Wyo. Code R. 053-0021-11
Workers' Compensation Division
Chapter 11: Workplace Safety Contracts
Effective Date: 11/01/2016 to 11/19/2018
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0021.11.11012016
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 to be used by the Department of Workforce Services in the discharge of its functions.
Section 2. Purpose. 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 for the provision of workplace safety training, which exceed OSHA and/or MSHA standards. These rules and regulations are adopted by the Department of Workforce Services pursuant to the requirements and authority granted by W.S. 9-2-2601(g)(vii) and W.S. 9-2- 2608(a) through (d).
(a) Eligibility. Determination for eligibility requires applicants to be registered and in good standing with the Wyoming Workers' Compensation program.
(b) Trade Secret Confidentiality Provision. Pursuant to W.S. 27-11-109(f) all information reported or obtained by the Department relating to applicant trade secrets shall remain confidential.
(c) Program Requirements. For Program contract approval, the applicant must demonstrate and allow, to the satisfaction of the Department, the following:
(i) That the contract will enable the purchase of equipment to alleviate an existing or potential hazard(s) relating to an occupational health or safety issue, or be utilized for training to enhance employee occupational health or safety training practices, or some combination of equipment purchase and training.
(ii) That there is a direct relationship between the equipment to be purchased or training to be obtained in accordance with (i) above and the applicant's occupational health or safety needs;
(iii) That the equipment or training sought by the applicant as defined in (i) above is not required to be provided by the applicant; and,
(iv) That the applicant shall not substitute funds normally provided for occupational health and safety equipment or training, or funds obtained from another source, with funding from the Program.
(v) How the applicant anticipates the funding from the Program will:
(A) Reduce workplace injury frequency; and
(B) Reduce workplace injury severity.
(vi) That the applicant must notify the agency as soon as possible of any proposed sale, transfer, natural disaster, closure, merger or consolidation of assets. The agency will review the reported update and will determine future actions, including termination of the contract.
(d) Program Funding Limit per Applicant. Funding from the Program shall be up to ten thousand dollars ($10,000) per state fiscal year (July 1 - June 30) for each applicant.
(e) Allowable Expenses. Expenses to purchase equipment or training related to the occupational health or safety needs of the applicant shall be demonstrated satisfactorily to the Department, and shall lead to improvement of occupational health or safety conditions at the applicant work site(s). Allowable training costs include, but are not limited to the following:
(ii) Direct training costs which include, but are not limited to, tuition, registration, class fees, class materials, and trainee travel costs directly related to the training; and,
(iii) Direct training costs which include, but are not limited to, instructor's fees and travel expenses where the instructor is brought to a location for training by the applicant and the instructor is not an employee of the applicant.
(f) Non-allowable Expenses. Interventions not within the program scope include the following:
(i) Capital construction of any kind.
(ii) Trainees wages and fringe benefits;
(iii) The applicant's administrative expenses, which include, but are not limited to, bookkeeping, reporting and record keeping;
(iv) The applicant's cost of preparing an application for the Program;
(v) Instructor's fees and travel expenses where the instructor is an employee of the applicant;
(vi) Assessments, testing and certification exams not included in the training.
(vii) Building and property improvements;
(viii) Equipment intended to meet minimum OSHA or MSHA compliance;
(ix) Office interventions;
(x) Personal protective equipment (PPE) unless the Applicant can clearly demonstrate the PPE exceeds minimum requirements of OSHA;
(xi) Passive devices, except for monitoring equipment;
(xii) Routine equipment replacement;
(xiii) Basic machine guarding devices and equipment;
(xiv) Ergonomic equipment; (xv) Heavy equipment (i.e., skid steers, front end loaders, bobcats, mules, etc; (xvi) Forklifts; (xvii) Powered hand tools; (xviii) Standard guard railing systems; (xix) Any equipment which would provide the Applicant a competitive
advantage;
(xx) Scissor Lifts; (xxi) ATV's; (xxii) Equipment related to capital improvement projects already under way; (xxiii) Interventions used solely for rehabilitative purposes; (xxiv) Rented or leased equipment (xxv) Anti-fatigue mats (xxvi) Automated external defibrillators (AEDs); (xxvii) Basic machine guarding devices and equipment; (xxviii) Chairs (i.e., office chairs, industrial stools, etc.); (xxix) Lighting; (xxx) Sit/stand workstations; (xxxi) Vehicle lifts;
(xxxii) Vehicles: all driven vehicles including cars, trucks, utility vehicles, gators, tractors, etc.; and,
(xxxiii) Any equipment which is an industry expectation for the applicant's industry (i.e., boom truck for a tree service company, etc.
(g) Application Process. Applications for the Program will be reviewed on a quarterly basis, by a panel composed of Department staff. Approval will be based on the applicant's occupational health or safety needs as assessed by staff, and the anticipated occupational health or safety request. An applicant applying for Program funding under this section shall:
(i) Complete and submit the application provided by the Department; and
(ii) Sign a release providing the Department may disclose the identity of the applicant, as required pursuant to W.S. 9-2-2607, on a form provided by the Department.
(h) Contract, Payment and Expenditure of Funds Deadline.
(i) The Director of the Department, or his/her designee, may approve any application that meets the requirements of Section 4(a) through (g) of these rules.
(ii) If the application is approved and funds are available, the Department shall enter into a contract with the approved applicant.
(iii) Funds provided through the Program must be expended within ninety (90) days after the contract is executed, unless an extension is granted by the Director of the Department, or his/her designee.
(i) Schedule for Payment of Funds.
(i) One hundred percent (100%) of the funds for the Program shall be remitted to the business entity after the contract is fully executed and the necessary paperwork has been processed through the state fiscal system.
(ii) Where the actual equipment or training expenses are greater than the amount allowed by the Program, the difference shall be the sole responsibility of the business entity.
(iii) Funds shall be paid directly to the applicant.
(j) Remittance of Unused Program Funds and Disqualification from Program.
(i) The applicant shall repay the Department any portion of funding not used for training or equipment purchases, as delineated by the Program contract.
(A) When the applicant is required to repay the Department in accordance with Section 4(j)(i) above and the Program contract, the repayment shall be made no later than thirty (30) days after notification by the Department that repayment is due.
(ii) Any applicant found to be non-compliant to any required provisions of the Program shall be disqualified from application to the Program until the applicant is found to be compliant.
(k) Applicant Reports. An applicant who receives funds from the Program shall submit reports, in a format provided by the Department and outlined in the Program contract. Reports will include the results of the implementation of equipment purchase(s) or training to enhance existing occupational hazards or training practices.
(i) For equipment purchases, the true and correct copy of the receipt for purchase and proof of payment for the purchase.
(ii) For training, the following:
(A) A copy of the agenda, attendance sign-in sheet or registration form.
(B) The true and correct copy of the receipts for allowable expenses, including instructor travel and registration.
(a) Should an employer desire to appeal the determination made by the Department, the employer shall:
(i) Submit a request in writing, within 30 days of the denial, to Workers' Compensation, Risk Management, stating the reason(s) the application should be reconsidered.
(ii) Identify if the employer would like to personally appear before the appeals panel.
(b) Wyoming Workers' Compensation shall:
(i) Convene a panel to review or hear the appeal from the employer.
(ii) Provide final, written notice on the final determination of the panel.