Wyo. Code R. 053-0014-1
OSHA - Practice & Procedure
Effective Date: 01/07/2004 to 12/12/2017
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0014.1.01072004
(a) It shall be the purpose and scope of these Rules of Practice and Procedure to provide assurance that insofar as possible every working person within this State shall have safe and healthful working conditions free from recognized hazards:
(i) By providing the authority necessary to administer a complete occupational health and safety program.
(ii) By providing for the promulgation of health and safety rules, regulations and standards as necessary to protect businesses and occupations from accident or illness due to unsafe and/or unhealthy industrial environments.
(iii) By providing the means to grant variances to rules, regulations and standards promulgated, except that no variance may be granted to the Act, these Rules of Practice and Procedure and the Federal Recordkeeping Requirements.
(iv) By providing for the administration and enforcement of all rules, regulations and standards promulgated under the provisions of the State of Wyoming Occupational Health and Safety Act.
(v) By providing the necessary Rules of Practice and Procedure for the Right of Entry and Inspection.
(vi) By enforcing the Federal OSHA Recordkeeping Requirements as well as those of the State.
(vii) By providing technical assistance and research in the field of occupational health and safety for the benefit and protection of employers and employees through voluntary compliance with rules, regulations and standards promulgated by the State.
(viii) By providing for an occupational health program.
The authority for these Rules of Practice and Procedure is provided in the State of Wyoming Occupational Health and Safety Act ,27-11-101 et. seq.
(a) 'Act' means W.S. 27.11-101 through 27.11-114.
(b) 'Administrator' means the Administrator of the Workers' Safety and Compensation Division or his representative(s).
(c) 'Commission' means the Occupational Health and Safety Commission of the State of Wyoming.
(d) 'Consultant' means an employee in the Worker's Safety Technical Assistance Section who provides consultation.
(e) 'Consultation' means all activities related to the provision of technical assistance, including offsite consultation and onsite consultation.
(f) 'Department' means the Department of Employment.
(g) 'Department representative' means any person authorized by the Department to conduct inspections or any other routine activity of the Department.
(h) 'Employee' means a person permitted to work by an employer in employment for wages, salary or commission.
(i) 'Employee Representative' means an employee or other person designated or selected by the employees of an establishment to represent said employees in exercising their rights under the Act.
(j) 'Employer' means any individual or organization including the state and all its political subdivisions, which has in its employ one or more individuals performing services for it in employment.
(k) 'Employment' means all services for pay as an employee.
(l) 'General Duty' Each employer has the general duty to furnish to each of his employees, a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious harm to his employees.
(m) 'Imminent Danger.' Any conditions or practices in any place of employment which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by the Act.
(n) 'Inspection' means an audit of any property, premises, or place, except private residences, where persons are employed and work is performed by an employee for an employer, and includes any inspection conducted pursuant to a complaint filed, any re-inspection, follow-up inspection, accident investigation or other inspection conducted under W.S. 27-11-108 and 27-11-109.
(o) 'Nonserious Violation.' A condition existing in a place of employment where an incident or occupational illness resulting from a violation of a rule, regulation or standard would probably not cause death or serious physical harm but which has a direct or immediate impact on the health and safety of employees.
(p) 'Notice of Violation.' The document issued by the Compliance Supervisor which describes the violation of a statute, rule or regulation, a penalty, and any other rights or notices required.
(q) 'Party' means each person or agency named in a Citation or Notice.
(r) 'Person' means an individual, governmental agency, partnership, association, corporation, business, trust, receiver, trustee, legal representative or successor to any of the foregoing.
(s) 'Place of Employment' means plant, premises, or any other place under control of the employer or about which an employee is permitted to work.
(t) 'Repeated Violations' means the subsequent violation of any rule, regulation, standard or order, or general duty, where a Citation or Notice has previously been issued for violations.
(u) 'Serious Violation.' A serious violation exists in a place of employment if there is a probability that death or serious physical harm could result from a condition or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment.
(v) 'State' means the State of Wyoming.
(w) 'Working Day' means Monday through Friday but shall not include Federal or State holidays. In computing 15 working days, the day of receipt of any notice shall not be included, and the last day of the 15 working days shall be included.
(x) 'Willful Violation.' Willful violation means either an intentional violation of the Act or indifference to its requirements.