Wyo. Code R. 053-0014-6
OSHA - Practice & Procedure
Chapter 6: Recording, Reporting & Posting Requirements
Effective Date: 06/24/1994 to 10/29/2001
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0014.6.06241994
a. The department shall require employers to maintain records, make reports and post the necessary documents required by the State Occupational Health and Safety Act in the same manner and to the same extent as required by Federal Law 91-596.
b. The department shall enforce all recording, reporting and posting requirements prescribed by the Federal Occupational Safety and Health Administration (OSHA) and those promulgated pursuant to the State Occupational Health and Safety Act, and shall inspect all required records on the premises of the employer during a compliance inspection or as deemed necessary by the Administrator.
c. The department shall not issue variances to the recordkeeping requirements. These requirements shall be issued by the Federal OSHA. All such variances granted by Federal OSHA shall be respected by the department.
d. The Wyoming recordkeeping requirements shall be amended and updated as required to comply with Federal record keeping requirements.
e. Records provided for in this section shall also be available for inspection and copying by appropriate state official and any representative of the Bureau of Labor Statistics, U.S. Department of Labor or of the Department of Health, Human Services and Education for statistical purposes.
a. Any adoption and/or substitution of Recordkeeping Requirements or forms by this Department shall be with the sanction and approval of the applicable federal agency.
At any time and for any reason deemed necessary or desirable by the department or commission, any notice, statement, form, letter or other source of information pertinent to the health and safety of employees shall be posted by the employer as directed by the department or commission.
a. Such materials shall be posted for the full duration of the time period specified.
b. Such materials shall not be defaced, marked on, altered or covered by other material.
c. The poster 'Safety and Health Protection on the Job' WOKS Form 902, as provided by the department, shall be permanently posted in a prominent place in the establishment to which the employees usually report to work.
a. The Department shall be notified as provided in subsection d. of this section when an accident results in:
(1) Fatality to one (1) or more employees
(2) Hospitalization of five (3) or more employees.
b. Responsibility. The employer of any employees who are victims of injury or fatality shall initiate and complete all reporting requirements as provided in this section and Section 7. of this Chapter.
c. Notification period. Notification of accidents shall be made as soon as possible, but not later than the times specified in this section.
(1) Fatality cases: Within 8 hours after occurrence. (2) Hospitalization cases: Within 8 hours after occurrence.
d. Method of notification. Notification may be accomplished by:
(1) Telephone, (2) In person.
The notification shall be submitted to the Department of Employment - OSHA, Herschler Building, 2 East, Cheyenne, WY 82002; Telephone number (307) 777-7786, day or night, seven (7) days a week.
e. Contents of notification. The notification shall include, but not be restricted to:
(1) Personal data related to injuries and fatalities: (a) Name of victim(s) (b) Age(s) (c) Occupation(s). (2) Description of accident. (3) Description and location of accident site. (4) Employer's name, office location and office telephone number. (5) Name, address and telephone number of reporting person. (6) Name, address and telephone number of person(s) to contact at the scene of the
accident or for accompaniment at the inspection.
f. This requirement applies to each such fatality or hospitalization or three or more employees which occurs within thirty (30) days of an incident.
g. Exception: If the employer does not learn of a reportable incident at the time it occurs and the incident would otherwise be reportable under paragraphs a.(1) & (2) of this section, the employer shall make the report within 8 hours of the time the incident is reported to any agent or employee of the employer.
Section 5. Falsification of, or Failure to Keep Records or Reports.
a. Section 27-11-107(e) of the Act provides that "Whoever knowingly make 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 of not more than six (6) months, or both.”
b. Failure to maintain records or file reports required by this chapter may result in the issuance of a notice of violation and proposed penalty by the department, as provided in Section 2711-107(e) of the Act.
c. Records required to be kept under the Act shall be maintained on the premises or at other available places for a period of not less than five (5) years, except that records shall be maintained for a period of not less than five (5) years after the file becomes inactive. (NOTE: Due to the Statute of Limitations as provided in Title 1.1.3-105 and 1.3.109 of the Wyoming Statutes, 1977, it is recommended that employers maintain these records for a period of ten (10) years.)
Where an establishment has changed ownership, the employer shall be responsible for maintaining records and filing reports, only for that period of the year during which he owned such establishment. However, in the case of any change in ownership, the employer shall preserve those records, if any, of the prior ownership which are required to be kept under this Chapter. These records shall be retained at each establishment to which they relate, for the period or remainder thereof, required under Section 7. of this Chapter.
a. Section 27-11-105 of the Act directs the Occupational Health and Safety Commission, in consultation with the department, to develop and maintain a program of collection, compilation and analysis of occupational health and safety statistics. The department has been delegated this authority by Section 27-11-105(a)(iii) of the Act. The program shall consist of periodic surveys of occupational injuries and illnesses.
