Wyo. Code R. 053-0014-1
OSHA - Practice & Procedure
Effective Date: 08/23/1983 to 01/07/2004
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0014.1.08231983
27-11-101. Citation. This act [27-11-101 to 27-11-114] shall be known and may be cited as the 'Wyoming Occupational Health and Safety Act.' (Laws 1969, ch. 199, sec. 1.)
(a) It is hereby declared to be the policy of the State of Wyoming, that the primary purposes of this act [27-11-101 to 27-11-114] are:
(i) That the prevention of accidents and occupational diseases and abiding by rules and regulations are the responsibility of both the employer and the employee;
(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;
(iv) Commission members and its employees shall be neutral in labor management relations in carrying out the provisions of this act;
(v) Enforcement shall be used only to obtain compliance with the act and the rules and regulations established by the commission;
(vi) It is also the purpose of this act to include everyone who works in private or public employment or is self-employed; except that in the case of self-employed persons in agriculture, its purpose shall be limited to education. (Laws 1969, ch. 199, sec. 2; 1973, ch. 169, Sec. 1.)
(a) As used in this act:
(i) Commission means the Occupational Health and Safety Commission;
(ii) Department means the Department of Employment of the State of Wyoming.
(iii) Employee means a person permitted to work an employer in employment;
(iv) Employer means any Individual or organization, including the state and all its political sub-divisions, which has in its employ one (1) of more individuals performing services for it in employment;
(v) Employment means all services for pay under a contract of hire;
(vi) Party means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party;
(vii) Person means an individual, governmental agency, partnership, association, corporation, business, trust, receiver, trustee, legal representative or successor to any of the foregoing;
(viii) Place of employment means plant, premises, or any other place where directed by the employer or about which an employee is permitted to work;
(ix) This act means W.S. 27-11-101 through 27-11-114.
27-11-104. Occupational Health and Safety Commission, generally.
(a) There is hereby created an Occupational Health and Safety Commission, hereinafter referred to as the commission,' which shall be composed of seven (7) members comprised of one (1) from the general field of employees or employee organizations; one (1) from the general field of business or industry; one (1) medical doctor; and four (4) from the public at large who shall all be appointed by the governor with the advice and consent of the senate without regard to political affiliation. The commission members shall choose the commission chairman annually.
(b) Failure by any member of the commission to properly represent the interests of the entire State of Wyoming shall constitute cause for removal of such member by the governor upon the unanimous recommendation of the other commission members. After receiving such recommendation, the governor may then remove such commission member by notifying him in writing of such removal without any further process and appoint a new member to fill the unexpired term of the commission member removed.
(c) The terms of the members shall be for six (6) years, except that of the initially appointed members; one (1) from the field of business, and one (1) from the field of labor shall serve six (6) years and one (1) medical doctor who shall serve for a term of six (6) years; and four (4) members from the public at large, one (1) to serve a term of two (2) years, one (1) to serve a term of three (3) years and one (1) to serve term of four (4) years and one (1) to serve a term of five (5) years. The terms of the members shall terminate on the last day of February of the sixth year after their appointment, except as initially appointed. When a vacancy shall occur the governor shall appoint a member for the remaining portion of the unexpired term created by the vacancy.
(d) The commission shall hold at least four (4) regular meetings per year at such time and place as the chairman shall specify. Special meetings may be called by the chairman, and special meetings must be called by the chairman upon a written request by four (4) or more members. Four (4) members shall constitute a quorum. Rules, regulations and variances shall not be devised, formulated, adopted, amended or repealed except by majority vote of the entire membership of the commission. All other matters shall be decided by a majority vote of those in attendance and constituting a quorum.
(e) No member of the commission nor any member of any advisory committees hereinafter referred to, not otherwise in full-time employment of the state, shall receive any salary but shall receive the same per diem, mileage and expense allowance while attending and traveling to and from meetings as officers or employees of the state are allowed.
(f) The commission shall contract with an independent hearing officer to hear all contests of notice of violation, proposed penalty or abatement periods for violations, as written in the notice of violation received by the employer. The hearing officer shall be a qualified member of the bar of Wyoming and may not be an employee of the office of the attorney general or the department or a member of the commission:
(i) The employer shall have the right to contest the alleged violation, abatement period or proposed penalty for violation as written in the notice of violation;
(ii) The employee or the employee representative shall have the right to contest the abatement period as stated in the notice of violation and to participate in any hearings concerning such abatement period;
(iii) The hearing shall be held as soon after receiving the letter of contest and in a city as near the site of occurrence as practicable;
(iv) All hearings shall be conducted pursuant to the Wyoming Administrative Procedure Act. The hearing officers have the powers specified in W.S. 16-3-112(b). The hearing officer shall make written findings of fact and conclusions of law in each contested case;
(v) The hiring officer shall recommend a decision to the commission. The decision of the commission is the final administrative decision. A party adversely affected by a decision of the commission may appeal to the district court in the county where the violation allegedly occurred. (Laws 1969, ch. 199, sec. 4; 1973, ch. 196, sec. 1.)
