Wyo. Code R. 053-0014-5
OSHA - Practice & Procedure
Chapter 5: Enforcement
Effective Date: 08/23/1983 to 01/07/2004
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0014.5.08231983
a. As provided for in Section 27-11-108(a) of the Act. 'Any commission member or authorized employee or representative of the commission 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 commission shall notify employers in writing of their right to refuse the commission or its employees entry to investigate health and safety conditions unless the commission or its employees have a warrant issued by a court of competent jurisdiction.'
(1) The right of entry and inspection shall also include entry for the purpose of monitoring and measuring exposure of any employee to a hazard, contact or environmental problem, including the use of devices to measure employee exposures and the attachment of personal sampling equipment such as pumps, dosimeters and other similar devices to employees in order to measure their exposure, and shall provide such entry for the purpose of enforcement, inspection or technical assistance. (2) Prior to inspecting areas containing information which is classified by an agency of the United States Government in the interest of national security the representative of the Department shall have obtained the appropriate security clearance.
b. A representative or representatives of the employer and a representative or representatives of the employees shall be given an opportunity to accompany any Commission member or any duly authorized employee or representative of the Commission before or during the physical inspection of any workplace for the purpose of aiding such inspection. Where there is no authorized employee representative, the Commission member or any Department representative shall consult with a reasonable number of employees concerning matters of health and safety in the workplace.
(1) The representative(s) authorized by the employees shall be an employee(s) of the employer. However, if in the judgement of the Department representative, good cause has been shown why accompaniment of a third party who is not an employee of the employer (such as an industrial hygienist or a safety engineer) is reasonably necessary to the conduct of an effective and thorough physical inspection of the workplace, such third party may accompany the Department representative during the inspection.
(2) The Department representatives are authorized to deny the right of accompaniment to any individual whose conduct interferes with a fair and orderly inspection.
c. Upon refusal to permit a representative of the Occupational Health and Safety Department, in the exercising of his official duties, to enter without delay and at reasonable times any place of employment or any place therein, to inspect, to review records, or to question any employer, owner, operator, agent or employee in accordance with Section 1. of this Chapter, or to permit a representative of employees to accompany the Department representative during the physical inspection of any workplace in accordance with Section 1., Chapter IV, the Department representative shall terminate the inspection or confine the inspection to other areas, conditions, structures, machines, apparatus, devices, equipment, materials, records or interviews concerning which no objection is raised. The Department representative shall endeavor to ascertain the reason for such refusal and he shall immediately report the refusal and the reason therefor to the Administrator who shall consult with the Attorney General, or his representative, to initiate legal action.
d. Any permission to enter, inspect, review records, or question any individual shall not imply or be conditioned upon a waiver of any cause of action, citation or penalty under the Act. Department representatives are not authorized to grant any such waiver.
a. Under the provision as set down in the Act, the Commission and/or the Department shall provide technical assistance, research and educational services to assist employers and employees toward voluntary compliance with the rules, regulations and standards as promulgated by this State.
(1) Scheduled or advance notice entry may be made into any industry or facility for the purpose of providing the technical assistance services listed in this section.
b. There shall be no advance notices given, except as provided for in a. and c. of this section, when the entry into an industry or activity is for the purpose of an inspection, investigation toward compliance with the rules, regulations or standards promulgated under the provisions of the Act, or in response to a complaint.
(1) 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 the Act, without the consent of the Administrator or his authorized representative shall, upon conviction, be guilty of a misdemeanor and shall be punished by a fine of not more than $10,000.00, or by imprisonment for not more than six (6) months or both.
c. Advance notice of inspection may not be given except in the following situations:
(1) In cases of apparent imminent danger to enable the employer to abate the danger as quickly as possible;
(2) In circumstances where the inspection can most effectively be conducted after regular business hours or where special preparations are necessary for an inspection;
(3) there necessary to assure the presence of representatives of the employer and the employees or the appropriate personnel needed to aid in the inspection; and
(4) In other circumstances where the Administrator determines that the giving of advance notice would enhance the probability of an effective and thorough inspection.
d. As described in subsection c. of this section, advance notice of an inspection may be given only when authorized by the Administrator or his authorized representative, except that in cases of apparent imminent danger, advance notice may be given by the Compliance Supervisor without such authorization if the Administrator or his authorized representative is not immediately available. When notice is given, it shall be the employer's responsibility to promptly notify the authorized representative of the employees of the inspection if the identity of such representative is known to the employer or to give the Department representative the necessary information to do so.
(1) The representative of this Department shall have authority to resolve all disputes as to who is to be the representative(s) authorized by the employees for the purpose of this section.
(2) If there is no authorized representative of employees, or if the Department representative is unable to determine with reasonable certainty who is such representative, he shall consult with a reasonable number of employees concerning matters of safety and health in the work- place.
(3) Upon the request of the employer, the Department representative will inform the authorized representative of the employees of the inspection, provided that the employer furnishes the Department representative with the identity of such representative and with such other information as is necessary to enable him to promptly inform such representative of the inspection.
(a) An employer who fails to comply with his obligation under this paragraph to promptly inform the authorized representative of the employees of the inspection or to furnish such information as is necessary to enable the Department representative to promptly inform such representative of the inspection, may be subject to citation and penalty as provided in Section 27-11-107 of the Act.
e. Advance notice in any of the situations described in subsection c. of this section shall not be given more than 24 hours before the inspection is scheduled to be conducted, except in apparent imminent danger situations and in other unusual circumstances.