W. Va. Code R. § 141-34-3-4

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

Section 141-34-3-4 - Reporting of Special Cases

a. Accidents involving more than one command.

(1) WVARNG commander reporting an accident involving his WVARNG unit/facility and another State/ Reserve or active Army command, will investigate the accident, prepare a DA Form 285 (excluding aircraft mishaps) and forward the report to the State Safety Office. A forwarding letter should indicate the command considered responsible for recording the accident and the command(s) responsible for recording other losses or date (i.e., injuries, property damage or accrued mileage). The State Safety Office will forward a courtesy copy of the accident report to the commander of the other State, Reserve or active Army command concerned.

(2) After concurrence is reached as to responsibilities and command losses, the State Safety Office will forward the DA Form 285 to the ARNG Safety Office.

b. Commanders closet to the location of an accident involving ARNG or Army property or personnel in any of the following situations will investigate the accident will prepare and forward DA Form 285 to the State Safety Office for forwarding to the command sustaining the loss in the accident.

(1) An accident occurring to a WVARNG military member who is absent without official leave (AWOL) will be reported if the member is on orders for scheduled training (IDT, AT, ADSW, or ADT) and is carried on the SIDPERS unit strength report at the time of the accident.

(2) An accident occurring to a WVARNG military member on permanent change of station (PCS), leave, pass or temporary (TDY), or a WVARNG technician in a PCS or TDY status will be the responsibility of the unit/facility to which the person is permanently assigned. Accident involving WVARNG technicians on TDY after normal duty hours are reportable but not recordable if the actions taken by the technician are not covered by the military assigment and not incident to an ARNG or Army operation or activity. Accident experience of WVARNG military personnel assigned on TDY as students at Army schools for course of instruction in excess of 30 days will be included in-the accident experience of the major command (MACOM) having command and control of the school.

c. Tine State Safety Office will document Department of the Army/National Guard Bureau directed maneuver/exercise accident experience and exposure data, accomplish an accident analysis for prevention purposes and report this information to the ARNG Safety Office as required.

d. Commanders will comply with local reporting requirements if an accident occrus involving WVARNG personnel or equipment at an installation or facility jointly occupied or under the command of another military service or state, including state-leased or state owned facilities. A copy of all accident reports will be forwarded to the Adjutant General's Office, ATTN: State Safety Officer.

e. When a reportable or recordable accident occurs on a WVARNG installation/facility and involves personnel or property of an non-tennant activity of another military department, the WVARNG installation/facility commander will provide assistance in completing DA form 285. The report will be sent to the State Safety Office for forwarding to the military department concerned.

f. Commanders will ensure that accidents involving damage to WVARNG equipment or property and injury or occupational illness to WVARNG personnel occurring as a result of an ARNG/ARMY contractor operation are investigated and reported to the State Safety Office.

W. Va. Code R. § 141-34-3-4