27-11-105. Same; powers and duties.
(a) The department, in consultation with the commission, has the powers and is hereby charged with the duties:
(i) To develop and formulate 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;
(ii) To assure that all agencies and their staffs shall comply with directives of the commission in regard to occupational health and safety;
(iii) To cooperate, as specified in W.S. 27-2-105 and in section 24(a) of Public Law 91-96 [29 U.S.C. 673(a)] in the collection, compilation and analysis of data relative to the occurrence of occupational injuries and illnesses.
(iv) To compile statistics and to require such reports as may be needed to aid in accomplishing this purpose;
(v) To do research on the causes and methods of preventing occupational diseases and accidents;
(vi) To promote accident prevention and occupational disease prevention programs and to provide consultative and educational assistance;
(vii) To select or give emphasis to those areas and segments of the business and industrial community which need the concentrated attention and assistance of the commission and its employees;
(viii) To enter into agreements with agencies of the United States government for assistance, cooperation and enforcement of safety laws and to accept funds from such federal agencies for the purpose of carrying out any of the provisions of this act;
(ix) To institute or cause to be instituted appropriate civil or criminal actions to enforce the provisions of this act and the rules and regulations promulgated under this act.
(b) The commission has the following powers and duties:
(i) To prescribe rules of practice and procedure;
(ii) To promulgate, devise, formulate, adopt, amend, and repeal rules and regulations and to appoint advisory committees equally composed of employers and employees from the industries involved to assist and advise the commission;
(A) All rules and regulations shall be reviewed as needed and revised as necessary. Such review would be under the same procedures as the original establishment of the rules and regulations;
(B) The standards set by rule and regulation by the commission shall take into consideration recognized and accepted national codes, recognized industrial standards or similar, in whole or in part, but shall not be limited exclusively to these;
(C) The rules and regulations shall not be more stringent than corresponding federal rules or regulations. If there are no corresponding federal rules or regulations the commission may adopt applicable state rules and regulations.
(iii) To exempt from coverage under this act any trade or business when the commission deems federal or other authority is adequate and dual or overlapping authority would result. If any trade or business is exempted under this section the commission shall file a detailed report with the governor showing the reasons for such exemption together with an affirmance by the federal or other authority that the coverage is adequate;
(iv) To require that any rules and regulations of the commission be a part of construction, maintenance or servicing contracts or other contracts as the commission may determine;
(v) To consider and grant in accordance with the subject to the terms and limitations provided in W.S. 27-11-111, variances from standards, rules and regulations promulgated under this act;
(vi) To require the employer to be charged with the following duties;
(A) Each employer shall furnish to his employees, a place of employment and employment which are free from recognized hazards that are causing or that are likely to cause death or serious physical harm;
(B) The employer shall comply with occupational safety and health standards, rules, regulations and orders issued pursuant to this act.
(vii) To require the employee to be charged with the following duty, each employee shall comply with occupational safety and health standards and all rules, regulations and orders issued pursuant to this act which are applicable to his own actions and conduct.
(a) The department shall enforce and administer this act and the rules, regulations and orders promulgated and issued under this act. The commission shall have authority to hold hearings for the promulgation of rules and regulations in accordance with the Wyoming Administrative Procedure Act. In any case that goes uncontested the commission may, after opportunity to show cause, enter an order of final disposition which may be enforced by any district court.
(b) If an imminent danger to health or safety exists, whether it is in a specific industry where rules and regulations are in effect or not, the commission or any employee of the department so authorized is hereby empowered to direct the person where such imminent danger to health and safety exists to cease operations immediately in order to eliminate such danger to health and safety. If such person does not cease operations so as to eliminate such danger, the commission, its chairman, or any employee of the department so authorized, may bring a civil suit in the name of the state in the district court of the county where such danger exists, or in the United States District Court for Wyoming (if it otherwise has jurisdiction) to restrain such person from continuing such operations where an imminent danger to health or safety exists.
