, with the name and address of his or her parents or parent, guardian...


(a) Upon request of any employer who is desirous of employing a child who represents his or her age to be sixteen years or over, the officer charged with the issuance of work permits shall...


Repealed by Acts 2002, c. 49. ...


(a) No child under the age of sixteen who is employed or permitted to work in accordance with the provisions of this article shall work: (1) During school hours, except as provided in...


(a) The commissioner is authorized to prescribe and issue supervision permits to meet special circumstances, and to prescribe the terms and conditions thereof. (b) The provisions of sections...


(a) Blanket work permits are authorized when twenty-five or more minors are to be employed for a period of ninety days or less by an employer. The employer, or person authorized by him or her...


It is the duty of the state commissioner of labor, and of his or her authorized representatives within the division of labor, to enforce the provisions of this article. To aid in enforcement,...

(a) Any person who violates a provision of this article, or any parent, guardian or custodian of a child, who permits the child to work in violation of the provisions of this article, or...


The commissioner of the division of labor may propose rules for legislative approval in accordance with the provisions of article three [ 29A-3-1 et seq.], chapter twenty-nine-a of this code,...


The provisions of this article are designated to protect the health and welfare of the people of the State, and are in necessary exercise of the State's police power. ...


For the purposes of this article: Employer means any person who, directly or indirectly, or through an employee, agent, independent contractor or any other person, delivers to another person...


The manufacture, or delivery for manufacture, of any of the following by industrial homework shall be unlawful and no permit or certificate issued under this article shall be deemed to...


To carry out the purposes of this article, the commissioner shall have the power to make investigations into all phases of industrial homework in this State, including the investigation of...


Whenever, after investigation, or on the basis of other information in his possession, the commissioner finds that a person has violated any provision of section three [ 21-7-3], he shall...


No employer shall deliver or cause to be delivered to a person in this State any materials for manufacture by industrial homework unless and until such employer has obtained an employer's...


No employer shall deliver or cause to be delivered, in this State, any materials for manufacture by industrial homework unless the person to be engaged in such manufacture is in possession of...


No person shall engage in industrial homework in this State unless and until he has obtained a homeworker's certificate from the commissioner. Application for such certificate shall be made in...


Any article which is being, or is to be, manufactured in a home in violation of any provision of this article may be removed by the commissioner and retained by him. The commissioner shall,...

The commissioner is authorized to revoke or suspend any employer's permit or homeworker's certificate for the violation of a provision of this article. The commissioner is further authorized...


A person who violates any provision of this article shall be guilty of a misdemeanor, and upon conviction of such violation shall be fined not less than five nor more than fifty dollars...



Repealed by Acts 1982, c. 97. ...


This article shall be known as The West Virginia Manufactured Housing Construction and Safety Standards Act. ...


(a) Board means the West Virginia manufactured housing construction and safety board created in this article. (b) Commissioner means the commissioner of the West Virginia state division...


(a) There is hereby continued the West Virginia board of manufactured housing construction and safety, which shall consist of six members and the commissioner, who shall be chairman. At least...


(a) The board shall have the power to: (1) Regulate its own procedure and practice; (2) Promulgate reasonable rules to implement any provision of this article or of the federal...


The board is hereby designated as the state administrative agency for the administration and enforcement of the federal standards and is charged with the adoption, administration and...


The board, by its authorized representatives, may enter, at reasonable times, any factory, warehouse or establishment in which manufactured homes are manufactured, stored or held for sale, for...


The board shall establish a monitoring inspection fee in an amount established by HUD. Such fee shall be paid by the manufacturer for each manufactured home produced in this state to the...


Each manufacturer, dealer, distributor and contractor shall establish and maintain such records, make such reports and provide such information as the board or the secretary of HUD may...


(a) No manufacturer, dealer, distributor or contractor shall engage in business in this state without first having applied for and received a license pursuant to this section. The license...

(a) Each manufacturer, dealer, distributor or contractor which applies for a licensee under section nine [ 21-9-9] of this article shall, at the time of making application for the...


This state, acting through the board, is hereby granted all powers and authority necessary to act as a primary inspection agency and to perform the functions of a design approval...


(a) Inspection of manufactured housing -- When a purchaser or owner of a manufactured home files a written complaint with the board alleging defects in the manufacture, construction...


(a) Any person who violates any of the following provisions relating to manufactured homes or any rule promulgated by the board pursuant to the provisions of this article is liable to the...

Pursuant to the provisions of article ten [ 4-10-1 et seq.], chapter four of this code, the West Virginia board of manufactured housing construction and safety shall continue to exist until...

This article shall be known and may be cited as the Amusement Rides and Amusement Attractions Safety Act. ...

As used in this article: (a) Amusement ride means a mechanical device which carries or conveys passengers along, around or over a fixed or restricted route or course for the purpose of...


The division of labor shall propose legislative rules for promulgation for the safe installation, repair, maintenance, use, operation and inspection of all amusement rides and...


