With the exception of intentional misconduct or negligence on the part of the employee, this article shall not be construed to impose any individual responsibility upon any railroad employee for damage to his employer due to breakage or loss of use while the employee is engaged in handling the lights as required by this article.
This article shall be construed as imposing upon the employer responsibility for securing and maintaining the lights required by this article.
W. Va. Code § 31-2B-6