Wyo. Code R. 053-0014-2
OSHA - Practice & Procedure
Chapter 2: Rules and Regulations
Effective Date: 08/23/1983 to 01/07/2004
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0014.2.08231983
Date Filed 08/23/83
Exp Date
Supr Date
Repeal Date
Document Type RULES
a. Authority. The Wyoming Occupational Health and Safety Commission (hereinafter referred to as the Commission) under the provisions of Sections 27-11-105 and 27-11-106 of the Wyoming Occupational Health and Safety Act shall have the power to devise, formulate, adopt, amend, repeal and enforce rules and regulations promulgated in the interest of health and safety.
(1) The Commission, in promulgating rules and regulations dealing with toxic materials or harmful physical agents under this subsection, shall set the standard which most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to the hazard dealt with by such rules and regulations for the period of his working life. Development of rules, regulations and standards under this subsection shall be based upon research, demonstrations, experiments, and such other information as may be appropriate. In addition to the attainment of the highest degree of health and safety protection for the employee, other considerations shall be the latest available scientific data in the field, the feasibility of the rules, regulations or standards, and experience gained under this and other health and safety laws. Whenever practicable, the rules and regulations promulgated shall be expressed in terms of objective criteria and of the performance desired.
The Commission in promulgating rules and regulations shall, as necessary, prescribe the use of labels or other
appropriate forms of warning to ensure that employees are apprised of all hazards to which they are exposed, relevant symptoms and appropriate emergency treatment, and proper conditions and precautions of safe use or exposure. Where appropriate, such rules and regulations shall also prescribe suitable protective equipment and control or technological procedures to be used in connection with such hazards and shall provide for monitoring or measuring employee exposure at such locations and intervals, and in such manner as may be necessary for the protection of employees. In addition, where appropriate, any such rules and regulations shall prescribe the type and frequency of medical examinations or other tests which shall be made available, by the employer or at his cost, to employees exposed to such hazards in order to most effectively determine whether the health of such employees is adversely affected by such exposure. 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.
(3) The Commission in promulgating rules and regulations shall, as necessary, set recordkeeping standards which shall
require each employer covered by the Act to make, keep, preserve and make available to the Commission, Department or Department of Labor and Statistics, such records regarding his activities relating to the Act as the Commission may prescribe by rule, regulation or standard as necessary or appropriate for enforcement of the Act or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry out the provisions of this paragraph, such rules, regulations and standards may include provisions requiring employers to conduct periodic inspections. The Commission shall also promulgate rules and regulations requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their projections and obligations under the Act, including the provisions of applicable rules, regulations and standards.
(4) The Commission shall issue rules and regulations requiring employers to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents which are monitored or measured as required by the Commission. Such rules or regulations shall provide employees or their representatives with an opportunity to observe such monitoring or measuring, and to have access to the records thereof. Such rules and regulations shall also make appropriate provision for each employee or former employee to have access to such records as will indicate his own exposure to toxic materials or harmful physical agents. Each employer shall promptly notify any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels which exceed those prescribed by an applicable occupational health and safety standard as set by rule or regulation promulgated under the act, and shall inform any employee who is being thus exposed of the corrective action being taken.
b. General. The development of health and safety rules and regulations shall be through modification and adoption of applicable national consensus standards, occupational safety and health standards which have been adopted or promulgated by the American National Standards Institute (ANSI), the National Fire Protection Association (NFPA), the U.S. Department of Labor, Department of Transportation, and all other standards promulgated by other agencies which are deemed appropriate and necessary. Such standards shall serve as reference and text in the development of the Wyoming Health and Safety Rules, Regulations and Standards. The department shall research and catalog rules and regulations in preparation for review by the Commission. All rules and regulations shall be promulgated by the Commission in accordance with Section 16-3-103 of the Wyoming Administrative Procedure Act, the rules of the Secretary of State and Commission policies. (1) Federal Occupational Safety and Health Standards, Parts 1910 and 1926, shall be utilized for basic guidance in subject and general content; however, portions of these standards shall be amended to meet State requirements but shall provide at least as effective coverage as the Federal Standards.
(c) Development, review and revision.
(1) The Commission may appoint advisory committees equally composed of employers and employees from the industries involved to assist and advise the Commission.
(2) All health and safety rules and regulations shall be reviewed as needed and revised as necessary. Such review and revision shall be accomplished under the same procedures as the original establishment of the rules and regulations.
(3) In the development of health and safety rules and regulations, the Commission shall take into consideration recognized and accepted national standards and codes, recognized industrial standards or similar, in whole or in part, but shall not be limited exclusively to these.
d. Adoption of Federal Standards. Under authority of Section 27-11-105 of the Wyoming Occupational Health and Safety Act, the Commission shall adopt the Federal standards contained in Title 29, Chapter XVII, Parts 1910 and 1926 as amended to conform to the requirements of the State of Wyoming.
(1) The occupational areas listed below by sections as contained in Subpart B of Part 1910 of the Federal Occupational Safety and Health Standards are not in existence in the State of Wyoming and shall not be adopted.
(a) 1910.13 - Ship Repairing
(b) 1910.14 - Shipbuilding (c) 1910.15 - Shipbreaking
(d) 1910.16 - Longshoring
e. The Commission shall adopt, amend or repeal applicable rules, regulations and standards as they are adopted, amended or repealed by the U.S. Department of Labor, unless there is good cause not to adopt, amend or repeal.
(1) The time for adoption, amendment or repeal shall not exceed six months from the effective date of said standard, except for good cause as permitted in e. above.
a. Authority. The provision for the promulgation of emergency rules and regulations shall be that as set down in Section 16-3103(b) of the Wyoming Administrative Procedure Act which provides:
(1) When the Occupational Health and Safety Commission or Department finds that an emergency exists, and such finding is concurred in by the Governor, by written endorsement, the rule or regulation may be adopted and filed in the office of the
Secretary of State and becomes immediately effective for a period of one hundred twenty (120) days.
b. Commission Powers. Under authority of Section 27-11-105(a)(vi) of the Wyoming Occupational Health and Safety Act and acting within the provisions of Section 16-3-103(b) of the Wyoming Administrative Procedure Act, the Commission shall have the power to initiate, develop and promulgate emergency rules and regulations under the following conditions:
(1) When new or unforeseen hazards arise that may be detrimental to the health or safety of the employee;
(2) When, due to unforeseen circumstances or conditions, an existing rule, regulation or standard is declared ineffective.
c. Further development. Emergency rules or regulations as developed, shall establish the basis for suitable vertical or horizontal rules and regulations which shall be promulgated under normal procedures and which shall replace the emergency rules and regulations on or before their termination date.
Rules and Regulations.
a. Horizontal rules and regulations. Horizontal rules and regulations and all applicable standards issued thereunder shall apply to all employers and employees covered by the Act in all industries and places of employment, without exception, within the State of Wyoming.
(1) Employers are required to comply with all applicable rules, regulations and standards.
(2) Employees are required to comply with all rules, regulations and standards applicable to their conduct.
b. Vertical rules and regulations. The applicable vertical rules and regulations shall be that rule or regulation which was promulgated specifically for the industry or occupational area involved. Vertical rules and regulations and all applicable standards issued thereunder shall apply to all employers and employees who are engaged in or employed in the specific industry or occupational area.
(1) Employers are required to comply with
applicable vertical rules, regulations and standards in addition to the horizontal rules, regulations and standards not covered by the vertical rules, regulations and standards.
(2) Employees are required to comply with all rules, regulations and standards applicable to their conduct.