Federal and state jurisdiction — private vs. public employers
West Virginia does not operate an OSHA-approved state plan for private-sector workplaces. Federal OSHA administers and enforces workplace safety standards for most private employers in the state. Public employers (state agencies and their employees) are covered by the West Virginia Occupational Safety and Health Act, W. Va. Code § 21-3A-1 et seq., which is enforced by the West Virginia Division of Labor. The state statute applies federal OSHA standards as they existed on April 15, 1998, to public workplaces.
Source: OSHA State Plans; W. Va. Code § 21-3A-1; WV Division of Labor
Injury and illness recordkeeping and reporting requirements for private employers
Private employers in West Virginia are subject to federal OSHA's injury and illness recordkeeping and reporting requirements under 29 C.F.R. Part 1904, because the state does not operate an OSHA-approved state plan for private-sector workplaces.
Routine recordkeeping — OSHA 300 Log
Employers with more than 10 employees at any time during the preceding calendar year must maintain injury and illness records under 29 C.F.R. § 1904.1, unless the establishment is classified in a partially exempt low-hazard industry listed in Appendix A to Subpart B of Part 1904. Employers with 10 or fewer employees at all times during the last calendar year are exempt from routine recordkeeping, though not from the severe-injury reporting requirements described below.
Covered employers must record work-related injuries and illnesses on the OSHA Form 300 (Log of Work-Related Injuries and Illnesses) if the injury or illness results in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness. A work-related injury or illness is recordable if an event or exposure in the work environment caused or contributed to the condition or significantly aggravated a pre-existing condition. The employer must record the case on the OSHA 300 Log within seven calendar days of learning about it.
Employers must also complete an OSHA Form 301 (Injury and Illness Incident Report) for each recordable case, and must prepare an annual OSHA Form 300A (Summary of Work-Related Injuries and Illnesses) by February 1 of the year following the calendar year covered by the forms. The Form 300A summary must be posted in a conspicuous location where notices to employees are customarily posted and must remain posted from February 1 through April 30. Records must be retained for five years.
Severe-injury reporting — immediate notification to OSHA
All employers covered by the OSH Act — including those exempt from routine recordkeeping due to size or industry classification — must report severe injuries and fatalities to OSHA under 29 C.F.R. § 1904.39. The reporting deadlines are:
- Fatalities: within eight hours of learning that an employee died as a result of a work-related incident, if the death occurs within 30 days of the incident.
- In-patient hospitalizations, amputations, or loss of an eye: within 24 hours of learning of the event, if it occurs within 24 hours of the work-related incident.
"In-patient hospitalization" means a formal admission to the in-patient service of a hospital or clinic for care or treatment. Observation or diagnostic testing alone does not trigger the reporting requirement.
Employers may report by calling the nearest OSHA Area Office, calling OSHA's 24-hour hotline at 1-800-321-OSHA (6742), or using OSHA's online reporting form. The employer must provide the establishment name, location of the incident, time and date, number of employees affected, contact person, and a brief description of the incident.
Exceptions to severe-injury reporting
Employers are not required to report fatalities, in-patient hospitalizations, amputations, or loss of an eye if the incident occurred on a public street or highway (except in a construction work zone) or on a commercial or public transportation system (airplane, train, subway, bus). However, these events must still be recorded on the OSHA injury and illness records if the employer is otherwise required to keep such records.
Electronic submission for certain employers
Under 29 C.F.R. § 1904.41, establishments with 20 to 249 employees in designated high-hazard industries (listed in Appendix A to Subpart E of Part 1904) must electronically submit their Form 300A annual summary data to OSHA by March 2 each year. Establishments with 100 or more employees in designated industries (listed in Appendix B to Subpart E) must submit Form 300A, Form 300 Log data, and Form 301 incident report data. Submissions are made through OSHA's Injury Tracking Application (ITA) portal.
Source: 29 C.F.R. § 1904.1; 29 C.F.R. § 1904.4; 29 C.F.R. § 1904.7; 29 C.F.R. § 1904.39; 29 C.F.R. § 1904.41