Wyo. Code R. 053-0014-8
OSHA - Practice & Procedure
Chapter 8: Inspection, Investigation & Legal Proceedings
Effective Date: 08/23/1983 to 01/07/2004
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0014.8.08231983
a. The authority for inspection and investigation is provided in Sections 27-11-108(a), 27-11-109(a), (b) and (c) and 27-11-112. W.S. 1983.
“27-11-108(a). 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 the 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.”
“27-11-109(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 provisions of this act [27-11-101 to 27-11-114], 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 violations 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.” “27-11-112. To enable the commission to carry on its duties and powers under the laws of this state with respect to occupational health and safety and to enforce the rules and regulations prescribed the occupational health and safety department is created. The commission shall appoint one (1) chief administrator who shall be designated and known as “the state health and safety administrator.” The commission shall ascertain that the person selected is qualified for the position. Such health and safety administrator shall be appointed by the commission with the approval of the governor and his salary shall be set by the commission with approval of the governor. Such health and safety administrator shall hold office at the pleasure of the commission and the governor. The state health and safety administrator shall be charged with such duties as are delegated by the commission and in addition thereto he 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 all such violations made to the commission. The commission may, at any time when it finds that the public interest will be served thereby, employ such other personnel as are found to be necessary to assist the commission and the state health and safety administrator in the discharge of their respective duties. The salaries of all commission employees, except the state health and safety administrator, shall be set by the state personnel division.” (1) For the purpose of any inspection or investigation authorized by the Act, the duties and authority of the Department representative shall be as delegated through the Administrator, by the Commission or its Chairman.
Section 2. Procedure.
a. As provided in Section 27-11-109(d) of the Act; “(d) When the commission or its employees 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 by of Chapter IV of these Rules of Practice and Procedure, with the district court for enforcement action. Upon filing the order with the district court, and when circumstances of the case warrant, the Commission may seek a cease and desist order to curtail specific operations within the establishment until the violation is abated or approved provisions for abatement are implemented.
(2) When during an inspection or investigation for enforcement of any provisions of the Act or any rule, regulation or standard provided under the Act, any member of the Commission or duly authorized representative discovers or has reason to believe that any of the provisions of the statutes or rules or regulations have been or are being violated shall cause written notice to be served upon the industry or business affected.
(a) After completion of any inspection or investigation initiated under the Act for the purpose of enforcement, the Administrator shall review the results of the inspection and shall proceed in accordance with Section 2. of Chapter IV of these Rules of Practice and Procedure.
b. The Administrator shall assure that the employer is made aware of his rights and remedies concerning the alleged violation, abatement period or proposed penalty for violations as written in the Notice of Violation. The Administrator shall also assure that the employee or the employee representative is made aware of the right of contest to the Commission concerning the abatement period as stated in the Notice of Violation and to participate in any hearings concerning such abatement period.
(1) Upon receipt of a Notice of Contest which meets the requirements of Chapter IV,
Section 4. of these Rules of Practice and Procedure, the Administrator shall immediately transmit such Notice of Contest to the Commission Chairman.
(2) The Administrator shall provide a copy of the Notice of Violation and proposed penalty in the contested case file to the Hearing Officer at the time the case is heard.
(3) The Hearing Officer, upon receipt of the documents specified in b.(2) of this section, shall hear the contested case in accordance with the requirements of Chapter IV, Section 4., Right of Review and the Wyoming Administrative Procedure Act.
a. Court action shall be sought by the Commission or Department in accordance with Sections 27-11-106(c) and (d), and 27-11-110 of the Act.
b. When it is determined by the Commission or Department that Court action is necessary, under the statutes referenced in a. above, the procedure shall be as set forth in Chapter IV, Sections 4. and 5. of these Rules of Practice and Procedure, except that in the case of imminent danger the procedure shall be in accordance with the following:
(1) Section 27-11-106(b) of the Act provides the authority for the Commission, its chairman or any employee of the Commission so authorized to bring 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 of Wyoming (if it otherwise has jurisdiction) to restrain operations where an imminent danger to health or safety exists.