(c) In contested cases where no appeal has been taken from the decision of the commission within the time provided for such, an appeal, the commission shall adopt the decision and order the department and employer to act in accordance with the decision. Any state district court may enforce commission orders issued in that county after a hearing where no appeal has been taken. The United States District Court for Wyoming (if it otherwise has jurisdiction) may also enforce any commission order.
(d) Any suit, action or appeal involving this act or rule, regulation, or order of the commission, shall be advanced for trial and determined as expeditiously as feasible and no postponement or continuance shall be granted unless deemed imperative by the court. (Laws 1969, ch. 199, sec. 6; 1973, ch. 169 Sec. 1)
(a) Any employer willfully and knowingly violating any of the provisions of this act [27-11-101 and 27-11-114], any health and safety standards, rules or regulations promulgated under this act or any exists rule or regulation governing the conditions of employment promulgated by the commission which causes death of an employee, upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000.00) or by imprisonment of not more than six (6) months, or both. If the conviction is for a violation committed after a first conviction of the same person, punishment shall be by a fine of not more than twenty thousand dollars ($20,000.00) or by imprisonment for not more than one (1) year, or both.
(b) Any employer willfully and knowingly violating any of the provisions of this act, any health and safety standards, rules or regulations promulgated under this act or any existing rule or regulation governing the conditions of employment promulgated by the commission may be assessed a civil penalty of not less than five thousand dollars ($5,000.00) nor more than seventy thousand dollars ($70,000.00) for each violation provided that a lesser penalty may be imposed by the commission.
(c) Any employer violating any provision of this act, any health and safety standards or rules and regulations promulgated under this act, or any existing rule or regulation governing the conditions of employment promulgated by the commission, the violation specifically determined to be of a serious nature, shall be assessed a civil penalty of not more than seven thousand dollars ($7,000.00) for the violation.
(d) Any employer violating any provision of this act, any health and safety standards or rules and regulations promulgated under this act, or any existing rule or regulation governing the conditions of employment promulgated by the commission, the violation determined not to be of a serious nature, may be assessed a civil penalty of not more than seven thousand dollars ($7,000.00) for each offense as noted in the notice of violation.
(e) Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this act, upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000.00) or by imprisonment for not more than six (6) months, or both.
(f) Any employer who violates any of the posting requirements, as prescribed under the provision of this act, may be assessed a civil penalty of up to seven thousand dollars ($7,000.00) for each violation.
(g) Any employer who fails to correct a violation for which a notice of violation has been issued, which notice of violation is not contested or appealed under W.S. 27-11-104 and 27-11-106, initiated by the employer, may be assessed a civil penalty of not more than seven thousand dollars ($7,000.00) for each day the failure or violation continues.
(h) Payment of all fines and penalties imposed under this section shall be made to the county treasurer of the county in which the violation occurs to be credited to the county school fund.
27-11-108. Right of entry and inspection; accompaniment by representatives of employer and employees during inspection; consultation with employees; penalty for giving advance notice of inspection.
(a) Any department authorized employee or representative of the both department may enter and inspect any property, premises or place, except private residences where persons are employed, at any reasonable time to investigate health and safety conditions and compliance with safety and health laws, rules and regulations. No person conducting an inspection under this subsection shall unreasonably interfere with the operations, business or work of any employer or employee. At the opening conference, immediately before an inspection commences, the department shall notify employers in writing of their right to refuse its employees entry to investigate health and safety conditions unless employees have a warrant issued by a court of competent jurisdiction.
(b) A representative or representatives of the employer and a representative or representatives authorized by the employees shall be given an opportunity to accompany any duly authorized employee or representative of the department before or during the physical inspection of any workplace for the purpose of aiding such inspection. Where there is no authorized employee representative, any duly authorized employee or representative of the department shall consult with a reasonable number of employees concerning matters of health and safety.
(c) Any person who gives advance notice of any inspection, investigation or response to a complaint to be conducted under the authority, and for the purpose of enforcement of this act without the consent of the department shall, upon conviction, be guilty of a misdemeanor and shall be punished by a fine of not more than ten thousand dollars ($10,000.00) or by imprisonment for not more than six (6) months, or both.
27-11-109. Investigation of violations, proceedings; discrimination against employees filing complaints prohibited; confidentiality of trade secrets.