Every employer covered by the Act in “[h]e State of Wyoming shall be required to maintain occupational injury and illness records, as required by the Act and in Section 24(a) of Public Law 91-596 except an employer who had not more than ten (10) employees at any time during the calendar year or an employer whose establishment is classified in Standards Industrial Classification Codes 52-89 (excluding 52-54, 70, 75, 76, 79 and 80) need not comply unless prenotified by the department.
(a) Each employer who is subject to recordkeeping requirements of the Act must maintain for each establishment a log of all recordable occupational injuries and illnesses. OSHA Form 200 (which contains the definition of “recordable cases”), may be used for that purpose. A substitute for Form OSHA 200 is acceptable if it is as detailed, easily readable, and understandable as the OSHA Form 200. Entries of recordable cases must be made in the log within six (6) working days of receiving information that a recordable incident has occurred. The log must be kept current and retained for five (5) years following the end of the calendar year to which it pertains. The retention period applies to any predecessor forms to the OSHA Form 200. (NOTE: Due to the Statute of Limitations as provided in Title 1, 1-3-105 and 1-3-109 of the Wyoming Statutes, 1977, it is recommended that employers maintain these records for a period of ten (10) years.)
(2) Any employer may maintain the log and summary of occupational injuries and illnesses at a place other than the establishment or by means of data processing equipment or both, under the following circumstances:
(a) There is available at the place where the log is maintained sufficient information to complete the log to a date within six (6) working days after receiving information that a recordable case has occurred, as required by b.(1) of this section.
(b) At each of the employer's establishments, there is available a copy of the log which reflects separately the injury and illness experience of that establishment complete and current to a date within 45 calendar days.
(c) The log and summary of all recordable occupational injuries and illnesses (OSHA 200 and any predecessor forms to the OSHA 200 Form) (the log) provided for in Section 7.b.(1)(a) of this Chapter shall, upon request, be made available by the employer to any employee, former employee, and to - their representatives for examination and copying in a reasonable manner and at reasonable times. The employee, former employee, and their representatives shall have access to the log for any establishment in which the employee is or has been employed.
(3) The summary portion of OSHA Form 200 (or its substitute, per b.(1)(a) of this section) must be posted in the establishment to which it applied in the same manner that notices are required to be posted under Section 3. of this Chapter. The summary must be posted no later than February 1 and shall remain in place until March 1. For employees who do not primarily report or work at a single establishment or who do not report to any fixed establishment on a regular basis. employers shall satisfy this posting requirement by presenting or mailing a copy of the summary during the month of February of the following year to each employee who receives pay during that month. For multiestablishment employers, where operations have closed down in some establishments during the calendar year, it will not be necessary to post summaries for those establishments.
(4) Employers of employees engaged in physically dispersed operations such as occur in construction, installation, repair or service activities who do not report to any fixed establishment on a regular basis but are subject to common supervision may satisfy the recordkeeping provisions with respect to such employees by:
(a) Maintaining the required records for each operation or group of operations which is subject to common supervision (field superintendent, field supervisor, etc.) in an established central place;
(b) Having the address and telephone number of the central place available at each worksite; and
(c) Having personnel available at the central place during normal business hours to provide information from the records maintained there by telephone and by mail.
(5) Form WCD- 1. For each recordable occupational injury or illness an employer in the State of Wyoming who is covered by the Act shall be required to complete the WCD-1 Form and maintain a copy thereof in the establishment within six (6) days after the employer has been notified of the injury or illness. It shall be maintained in the employer's files for a period of five (5) years following the end of the calendar year to which they pertain.
NOTE: Due to the Statute of Limitations as provided in Title 1, 1-3-105 and 1-3-109 of the Wyoming Statutes, 1977, it is recommended that employers maintain these records for a period often (10) years.)
c. Survey of Occupational Injuries and Illnesses. (OSHA Form 200s) Periodically a statistical sample of employers shall be selected and such selected employers shall be required to submit, per instructions and definitions, to the department, the information requested on the Occupational Injuries and Illness Survey. This information is for statistical purposes only and will not be used to single out an individual employer.
d. Access to records.
Each employer shall provide, upon request, records provided for in this Chapter VI for inspection and copying by any representative of the department or the United States Secretary of Labor for the purpose of carrying out the provisions of the Wyoming Occupational Health and Safety Act and/or the Williams-Steiger Act or for statistical compilation under Section 20(b) of the Williams-Steiger Act or for statistical compilation under Section 27-11-105(a)(iv) of the Wyoming Statutes or under Sections 18 and 24 of the Williams-Steiger Act.
(1) Access to the log provided under this section shall pertain to all logs retained as required herein including Form OSHA 200 and its predecessor Forms OSHA 100 and OSHA 102.
Change 2