W. Va. Code R. § 141-34-1-8

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 141-34-1-8 - Safety Standards

Safety for the West Virginia Army National Guard will be established and implemented as follows:

a. The WVARNG will employ safety and health standards established under the Occupational Safety and Health Act (OSHA) of 1970 (para 1-9), or paralleled Department of the Army standards. These standards will be applicable as they relate to recognized WVARNG industrial-type operations, facilities and equipment comparable to those found in the work environment in the private sector.

b. Each major command will review any safety and health standards it may propose as supplements to higher level standards. The purpose of this review is to determine consistency with OSHA standards published in the Federal Register, July 1,1989, VOL I (title 29, Part 1910), and with subsequently issued OSHA standards.

c. In cases where a possible inconsistency exists, a justification for correction of the inconsistency will be forwarded through the State Safety Office, Headquarters, WVARNG, to the ARNG Safety Office (NGB-AVN-S), Bldg E 6810, Aberdeen Proving Ground, Maryland 21010-5420, for review and decision.

d. A determination to submit a justification for correction of an inconsistency will be based on whether hazard to life, material, or property is less under the proposed supplemental standard than it would be under the OSHA standard. In justifying their recommendations, commanders will submit evidence that conditions, practices, means, methods, operations or processes currently in use are as safe and healthful as those that would prevail if OSHA standards were followed.

e. In those cases where there are unique military requirements for which no applicable OSHA standard exists. Army and National Guard standards currently employed will continue to apply.

W. Va. Code R. § 141-34-1-8