(a) The commission or chairman, in their discretion, may make such public or private investigations as they deem necessary to determine whether any person or employer has violated, or is about to violate, any provision of this act [27-11-101 to 27-11114], or any rules, regulations, or order hereunder, or to aid in the enforcement of this act, or in the prescribing of rules and regulations hereunder, may require or permit any person to file a statement in writing, under oath or otherwise, as they determine, as to all the facts and circumstances concerning the matter to be investigated and may publish information concerning any violation of this act, rule, regulation or order hereunder.
(b) For the purpose of any investigation or proceeding under this act any member of the commission or any officer designated by the chairman may administer oaths and affirmations, subpoena witnesses, and compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records, which the commission or its chairman deem relevant or material to the Inquiry.
(c) In case of contumacy by or refusal to obey a subpoena issued to any person, any Wyoming district court, upon application by the commission or its chairman, may issue to the person an order requiring him to appear before the commission or the officer designated by them, to produce documentary evidence if so ordered, or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as contempt of court.
(d) When the commission or the department shall discover or have reason to believe that any provision of the employment health and safety laws or any rule is being violated, written notice shall be served upon the person violating the same to comply with the notice within a reasonable time, to be fixed in the notice, which notice shall specify the time to be not more than thirty (30) days, except that such time may be extended for good cause shown. The notice shall specify the violation and shall be posted at or near the site of violation for a period of three (3) days or until the violation is abated, whichever is longer.
(i) In fixing the time in such notice and any extension of time, consideration shall be given to the nature of the failure or defect constituting the violation, the probable danger thereof, and the probable length of time and amount of labor required to correct the violation.
(ii) If the violation continues after the expiration of the period of time fixed in the notice, including any such extension of time, enforcement in this type of case will be sought by the commission or the department by filing a complaint and seeking a cease and desist order in the district court.
(iii) Proposed penalty amounts shall be clearly stated as part of the notice of violation, but shall be a separate document which need not be posted with the notice of violation.
(iv) Nothing in paragraphs (i) and (ii) of this subsection shall be applicable to W.S. 27-11-106(b).
(e) No employer shall discharge or in any manner discriminate against any employee because such employee has filed any notice of complaint or has instituted, or caused to be instituted, any proceeding under- or related to this act or has testified or is about to testify in any such proceeding, or because of the exercise by such employee on behalf of himself or others any right afforded by this act.
(f) All information reported or likewise obtained by the department in connection with any inspection or investigation under- this, act which contains or which might reveal a trade secret shall be considered as confidential for the purpose of this act; except that such information may be disclosed to other representatives of the department concerned with carrying out this act or when relevant in any proceedings as required under this act. In any such proceedings, the department, the commission, the review board or the court shall issue orders as may be appropriate to protect the confidentiality of trade secrets.
27-11-110. Injunction; bond; effect of sovereign immunity. Whenever it appears to the commission that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this act [27-11-101 to 27-11-114], or any rule, regulation, or order hereunder, the commission, its chairman, or any person so authorized by the commission may bring an action in the name of the state in the district court of any county in which the violation occurred or where it appears a violation may occur to enjoin the acts or practices to enforce compliance with this act, rule or regulation or order hereunder. Upon a proper showing a permanent or temporary injunction or restraining order shall be granted. This action shall not exempt the person so enjoined from penalty, as provided in section 27-280 [27-11-107] of the statutes, or from enforcement of any other section of the act. The court may not require the commission, its chairman, or any person authorized to bring such action, to post a bond for more than fifty thousand dollars ($50,000.00) and the State of Wyoming does hereby waive sovereign immunity up to and including the amount of the bond the court requires posted in each suit but in no event shall such waiver be more than fifty thousand dollars ($50,000.00) for liability incurred due to wrongfully causing a court to order a person to cease operating his business pursuant to this act. (Laws 1969, ch. 199, sec. 10; 1973, ch. 169, sec. 1).
(a) Any person affected by this act [27-11-101 to 27-11-114] may request a variance to any standard, rule or regulation promulgated under this act.
(b) The commission or department shall be empowered to issue a temporary variance when the employer establishes that:
(i) He is unable to comply with the standard, rule or regulation because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance;
(ii) He has taken all available steps to safeguard his employees against the hazards covered by the standard, rule or regulation;
(iii) He has an effective program for coming into compliance with the standard, rule or regulation as quickly as practical; and
(iv) He has advised his employees of his request for the variance.
(c) A variance may be granted when it shall be determined, after opportunity for an inspection and a hearing, that the employer requesting the variance has demonstrated by a sufficient amount of evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used by the employer will provide employment and a place of employment to his employees which are as safe and healthful as those which would prevail if he complied with the standard, rule or regulation.