(a) The division shall charge inspection and permit fees. The annual permit fee is twenty-five dollars for each ride or attraction. The annual inspection fee is one hundred dollars for each...


The division may hire or contract with inspectors to inspect amusement rides and amusement attractions. ...


No operator or owner may knowingly permit the operation of an amusement ride or amusement attraction without a permit issued by the division. Each year and at least fifteen days before the...


If, after inspection, an amusement ride or amusement attraction is found to comply with the rules of the division, the division shall issue a permit to operate. The permit shall be in the form...


Before a new amusement ride or amusement attraction is erected, or whenever any additions or alterations are made which change the structure, mechanism, classification or capacity of any...


An owner or operator of an amusement ride or amusement attraction shall notify the division not later than twenty-four hours after any fatality or accident occurring as a result of the...

Any person, firm or corporation operating an amusement ride or amusement attraction may be served with civil process in the same manner as if the owner or operator was a domestic or...


The division may order, in writing, a temporary cessation of operation of an amusement ride or amusement attraction if it has been determined after inspection to be hazardous or unsafe....


No person may operate an amusement ride or amusement attraction unless at the time there is in existence: (a) A policy of insurance approved by the division and obtained from an insurer...


No individual under the age of sixteen may be the operator of a kiddie ride or if under the age of eighteen be an operator of any other amusement ride or attraction: Provided, That the...


Nothing contained in this article prevents cities and counties from regulating carnivals, fairs or amusement rides and amusement attractions with regard to any aspect not relating to...


Any operator or owner who knowingly permits the operation of an amusement ride or amusement attraction in violation of the provisions of sections six [ 21-10-6], seven [ 21-10-7], eight...


(a) A person may not operate or assemble an amusement ride or attraction while intoxicated. (b) A person who violates subsection (a) of this section is guilty of a misdemeanor and, upon...


The commissioner may revoke or temporarily suspend the permit to operate issued pursuant to the provisions of section seven [ 21-10-7] of this article to an owner or employee or contractor of...


(a) If an individual is convicted of, or enters a guilty plea or a plea of nolo contendere to, a violation of subsection (a), section fifteen [ 21-10-15] of this article, and the individual...


Nothing in this article shall be construed to be in conflict with or to in any way limit the authority of the state fire marshal under the provisions of article three [ 29-3-1 et seq.],...


The owner or operator of an amusement ride or attraction may refuse any member of the public admission to a ride if his or her bearing or conduct could endanger himself or herself or others....



This article shall be known and may be cited as the West Virginia Contractor Licensing Act. ...


It is hereby declared to be the policy of the state of West Virginia that all persons desiring to perform contracting work in this state be duly licensed to ensure capable and...

(a) Commissioner means the commissioner of the division of labor. (b) Board means the West Virginia contractor licensing board. (c) Contractor means a person who in any capacity...


(a) There is hereby created the West Virginia contractor licensing board. The board shall consist of ten members appointed by the governor by and with the advice and consent of the Senate...


(a) Pursuant to the provisions of chapter twenty-nine-a [ 29A-1-1 et seq.] of this code, the board shall adopt rules and regulations relating to the following: (1) The minimum...


(a) On or after the first day of October, one thousand nine hundred ninety-one, no person shall engage in this state in any act as a contractor, as defined in this article, unless such...


(a) A person desiring to be licensed as a contractor under this article shall submit to the board a written application requesting licensure, providing the applicant's social security number...


(a) A license issued under the provisions of this article expires one year from the date on which it is issued. The board shall establish application and annual license fees not to exceed...


No license may be used for any purpose by any person other than the person to whom the license is issued. No license may be assigned, transferred or otherwise disposed of so as to permit...

(a) Any person making application to the building inspector or other authority of any incorporated municipality or other political subdivision in this state charged with the duty of...


Any architect or engineer preparing any plan and specification for contracting work to be performed in this state shall include in such plan, specification and invitation to bid a reference...


(a) A license which is not renewed on or before the renewal date shall lapse. The board may establish by regulation a delayed renewal fee to be paid for issuance of any license which has...


(a) Upon a determination that a person is engaged in contracting business in the state without a valid license, the board or commissioner shall issue a cease and desist order requiring such...


(a) The board has the power and authority to impose the following disciplinary actions: (1) Permanently revoke a license; (2) Suspend a license for a specified period; (3) Censure...


(a) For and on behalf of the board, the division and commissioner shall perform the following administrative duties: (1) Collect and record all fees; (2) Maintain records and files;...


The board may adopt rules and regulations as are necessary to carry out the provisions of this article pursuant to the provisions of chapter twenty-nine-a [ 29A-1-1 et seq.] of this code....


(a) The board shall keep a record of all actions taken and account for moneys received. All moneys shall be deposited in a special account in the state treasury to be known as the West...


To the extent that other states which provide for the licensing of contractors provide for similar action, the board, in its discretion, may grant licenses of the same or equivalent...


The West Virginia contractor licensing board shall continue to exist pursuant to the provisions of article ten [ 4-10-1 et seq.], chapter four of this code until the first day of July,...



