Under the federal Occupational Safety and Health Act (OSH Act), workers have the right to a safe workplace. The OSH Act was passed to prevent workers from being killed or otherwise harmed at work. The law requires employers to provide their employees with working conditions that are free of known dangers. The OSH Act is located in the United States Code at 29 U.S.C. §651, and the applicable regulations are located in the Code of Federal Regulations at 29 C.F.R. §1910.

The OSH Act created the Occupational Safety and Health Administration (OSHA), which sets and enforces protective workplace safety and health standards. OSHA also provides information, training, and assistance to employers and workers.

And most states have additional laws (statutes) that govern safety and health in the workplace.

In West Virginia, as in all states, the federal Occupational Safety and Health Act (OSH Act) provides the baseline for workplace safety. The OSH Act, found at 29 U.S.C. §651, aims to ensure that employers provide a work environment free from recognized hazards that could cause death or serious harm to employees. This is enforced by the Occupational Safety and Health Administration (OSHA), which sets standards and regulations detailed in 29 C.F.R. §1910. OSHA also offers training, outreach, education, and assistance to employers and workers. While West Virginia does not have a state plan approved by OSHA, meaning it follows federal OSHA regulations directly, employers must still comply with any specific state statutes that address workplace safety and health. These state laws may provide additional protections or requirements beyond those mandated by the OSH Act, but they cannot provide less protection than federal law requires.