Toxic and hazardous substances: Silica - West Virginia

West Virginia is not an OSHA-approved State Plan, so is under federal OSHA jurisdiction which covers most private sector workers within the state. State and local government workers are not covered by federal OSHA.

However, there are additional requirements for disclosing exposure hazards to employees with the exception of coal mining or processing, or any agricultural or horticultural activity. 

Additional requirements include: 

• The commissioner of labor shall establish and maintain, by rule or regulation, a list of chemical substances and materials which have been determined or are suspected to be hazardous or toxic to the health of employees who may be exposed to them in the course of employment.
• Employers can request a copy of the list, which is updated annually, directly from the West Virginia commissioner of labor.
• Any employer of ten or more employees using or producing any such listed hazardous chemical substance or material shall conspicuously post a warning notice in the work area where any such substance or material is used per posting requirements in the standard. 
• Any employer notified of any incident of exposure to a listed hazardous chemical substance or material in excess of its standard level of safe exposure published by the Commissioner shall report within 10 days to the Commissioner the circumstances of such incident and provide a copy of the report to the employee.