(d) Procedures for the issuing of a variance are set by rule as provided in section 27-278 [27-11-105] of the statutes. (Laws 1969, ch. 199, sec. 11; 1973, ch. 169, sec. 2.)
27-11-112. Occupational Health and Safety staff. The Department of Employment shall investigate charges and complaints of violation of the laws of this state with respect to health and safety and any order, rules, or regulations of the commission made in connection therewith and report them to the commission.
27-11-113. Physical examination of employees; religious exemption. Any employer may require an employee to submit to a physical examination before employment or at any time during employment, and shall provide for a physical examination, as deemed necessary, due to exposure or contact with hazards or environmental conditions which may be detrimental to the health of the employee. Nothing in this or any other provision of this act [27-11-101 to 27-11-114] shall be deemed to authorize or require medical examination, immunization or treatment for those who object thereto on religious grounds, except where such is necessary for the protection of the health or safety of others. The results of such examinations shall be furnished only to the department, the employer, and, upon request, to the employee and the employee's physician. The employer shall pay for such examination. (Laws 1969, ch. 199, Sec. 13; 1973, ch. 169, Sec. 1.) 27-11-114. Limitations.
(a) Nothing in this act [27-11-101 to 27-11-114] shall:
(i) Limit or restrict the present jurisdiction or authority of the public service commission except employee safety and occupational health;
(ii) Supersede or limit the present authority for making rules and regulations pertaining to coal mines;
(iii) Affect the rules and regulations now in force until the commission shall adopt rules and regulations pertaining to noncoal mines and until the same shall become effective;
(iv) Affect the appointment of the state mine inspector and deputy mine inspectors;
(v) Affect: the powers and duties of the state mine Inspector and deputy mine inspectors as to their present powers and duties until July 1, 1970. (Laws 1969, ch. 199, sec. 14.)
The Occupational Health and Safety Commission is reestablished and continued under the provisions of K.S. 28-10-103(b). This Act is effective April 1, 1990.
a. It shall be the purpose and scope of these Rules of Practice and Procedure to further provide the assurance that insofar as possible every working person within this State shall have safe and healthful working conditions free from recognized hazards and to preserve our State's human resources:
(1) By providing the authority necessary to administer a complete occupational health and safety program.
(2) 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.
(3) By providing the means to grant just variances to rules, regulations and standards as promulgated under (2) above, except that no variance may be granted to the Act, these Rules of Practice and Procedure and the Federal Recordkeeping Requirements.
(4) By providing for the administration and enforcement of all rules, regulations and standards as promulgated under the provisions of the State of Wyoming Occupational Health and Safety Act.
(5) By providing the necessary Rules of Practice and Procedure governing the Right of Entry and Inspection.
(6) By enforcing the Federal OSHA Recordkeeping Requirements as well as those deemed necessary for the State.
(7) By providing technical assistance and research for the benefit of employers and employees in the field of occupational health and safety toward voluntary compliance with rules, regulations and standards as promulgated by this State for the protection of said employers and employees.
(8) 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.
Section 27-11-104 Occupational health and safety commission: generally.
Section 27.11.105 Same: powers and duties
Section 27-11.106 Enforcement and administration. Section 27-11.108 Right of entry and inspection: accompaniment by representatives of employer and employees during inspection: consultation with employees: penalty for giving advance notice of inspection.
Section 27.11.109 Investigation of violations; proceedings; discrimination against employees filing complaints prohibited: confidentiality of trade secrets.
Section 27-11.112 Staff; state health and safety administrator.
Section 27-11-113 Physical examination of employees: religious exemption.
“Act” means W.S. 27.11-101 through 27.11-114.
“Administrator” means the Health and Safety Administrator of the Occupational Health and Safety Department of the State of Wyoming.
“Commission” means the Occupational Health and Safety Commission of the State of Wyoming.
“Department” means the Occupational Health and Safety Department of the State of Wyoming.
“Employee” means a person permitted to work by an employer in employment for wages, salary or commission.
f. “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.
“Employment” means all services for pay under a contract of hire.
