West Virginia Code of State Rules Agency 42 - Labor
West Virginia Code of State Rules – Agency 42: Labor
contains the administrative rules issued by the West Virginia Division of Labor, which operates under the Department of Commerce. These rules cover a broad range of labor-related subjects, including wages, workplace safety, contractor licensing, and more.
🔹 Overview of Agency 42: Division of Labor
The rules within Agency 42 implement and enforce statutes found primarily in Chapter 21 of the West Virginia Code. They regulate labor standards, worker protection, licensing, inspection programs, and various workplace practices.
📘 Selected Rule Series Under Agency 42
| Rule Series | Subject Area |
|---|---|
| 42-01 | Administrative Rules – General rules and procedures for the agency |
| 42-04 | Wage Payment and Collection – Rules related to employer wage obligations |
| 42-07 | Boiler and Pressure Vessel Rules – Safety and inspection standards |
| 42-10 | Safety Standards for Amusement Rides – Inspection and operation standards |
| 42-12 | Child Labor – Work hours and occupation restrictions for minors |
| 42-17 | Elevator Safety – Licensing, inspection, and safety compliance |
| 42-21 | Contractor Licensing – Rules for classification, application, and enforcement |
| 42-25 | Manufactured Housing – Licensing and standards for manufacturers, dealers, and installers |
| 42-30 | Wage Bonding – Requirements for wage bonds in certain industries like construction and mining |
| 42-33 | Crane Operator Certification – Licensing and safety standards |
| 42-34 | Workplace Safety Programs – Guidelines for employer safety programs and reporting |
🛠️ Functions of the WV Division of Labor (per Agency 42 rules):
License and regulate contractors, electricians, elevator mechanics, crane operators, and more.
Enforce wage and hour laws, including minimum wage, wage payment, and child labor restrictions.
Inspect and regulate amusement rides, elevators, boilers, and manufactured housing.
Promote workplace safety through education and enforcement.
🏛️ Legal Framework
Statutory Authority: West Virginia Code §21-1 et seq.
Regulatory Authority: West Virginia Division of Labor
Agency 42 rules provide the framework for applying these laws and enforcing compliance.
📌 Highlights from Key Rules
42-04 (Wage Payment): Covers required payment intervals, final wage payment rules, and employer penalties.
42-12 (Child Labor): Prohibits employment of minors in hazardous occupations and sets limits on working hours.
42-21 (Contractor Licensing): Details license classifications, financial responsibility standards, and penalties for unlicensed work.
42-33 (Crane Operators): Requires operators to pass a certification exam and adhere to safety standards.
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