Good Question – What Government Agencies Can Inspect a West Virginia Business?
The Important Takeaway Point:
There are more than 20-federal, state and local agencies than can inspect buildings and workplaces in West Virginia.
The types of West Virginia entities can get inspected by either federal or state agencies include:
Virtually all types of business entities in the private sector.
Both public and private educational entities.
All types of healthcare establishments.
Food processing & service entities.
Non-profits & charities.
Financial institutions.
Federal, state, county and municipal entities.
Those Unlikely to be Inspected by Government Agencies:
Remote workers, especially those working from home.
Sole proprietors working from home.
Farms consisting only of family members.
Federal Government Agencies that can Conduct Inspections on WV Workplaces:
The Occupational Safety & Health Administration (OSHA) - Will conduct unannounced workplace inspections, except employees working from their homes. It has the authority to impose fines, other penalties and order compliance. OSHA inspectors have the authority to go just about anywhere and talk to just about anyone in the workplace.
The Mine Safety & Health Administration (MSHA) - MSHA has authority over the mineral extraction industry, excluding oil and gas. They have the authority to conduct inspections, impose fines and other penalties, along with ordering compliance.
The Office of Surface Mining - This agency of the U.S. Department of the Interior is only authorized to regulate and inspect the coal surface mines, or the surface areas of underground mines and coal processing facilities. It has the authority to issues fines, require compliance and order the forfeiture of reclamation bonds.
The Department of Transportation (DOT) - Will conduct roadside safety inspections of commercial vehicles weighing over 10,000-pounds along with their drivers. It will also conduct audits of DOT required records at the trucking company headquarters. It has the authority to impose fines, take both vehicles and drivers out of service and order compliance.
The Department of Environmental Protection (EPA) - The EPA can conduct unannounced inspections of any entity for its compliance with environmental protection laws. FEMA can impose substantial fines and other penalties, along with ordering compliance. EPA also has the authority to shut business locations down, if certain conditions are met.
The U.S. Department of Labor (DOL)- Under the Fair Labor Standards Act, DOL can conduct audits in the public and private sector, impose fines or other penalties, and order compliance. The most frequently looked at areas include minimum wage, overtime pay, youth employment and the related record-keeping. It can issue fines, order compliance and refer offenders to Federal Court proceedings.
The U.S. Equal Employment Opportunity Commission (EEOC) - EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee based on a number of factors such as sex, race, color, religion, handicap or national origin. EEOC can inspect workplaces, impose fines and order compliance. Additionally, it can refer cases to federal courts.
The Emergency Management Agency (FEMA) - FEMA, or its authorized representatives can conduct inspections of dwellings and businesses that have destroyed or damaged by natural disasters to determine the amount of said damaged. FEMA has the authority to impose substantial fines and other penalties on those that file false applications for FEMA assistance.
The Department of Agriculture - This department oversees and implement programs relating to commercial farming, ranching, poultry quality and food safety. It can inspect locations, issue fines and order compliance.
The U.S. Department of Health & Human Services (HHS) - The Inspector General’s Office of HHC oversees the efficiency of department programs, investigate fraud and abuse, including the implementation of The Health Insurance Portability and Accountability Act (HIPAA). When it comes to false claims made to HHS, it can conduct investigations, issue substantial fines and seek criminal convictions that can carry up to 5-years imprisonment.
The U.S. Department of Housing & Urban Development (HUD) - Will conduct inspections on entities in both the public & private sectors that receive federal housing funds. HUD can impose fines and order compliance.
The Food & Drug Administration (FDA) - Will conduct inspections on entities to ensure food, drugs, vaccines, and other products are safe and effective. It has the authority to impose fines and order compliance.
The Center for Disease Control (CDC) - The CDC can conduct inspections to verify that facilities have implemented the appropriate biosafety measures for infectious biological agents, infectious substance, and issue permits for the importation of such substances. CDC can impose fines and order compliance.
The Centers for Health & Family Services (CMA) - This Federal Agency will inspect both healthcare and childcare entities in the public and private sector. It is most active with organizations that accept Medicare/Medicaid payments such as nursing homes. CAM can conduct inspections, impose fines and order compliance.
State and Local Agencies that can Conduct Workplace Inspections.
The Office of the West Virginia Fire Marshal - Has the authority to conduct inspections on all buildings in the state, with the exception of single or multiple family dwellings. The Fire Marshal can conduct inspections, impose fines and order compliance. State law stipulates that fire marshal representatives inspect all buildings in the state on an annually basis but budget and staffing shortages makes this an impossible goal to achieve.
Municipal or County Code Enforcement Agency - Requires compliance with municipal and state codes, ordinances, and regulations related to property maintenance and structures, with a focus on public health, safety, and welfare. Will conduct inspection and require code compliance from property owners. If violations are not corrected, code enforcement officers may take further action, such as issuing citations, pursuing legal action, or even seeking condemnation or demolition.
West Virginia Division of Labor - This agency will inspect entities in both the public and private sector for their compliance with state safety and workplace regulations. It has no authority to impose fines and can only order compliance with state, county, municipal and other local agencies. Contrary to statements made by staff members, West Virginia OSHA is not recognized as an approved state program by Federal OSHA. However, it will alert Federal OSHA if the state inspectors encounter problems at a given worksite.
The West Virginia Office of Health & Environmental Services - Will conduct inspections on food service and food supply establishments throughout the state.
The West Virginia Office of Miners' Health Safety & Training - Will inspect mines and mining related facilities in the state. It will conduct inspections, issue fines of up to $5,000 per occurrence and order compliance with state mining laws.
The West Virginia Department of Environmental Protection - The department’s Office of Oil & Gas is responsible for monitoring and regulating all actions related to the exploration, drilling, storage and production of oil and natural gas in the state. It can conduct inspections, issue fines and order compliance with state laws.
The WV State Auditors Office - Will conduct oversight audits on counties, municipalities, boards of education and other miscellaneous local boards and authorities. Their Chief Inspectors Division conducts an average of 800 such audits each year.
The West Virginia Division of Financial Institutions - The Division of Financial Institutions' mission is to regulate state-chartered and licensed financial institutions to ensure that their products and services are safe, fair, and necessary for the financial public. The Division supervises state chartered banks, state chartered credit unions, regulated consumer lenders, mortgage lenders, brokers, and loan originators, companies engaged in currency exchange, transmission and transportation, and supervised financial institutions.
County/Municipal Health Departments - Will inspect food service establishments, especially to grant permits to operate and serve food. Most of the aforementioned agencies will conduct inspections of businesses, issue fines and order corrective actions.
Important Notes:
This should not be considered as a completely comprehensive list of government agencies authorized to conduct inspections or investigations of workplaces in the public or private sector.
Many of the above listed federal government agencies have their equivalents at state and even local levels.
The scope and authority of government agencies can change due to legislative actions, executive orders, court decisions and budget cuts.
Federal laws always have priority over potentially conflicting state and local laws.
