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Ex. DUT-WV-012 Standing duty Primary source read

W. Va. Code § 21-3-14

Power of commissioner as to witnesses; prosecution of offenses; penalties; jurisdiction; exemption of coal mining operations; recovery of civil penalties

West Virginia Legislature (codified statute) · West Virginia (State)

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The record

Jurisdiction
West Virginia
Level
State
Authority
W. Va. Code § 21-3-14
Issued
2026-09-29 Sept. 29, 2026
Effective
In force throughout 2020 Q2 to 2021 Q3 (read as 2026-09-29)
End
standing
In force
Standing since Sept. 29, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • employers; employees; owners; 'other person[s]'
Character
workplace duty
Collection
Standing duties: West Virginia DUT-WV

Operative words

If any employer, employee, owner or other person shall violate any provision of this chapter... he shall be guilty of a misdemeanor and... shall be fined not less than $10 nor more than $50, or shall be imprisoned for not exceeding six months, or both...; and each day such violation, omission, failure, or refusal continues shall be deemed a separate offense.

Penalty

Misdemeanor: $10 to $50 fine or up to six months' imprisonment, or both, each day a separate offense; 'In lieu of the penalties heretofore provided in this section, any such penalty may be recovered in a civil action in the name of the State of West Virginia'

What it required

Compliance by every employer and owner with the duties of chapter 21 including § 21-3-1 and with the Commissioner of Labor's orders; 'It shall be the duty of the Attorney General and the several prosecuting attorneys, upon request of the commissioner of labor... to prosecute any violation.'

Retrieval note

The daily-offense clause makes a continuing failure to maintain 'conditions and methods of sanitation and hygiene' a continuing series of misdemeanors.