(a) The West Virginia contractor licensing board may enter into work-sharing agreements with state vocational and technical training schools to provide classroom training to students who desire...



This article is intended to establish procedures for the negotiation of a claim of a construction defect asserted by a claimant against a contractor. The parties to a contract are encouraged...


This article does not apply to an action: (1) Against a contractor for which a claimant, as a consumer, is entitled to a specific remedy pursuant to chapter forty-six-a [ 46A-1-1 et seq.]...


(a) If a contractor, subcontractor, supplier or design professional files suit against a property owner upon whose property they provided goods or services, this article is not applicable, and...


For the purposes of this article, the words or terms defined in this article, and any variation of those words or terms required by the context, have the meanings ascribed to them in this...


(a) Upon entering into a contract for residential improvements, the contractor shall provide notice to the owner of the real property of the right of the contractor, or any subcontractor,...


(a) A contractor who constructs a new residential dwelling shall, at or before the closing of the sale, provide in writing to the initial purchaser of the residence: (1) The name,...


(a) The procedures contained in this article are exclusive and required prerequisites to commencing a civil action under the West Virginia rules of civil procedure. (b) If a claimant files a...


(a) A claimant asserting a claim of a construction defect under this article shall file notice of the claim as provided by this section. (b) The notice of claim shall: (1) Be in writing...


Within fourteen days after the initial service of the notice of claim required in subsection (a) of this section, the contractor shall forward a copy of the notice to each subcontractor,...

(a) Upon the filing of a claim, parties may request to review and copy relevant information in the possession or custody or subject to the control of the other party that pertains to the...


The parties shall negotiate in accordance with the times set forth in section twelve [ 21A-11-12] of this article (relating to timetable) to attempt to resolve all claims. No party is...


(a) Following receipt of a claimant's notice of claim, the contractor or other designated representative shall review the claimant's claim and initiate negotiations with the claimant to attempt...


Negotiation is a consensual bargaining process in which the parties attempt to resolve the claim. A negotiation under this article may be conducted by any method, technique or procedure...


(a) A settlement agreement may resolve an entire claim or any designated and severable portion of a claim. (b) To be enforceable, a settlement agreement must be in writing and signed...


Unless the parties agree otherwise, each party shall be responsible for its own costs incurred in connection with a negotiation, including, without limitation, the costs of attorney's...


If a claim for a construction defect is not resolved in its entirety through negotiation in accordance with this article on or before the ninetieth day after the contractor receives the notice...


A construction defect which is discovered after a claimant has provided a contractor with the original notice of claim is subject to the notice requirements and timetable of this article. ...


This article shall be known and may be cited as the Commercial Bungee Jumping Safety Act. ...


As used in this article: Bungee jumping means a commercial recreational activity where participants jump off a platform or other area, whether natural or man-made with a cord or other...


The division of labor shall promulgate rules for the safe installation, repair, maintenance, use, operation and inspection of all commercial bungee jumping activities. The rules shall be...


The division shall determine a schedule of inspection and permit fees, which fees shall not exceed one hundred dollars per commercial bungee jumping site per year. All fees received shall...


The division may hire or contract with inspectors to inspect bungee jumping sites. ...


(a) An operator or owner shall not knowingly permit the operation of a commercial bungee jumping event without a permit issued by the division. (b) Commercial bungee jumping sites will...


If, after inspection, a commercial bungee jumping site, together with the jump platform and equipment, is found to comply with the rules of the division, the division shall issue a permit...


An owner or operator of a commercial bungee jumping site shall notify the division not later than twenty-four hours after any fatality or accident occurring as a result of the operation of...


Any person, firm or corporation operating a commercial bungee jumping site may be served with civil process in the same manner as if the owner or operator was a domestic or foreign corporation. ...

The division may order, in writing, a temporary cessation of operation of a commercial bungee jumping site if it has been determined after inspection to be hazardous or unsafe. Operation shall...


No person may operate a commercial bungee jumping site unless at the time there is in existence (a) a policy of insurance approved by the division and obtained from an insurer authorized to...


Nothing contained in this article prevents cities and counties from regulating commercial bungee jumping sites or events with regard to any aspect not relating to installation,...


Any operator or owner who knowingly permits the operation of a commercial bungee jumping site or event in violation of the provisions of section six [ 21-12-6] of this article is guilty of...



The Legislature finds that it is necessary to the safety, health, public interest and general welfare of the people of the state of West Virginia that convenience food stores operating in...


As used in this article, except where a different meaning is provided in section five [ 21-13-5, repealed] of this article: (1) Convenience food store means a business establishment that:...


All convenience food stores shall comply with the following provisions: (1) If open for business after twelve o'clock a.m., the convenience food store must employ two persons who...


Any owner who fails to comply with this article, upon the first violation, shall be assessed a civil fine of not less than one hundred dollars nor more than five hundred dollars; and, upon...


Repealed by Acts 2002, c. 104. ...




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