Workforce Services, Department of

Workers' Compensation Division

Chapter 11: Workplace Safety Contracts

Effective Date: 02/04/2026 to Current

Rule Type: Current Rules & Regulations

Reference Number: 053.0021.11.02042026

WORKPLACE SAFETY CONTRACTS

Section 1. Authority. The Department of Workforce Services is authorized under the Department of Workforce Services Act W.S. 9-2-2602(b)(vi) and W.S. 9-2-2608(c), and the Wyoming Administrative Procedures Act, W.S. 16-3-101 et seq., to promulgate rules and regulations necessary for the discharge of its functions. These rules are adopted pursuant to the authority granted by W.S. 9-2-2601(g)(vii) and W.S. 9-2-2608(a) through (d).

Section 2. Purpose. The Workplace Safety Contracts program provides opportunities for public and private sector employers to enhance or implement workplace safety programs, including assistance in purchasing occupational health or safety equipment or providing workplace safety training that exceeds the minimum standards of the Occupational Safety and Health Administration (OSHA), the Mine Safety and Health Administration (MSHA), or both.

Section 3. Definitions.

(a) 'Applicant' means any public or private employer that submits an application under the Workplace Safety Contract program.

(b) 'Division' means the Department of Workforce Services, Workers' Compensation Division.

(c) 'Employee' means any person as defined by W.S. 27-14-102(a)(vii)(A) through (R).

(d) 'MSHA' means the Mine Safety and Health Administration, the Wyoming State Mine Inspector's office, or both.

(e) 'OSHA' means the Occupational Safety and Health Administration, a Department of Workforce Services' division.

(f) 'Panel' means a group of not less than three Department of Workforce Services' staff identified by the Risk Management Unit tasked with reviewing and approving the Workplace Safety Contract program applications.

(g) 'Program' means the Workplace Safety Contracts Program – Safety Improvement Fund.

Section 4. Eligibility Requirements.

(a) Any public or private employer may apply for financial assistance through the Program provided the Applicant is registered and in good standing with the following divisions at both the time of application submission and, if approved, at the time of contract execution:

(i) Wyoming Secretary of State's Office, Business Division;

(ii) Wyoming Department of Workforce Services, Workers' Compensation Division; and

(iii) Wyoming Department of Workforce Services, Unemployment Insurance Division, if required.

(b) Applicants must provide all necessary current certificates of good standing at the time of each application submission and at the time of contract execution, if requested by the Risk Management Unit.

(c) Training or equipment requested within the application shall be deemed an allowable expense as defined in Section 5. Allowable and Non-Allowable Expenses of this chapter.

(d) Applicants not currently enrolled in the Safety Discount Program, Drug-Free Workplace Program, Health & Safety Consultation Discount Program, or the Deductible Discount Program shall contribute 20% match, if funds are awarded.

(e) Preference will be granted to Applicants who are currently enrolled in the Safety Discount Program, Drug-Free Workplace Program, Health & Safety Consultation Discount Program, or the Deductible Discount Program. Applicants enrolled in one or more of the aforementioned discount program(s) shall contribute 10% match, if funds are awarded.

Section 5. Allowable and Non-Allowable Expenses.

(a) The following are allowable expenses:

(i) Equipment that exceeds the minimum standards for OSHA, MSHA, or both, and is directly used for the Applicant's employee safety. Equipment must not be altered in any way and must be used according to the manufacturer's specifications.

(ii) Direct training costs, including tuition, registration fees, class fees, class materials, and trainee travel costs that are directly related to the workplace safety training that exceeds the minimum standards for OSHA, MSHA, or both.

(iii) Instructor's fees and instructor travel costs when the instructor is brought to the Applicant's location to provide workplace safety training that exceeds the minimum standards for OSHA, MSHA, or both, and is not an employee of the Applicant.

(b) The following are non-allowable items that may be denied with no review by the Panel:

(i) Capital construction of any kind, including but not limited to new construction, expansion, or renovation;

