Wyo. Code R. 044-0002-10
General Agency, Board or Commission Rules
Chapter 10: Use of Overinsur. Reduc. of Bens. Prov. in Grp Disability Ins...
Effective Date: 03/07/1985 to 12/31/1996
Rule Type: Superceded Rules & Regulations
Reference Number: 044.0002.10.03071985
a. Authority and responsibility for technical assistance is provided in Section 27-11-102(a)(ii) and (iii) and Section 2711.105(a)(ii) and (vii) of the Act.
“27-11-102(a). Declaration of Policy - It is hereby declared to be the policy of the state of Wyoming, that the primary purposes of this act [2711-101 to 27-11-114] are: (ii) To help and assist employers and employees in accident and occupational disease prevention through educational means, which shall be made available to all industries, businesses, employees, employee groups and associations; (iii) The commission shall furnish consultant services on development of safety programs, procedures and training services for employees, supervisors and groups;”
“27-11-105(a). Same: powers and duties. - The commission shall have the powers and is hereby charged with the duties: (ii) To develop and formulate, with the advisory committees herein referred to, a comprehensive program for the prevention, control and abatement of unsafe and unhealthy working conditions and to direct state agencies and their staffs to compile statistics, do research, do investigations and any other duties where practical, possible and not inconsistent with the purposes of this act [27-11-102 to 2711-114]; (vii) To promote accident prevention and occupational disease prevention programs and to provide consultative and educational assistance;”
a. The Occupational Health and Safety Department shall provide a Technical Assistance Division within the Occupational Health and Safety Department.
(1) The Technical Assistance Division will be staffed by one (1) Technical Assistance Supervisor and Technical Assistance Representatives as needed.
(2) The Technical Assistance Division shall function as a separate division with no infringement upon the enforcement capability of the Department. This Division shall be under the direction of the Administrator.
(3) The Technical Assistance Division of the Department is charged with the responsibility of providing technical assistance to all industries, businesses, employees, employee groups, associations state and local governments, establishments, agencies and departments, by assisting the above mentioned in voluntary compliance with the rules, regulations and standards promulgated under the Act, in order to provide all working men and women in the State of Wyoming with a safe and healthful place of employment, free from recognized hazards. Technical Assistance will be provided in the following areas, with priority given to the industries deemed by the Department as target industries.
(a) Providing research to promote accident prevention and occupational disease prevention programs;
(b) Providing consultive, educational assistance and safety training including first aid as needed;
(c) Providing courtesy inspections of industries, businesses, state and local government agencies or departments as requested in writing;
(d) Receipt of a request for a courtesy inspection shall not preclude necessary compliance inspections of the industry or facility requesting said courtesy inspection whether before, during or after the period when technical assistance is given to the industry or facility because of such request.
(i) The request for a courtesy inspection or performance of the courtesy inspection shall not alter or interfere with necessary compliance activities of the Compliance Division of the Department as provided for in Section 3., Limitations, of this Chapter.
(ii) Such request shall not put the business or industry into jeopardy with the Compliance Division of the Department, except as described in [a] and [b] of this division (ii). Courtesy inspections are intended to help business and industry to voluntarily come into compliance with the rules, regulations and standards promulgated under the Act.
[a] When a violation that would be considered an imminent danger is found during the performance of a courtesy inspection, the Department representative making the inspection shall insist that the danger be immediately removed or eliminated by whatever method is applicable. When the request for removal or elimination is not complied with, action will be taken in accordance with Section 27-11-106(b) of the Act.
[b] When a serious violation is noted during the performance of a courtesy inspection, the Department representative(s) shall discuss the violation with the employer and establish a reasonable abatement period. The Department representative(s) shall advise the employer that, at the end of the established abatement period, there will be a follow. up visit to assure that the serious violation has been abated, unless documentary evidence or other information has been received by the Department indicating that abatement has been accomplished. The employer shall also be advised that, should such followup visit show that abatement has not been accomplished, the Department will, through the Administrator, initiate action in accordance with Section 27-11-109 of the Act, Investigation of violation; proceedings; discrimination against employees filing complaints prohibited; confidentiality of trade secrets. This same information shall be included in the letter sent to the employer which states all the findings of the courtesy inspection.
[c] The letter shall advise the employer that an extension of time may be allowed by the Administrator for good cause shown.
[d] The letter shall be sent by certified mail and shall advise the employer that he must notify the Department of his abatement of the serious violation within the time allowed, unless abatement was accomplished at the time of the courtesy inspection.
[e] If the Department does not receive said notification within a reasonable time following the final date set for abatement of the serious violation, there shall be a followup inspection performed. and, as necessary, additional consultation provided. Should the violation exist at the time of the followup and further consultation is not desired, the Department shall initiate action in accordance with Section 27-11-109 of the Act as directed by the Administrator.
[f] When violations are noted in a courtesy inspection the procedure for abatement shall be discussed with the employer.
(iii) The list of violations shall be referenced to applicable rules, regulations and standards and shall be mailed to the business or industry from the office of the Occupational Health and Safety Department.
(e) The Technical Assistance Division may give advance notice of a courtesy inspection for the purpose of carrying out the function of their Division, except that no advance notice may be given of a followup inspection to determine abatement of a serious violation other than that permitted by Section 2.a.(3)(d)(ii)[b] of this Chapter.
(f) Methods of technical assistance in addition to those listed above, may be used as deemed beneficial by the Occupational Health and Safety Department.
(4) The Technical Assistance Division shall maintain a library within the Department which shall include the following:
(5) The Technical Assistance Division personnel shall receive training as necessary:
(b) Through full utilization of all Federal OSHA schools or training programs compatible to the State of Wyoming.
Section 3. Limitations.
a. The limitations of the Technical Assistance Division shall be as follows:
(1) The Technical Assistance Division shall function as a separate division with no infringement upon the enforcement capability of the Department.
after closure.
(b) The Technical Assistance Division shall not perform compliance functions except in cases of imminent danger and shall not have knowledge of or give advance notice of compliance action or activities.
(2) The Technical Assistance Division shall perform only within the scope set by the Department and shall not perform professional engineering functions other than in the field of health and safety as provided in Section 2. of this Chapter.
(3) The Compliance Division shall not have access to technical assistance files, records or correspondence.