The West Virginia farm labor laws are found in W. Va. CSR §§ 64-18-1 through 64-18-25 which deals with general sanitation.  Pursuant to W. Va. CSR § 64-18-3, whenever the health officer makes an inspection of a facility and discovers that any of the provisions of this rule have been violated, s/he shall notify the operator of the violations by means of an inspection report form or other written notice.  The operator shall correct the violations within the time specified in the notice.  Whenever the health officer finds that any facility governed by this rule constitutes an imminent hazard to public health, s/he may, without notice or hearing, issue a written order to the operator or person in charge citing the existence of the condition and requiring action to be taken to remedy the condition, including the suspension of the permit to operate.  Notwithstanding any other provision of this rule, the order is effective immediately.  Any person to whom the order is directed shall comply with the order immediately, but upon written petition to the health officer shall be afforded a hearing on the matter as set forth in subdivision 3.3.c. of this rule.  Any person whose application for a permit to operate a facility governed by this rule has been denied, or whose permit has been suspended or revoked, may submit a written petition to the health officer requesting a hearing on the matter.  The health officer shall grant a hearing on the matter within ten (10) days after he or she has received the written petition.  The filing of a petition for a hearing on a permit denial, suspension, or revocation shall not stay or suspend the execution of the notice or order resulting in the permit denial, suspension, or revocation.

W. Va. CSR § 64-18-6 provides that all rooms or areas used for bedding and sleeping shall be kept clean and sanitary, maintained in a safe condition and in good repair.  Floors in sleeping quarters shall be easily cleanable, in good repair and located to prevent ground and surface water entry.  Tents used as permanent sleeping quarters shall be placed on platforms or floors elevated at least one foot above the ground surface.  Concrete pads may be used in lieu of platforms on floors.  Single occupancy sleeping areas shall contain a minimum of seventy square feet of floor space per person.  In multiple occupancy rooms or areas used for a combination of eating, sleeping or cooking, a minimum of fifty square feet of floor space is required per occupant.  Except for tents, no sleeping area shall have a ceiling height of less than seven feet measured from the floor.  Sleeping areas shall be designed to provide a minimum of three feet between beds, both laterally and end to end.  Beds shall be placed so that the heads of sleepers are at least six feet apart.  These spacing requirements for beds do not apply to hotels, motels, or bed and breakfast inns.  When double-decker beds are used, there shall not be less than twenty-seven inches between the lower mattress and the bottom of the upper bed and not less than twenty-seven inches between the ceiling and the top mattress of the upper bed.  Triple decker beds are prohibited.  A bed and bedding shall be provided for each person.  Mats or cots used for short term napping shall be spaced two feet apart on all sides.  All articles of bedding and furniture shall be kept clean and in good repair.  All fabric mattresses shall be provided with mattress pads or mattress covers.  Linens shall be provided except in those facilities where the user is normally required to bring his or her own linens.  Linen, if provided, shall be changed at least once weekly or more often if needed, and clean linen provided.  A clean set of linen shall be provided for each succeeding occupant.  Storage area or areas shall be provided for the storage of excess clothing, luggage, or similar articles.  Sleeping areas in primitive or outpost camping or similar recreational activities are exempt from the requirements of this section.

All premises and facilities available to public patronage, employment, confinement, or use shall be designed, maintained and operated to minimize safety hazards and promote an accident-free environment.  Adequate protection against all electrical hazards shall be provided.  The design, installation and maintenance of the facility shall comply with applicable State Fire Marshal’s rules.  The design, maintenance and arrangement of facilities, including lighting, shall minimize hazards of falls, slipping and tripping.  A fence or barrier shall be provided around any outdoor playground or activity area located in an area where safety may be a concern and which is used by children or persons not capable of self preservation.  Except for parks, playgrounds, and public restrooms, a first aid kit shall be provided[i].  Any person violating any of the provisions of this rule, or orders issued pursuant to this rule, is punishable by a fine of not more than two hundred dollars or by imprisonment for not more than thirty days, or both.  Each day’s failure to comply with any applicable provision of this rule constitutes a separate offense[ii].

[i] W. Va. CSR § 64-18-15.

[ii] W. Va. CSR § 64-18-24.