“Establishment” means any place in or about which an employee shall perform his work.
i. “Failure to Correct (Violation).” Any employer who fails to correct a violation within the period allowed for an abatement In the Notice of Violation, when the Notice of Violation is not contested or appealed, may be assessed a civil penalty of not more than -1,000 for each day the violation continues beyond the abatement date.
j. “General Duty Clause Violation.” Provides that each employer shall furnish to each of his employees, employment and place of employment which are free from recognized hazards that are causing or are likely to cause death or serious harm to his employees. Notice of Violations issued for violations based on the general duty clause are restricted to serious, willful, repeated or knowing viola- tions. In the case of “other” violations, no Notice of Violation shall be issued based on the general duty clause.
k. “Giving Unauthorized Advance Notice of Inspection.” Any person who gives unauthorized advance notice of any inspection to be conducted under the Act shall, upon conviction, be punished by a fine of not more than $10,000.00 or by imprisonment for not more than six (6) months, or both. It should be noted that giving of advance notice of inspections is not banned where it is authorized. In such circumstances, the sanctions for giving advance notice would not apply. I. “Giving False Information.” Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to the Act shall, upon conviction, be punished by a fine of not more than $10,000.00 or by imprisonment for not more than six (6) months, or by both.
“Hearing” shall mean a formal or informal hearing as designated by the Commission.
n. “Imminent Danger.” Any conditions or practices in any place of employment which are such that a danger exists 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.
“Industry” means a trade, business, industry or branch thereof, or group of industries, in which individuals are employed.
p. “Inspections” means any inspection of any property, premises, or place except private residences where persons are employed where work is performed by an employee for an employer, and includes any inspection conducted pursuant to a complaint filed, an re-inspection, followup inspection, accident investigation or other inspection conducted under Sections 27-11-108 and 27-11-109 of the Act.
q. “Nonserious Violation.” A nonserious violation shall be deemed to exist 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 relationship to the health and safety of employees.
“Party” means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party.
“Persons” means an individual, governmental agency, partnership, association, corporation, business, trust, receiver, trustee, legal representative or successor to any of the foregoing.
“Place of Employment” means plant, premises, or any other place where directed by the employer or about which an employee is permitted to work.
“Posting Requirements Violations.” The Act stipulates that any employer who violates posting requirements may be assessed a penalty of up to $1,000 for each violation.
“Published” shall mean as prescribed by the State Administrative Procedure Act.
w. “Repeated or Knowing Violations” means the repeating of a violation of any rule, regulation, standard or order, or the general duty clause, where a Notice of Violation has previously been issued for violations. A repeated or knowing violation differs from a failure to correct in that repeated or knowing violations exist where the employer has abated an earlier violation and, upon a later inspection, is found to have violated the same rule, regulation or standard.
“Representative” means a person authorized by the Occupational Health and Safety Department, State of Wyoming, to conduct inspections or any other routine activity of the Department.
“Representative, Employee” 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.
z. “Rules of Practice and Procedure” means those rules prescribed pursuant to Section 27-11-105(a)(i) of the Act which dictate the practices and procedures governing the Commission, the Department and industry covered by the Act.
aa. 'Rules and Regulations' means those rules and regulations adopted pursuant to Section 27-11-105(a)(viii) of the Act which establish standards and regulate the health and safety of employees and employers in all industry covered by the Act.
(1) 'Horizontal Rules and Regulations' means rules and regulations which apply to all industries, including those covered by vertical rules and regulations, places of employment, employers and employees, without exception, that are covered by the Act.
(2) 'Vertical Rules and Regulations' means rules and regulations which apply to a specific industry or occupational area and do not apply to any other industry or occupational area.
bb. 'Serious Violation.' A serious violation shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.
cc. 'Standard' means those standards set by rules and regulations as adopted by the Commission which shall take into consideration recognized and accepted National Codes, industrial standards, in whole or in part, but shall not be limited exclusively to these.
dd. 'State' means the State of Wyoming.
ee. 'Working Days' means Mondays through Fridays but shall not include Saturdays, Sundays, 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.
ff. 'Willful Violation.' A 'willful' violation may exist under the Act where the evidence shows (1) that the employer committed an intentional and knowing violation of the Act and the employer is conscious of the fact that what he is doing constitutes a violation of the Act, or (2) even though the employer was not consciously violating the Act, he was aware that a hazardous condition existed and made no reasonable effort to eliminate the condition. It is not necessary that the violation be committed with a bad purpose, or an evil intent, to be deemed 'willful' under the Act. It is sufficient that the act was deliberate, voluntary or intentional as distinguished from those which were inadvertent, accidental or ordinarily negligent.
gg. 'Willful Violations Causing Death.' The Act provides that any employer convicted of a willful violation of any standard, rule, order or regulation causing the death of any employee shall be punished by a fine of not more than $10,000.00, or by imprisonment of not more than six (6) months or by both. For a second conviction under this section, punishment shall be by a fine of not more than $20,000.00 or by imprisonment for not more than one year, or by both.