1. (ii) Employee wages or benefits of any kind;
2. (iii) Assessments, testing and certification exams not included in the cost of training;
3. (iv) Any and all equipment or training intended to meet minimum standards of OSHA, MSHA, or both;
4. (v) Office interventions or ergonomic equipment, including but not limited to chairs, anti-fatigue mats, or standing desks;
5. (vi) Any personal protective equipment (PPE) required to meet minimum industry standards;
6. (vii) Passive devices, including but not limited to alarm systems, security cameras, or automatically locking doors;
7. (viii) Basic equipment replacements;
8. (ix) Heavy equipment, including, but not limited to skid steers, front end loaders, bobcats, mules, forklifts, or scissor lifts;
9. (x) Power tools, including but not limited to standard/industrial construction tools such as drills, saws, drivers, or milling equipment. Exceptions may include pipe saws, specialty tools, or tools specifically manufactured, designed and used to reduce exposure to respirable crystalline silica;
10. (xi) Equipment enabling the Applicant to gain a competitive industry advantage;
11. (xii) Rented or leased equipment;
12. (xiii) Any and all first aid equipment and training, including Automated External Defibrillators (AEDs);
13. (xiv) Lighting;
14. (xv) Vehicle lifts;
15. (xvi) Vehicles: all driven vehicles, including but not limited to cars, trucks, utility vehicles, gators, tractors, ATVs, or personal watercrafts;
16. (xvii) Subscriptions, memberships, or professional certifications, including but not limited to health and safety subscriptions, magazines, or video libraries;

(xviii) Any equipment or training purchased prior to the application submission and/or prior to contract execution;

(xix) Clothing, including flame-resistant clothing;

(xx) Expected calibration, maintenance or replacement of equipment;

(xxi) Trenching and excavating equipment, including but not limited to trench boxes and all related items; or

(xxii) Trailers, including but not limited to utility, flatbed or house.

Section 6. Application Requirements and Review Process.

(a) Applicants must submit a completed form, as designated by the Program.

(b) Within thirty (30) days of receiving the application, the Department of Workforce Services' Risk Management Unit shall issue an initial written determination to the Applicant indicating whether the application:

(i) Is denied due to failure to meet eligibility requirements;

(ii) Requires additional documentation; or

(iii) Meets eligibility requirements and is referred to the Panel for review.

(c) Approved applications shall be reviewed by the Panel on a monthly basis based on the following criteria provided by the Applicant:

(i) Demonstration of how the purchase of equipment or training alleviates existing or potential hazards in the Applicant's workplace.

(ii) Explanation for how the equipment or training goes above and beyond the minimum standards for OSHA, MSHA, or both, for the Applicant's industry.

(iii) Statement identifying the manner in which funding from the Program will reduce workplace injury frequency and severity; or the Applicant identifies a significant enhancement to safety improvement.

(iv) The Applicant has clearly detailed the type of equipment or training to be purchased, to include product or course information and cost information.

(d) Applications requesting funding for multiple items, including equipment and/or training, may be approved in full or in part at the discretion of the Panel, based on allowable costs and the program scope.

(e) Written notification of approval or denial shall be provided by the Risk Management Unit to the Applicant within thirty (30) days of the Panel's decision.

(f) If the Panel denies an application, in whole or in part, the Applicant may submit a written request for reconsideration within fifteen (15) days from the date the notice of denial is issued. The request shall:

(i) Be submitted in writing to the Risk Management Unit;

(ii) Set forth the specific grounds upon which reconsideration is requested; and

(iii) Indicate whether the Applicant requests a meeting with the Panel to discuss the reconsideration.

Section 7. Contract Execution.

(a) Upon Panel approval of the application, the Division shall enter into a contract with the Applicant. The contract shall be written by the Division and include, at a minimum:

(i) A statement indicating that one hundred percent (100%) of Program funds, excluding the required employer match, shall be remitted to the Applicant after the contract is fully executed.

(ii) Funds must be paid directly to the Applicant.

(iii) Funds expended through the Program must be used within ninety (90) days of contract execution, unless an extension has been granted by the Risk Management Unit prior to the ninety (90) day deadline.

(iv) The Applicant shall complete and sign the invoice provided by the Risk Management Unit for approved equipment or training services within ninety (90) days post-contract execution, unless an extension has been granted by the Risk Management Unit prior to the ninety (90) day deadline.

(v) Reporting requirements as outlined in W.S. 9-2-2608(b).

(vi) Provisions requiring repayment of funds in the event of noncompliance with Program terms or misuse of awarded funds.

(vii) A signature by the Attorney General or representative.

(viii) The total employer match amount required.

Section 8. Applicant Reporting. An Applicant who has been approved for funding through the Program shall submit a final report in the format provided by the Division as outlined in the Program contract and W.S. 9-2-2608(b).

Section 9. Remittance of Unused Program Funds. The Applicant shall repay the Division any portion of funding not used for the approved training and/or equipment, as delineated by the Program Contract.

Section 10. Program Limitations.

(a) No more than two applications shall be submitted each year by the same Applicant. Additional applications submitted shall be denied immediately and not provided to the Panel for review.

(b) The total amount awarded to an Applicant shall not exceed $10,000 per state fiscal year.