Facts:

• West Virginia passed the Logging Sediment Control Act (LSCA) in 1992.
• The LSCA requires logging companies to follow strict procedures when conducing a timber harvest.  These include obtaining a logging license, completing a training program, and filing a timbering operation notification.
• The West Virginia Division of Forestry (WVDOF) is the agency given enforcement responsibilities of this Act.
• The WVDOF inspects logging sites to assure compliance with the LSCA.  A violation of this Act can lead to suspension of the job, to license suspension, to incurring substantial fines.
• In addition regulation at both the sate and federal level.
• At the federal level, the Occupational Safety and Health Administration (OSHA) Logging Standard sets forth specific requirements that logging employers must comply with to ensure employee safety.