Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-15-5 - Duties of Employers and Employees5.1. 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. 5.2. Each employee shall: (a) Complete safety and health training as required by the employer or the commissioner;(b) Comply with all safety and health standards as adopted by the commissioner; and(c) Immediately notify his or her employer of any known safety and health hazard or other violation of the safety and health standards. The employer shall keep a written record of the notifications for a period of not less than two (2) years.5.3. No employer may discharge or in any manner discriminate against any employee because the employee: (b) Instituted or caused to be instituted or participated in any proceedings under or related to the Act or the provisions of this rule;(c) Testifies or plans to testify in any such proceeding; or(d) Has exercised on behalf of himself or herself or others any right afforded by the Act or this rule.