State Codes and Statutes

Statutes > Wyoming > Title27 > Chapter11

CHAPTER 11 - OCCUPATIONAL HEALTH AND SAFETY

 

27-11-101. Short title.

 

Thisact shall be known and may be cited as the "Wyoming Occupational Healthand Safety Act."

 

27-11-102. Declaration of policy.

 

(a) It is hereby declared to be the policy of the state ofWyoming, that the primary purposes of this act are:

 

(i) That the prevention of accidents and occupational diseasesand abiding by rules and regulations are the responsibility of both theemployer and the employee;

 

(ii) To help and assist employers and employees in accident andoccupational disease prevention through educational means, which shall be madeavailable to all industries, businesses, employees, employee groups andassociations;

 

(iii) The commission shall furnish consultant services ondevelopment of safety programs, procedures and training services for employees,supervisors and groups;

 

(iv) Commission members and its employees shall be neutral inlabor management relations in carrying out the provisions of this act;

 

(v) Enforcement shall be used only to obtain compliance withthe act and the rules and regulations established by the commission;

 

(vi) It is also the purpose of this act to include everyone whoworks in private or public employment or is self-employed; except that in thecase of self-employed persons in agriculture, its purpose shall be limited toeducation.

 

27-11-103. Definitions.

 

(a) As used in this act:

 

(i) "Commission" means the occupational health andsafety commission;

 

(ii) "Department" means the department of employmentof the state of Wyoming;

 

(iii) "Employee" means a person permitted to work by anemployer in employment;

 

(iv) "Employer" means any individual or organizationincluding the state and all its political subdivisions, which has in its employone (1) or more individuals performing services for it in employment;

 

(v) "Employment" means all services for pay under acontract of hire;

 

(vi) "Party" means each person or agency named oradmitted as a party or properly seeking and entitled as of right to be admittedas a party;

 

(vii) "Person" means an individual, governmentalagency, partnership, association, corporation, business, trust, receiver,trustee, legal representative or successor to any of the foregoing;

 

(viii) "Place of employment" means plant, premises, orany other place where directed by the employer or about which an employee ispermitted to work;

 

(ix) "This act" means W.S. 27-11-101 through27-11-114.

 

27-11-104. Occupational health and safety commission; generally.

 

(a) There is hereby created an occupational health and safetycommission, hereinafter referred to as the "commission," which shallbe composed of seven (7) members comprised of one (1) from the general field ofemployees or employee organizations; one (1) from the general field of businessor industry; one (1) medical doctor; and four (4) from the public at large whoshall all be appointed by the governor with the advice and consent of thesenate without regard to political affiliation. The commission members shallchoose the commission chairman annually.

 

(b) The governor may remove any commission member as providedin W.S. 9-1-202.

 

(c) The terms of the members shall be for six (6) years, exceptthat of the initially appointed members: one (1) from the field of business,and one (1) from the field of labor shall serve six (6) years and one (1)medical doctor who shall serve for a term of six (6) years; and four (4)members from the public at large, one (1) to serve a term of two (2) years, one(1) to serve a term of three (3) years and one (1) to serve a term of four (4)years and one (1) to serve a term of five (5) years. The terms of the membersshall terminate on the last day of February of the sixth year after theirappointment, except as initially appointed. The governor shall appoint a memberto fill a vacancy in accordance with W.S. 28-12-101.

 

(d) The commission shall hold at least four (4) regularmeetings per year at such time and place as the chairman shall specify. Specialmeetings may be called by the chairman, and special meetings must be called bythe chairman upon a written request by four (4) or more members. Four (4)members shall constitute a quorum. Rules, regulations and variances shall notbe devised, formulated, adopted, amended or repealed except by majority vote ofthe entire membership of the commission. All other matters shall be decided bya majority vote of those in attendance and constituting a quorum.

 

(e) Repealed by Laws 1990, ch. 63, 3.

 

(f) No member of the commission nor any member of any advisorycommittees hereinafter referred to, not otherwise in full-time employment ofthe state, shall receive any salary but shall receive the same per diem,mileage and expense allowance while attending and traveling to and frommeetings as officers or employees of the state are allowed.

 

(g) The commission shall contract with an independent hearingofficer to hear all contests of notice of violation, proposed penalty orabatement periods for violations, as written in the notice of violationreceived by the employer. The hearing officer shall be a qualified member ofthe bar of Wyoming and may not be an employee of the office of the attorneygeneral or the department or a member of the commission:

 

(i) The employer shall have the right to contest the allegedviolation, abatement period or proposed penalty for violation as written in thenotice of violation;

 

(ii) The employee or the employee representative shall have theright to contest the abatement period as stated in the notice of violation andto participate in any hearings concerning such abatement period;

 

(iii) The hearing shall be held as soon after receiving theletter of contest and in a city as near the site of occurrence as ispracticable;

 

(iv) All hearings shall be conducted pursuant to the WyomingAdministrative Procedure Act. The hearing officers have the powers specified inW.S. 16-3-112(b). The hearing officer shall make written findings of fact andconclusions of law in each contested case;

 

(v) The hearing officer shall recommend a decision to thecommission. The decision of the commission is the final administrativedecision. A party adversely affected by a decision of the commission may appealto the district court in the county where the violation allegedly occurred.

 

(h) Effective July 1, 1979, appointments and terms ofcommission members shall be in accordance with W.S. 28-12-101 through28-12-103.

 

27-11-105. Occupational health and safety commission; powers and dutiesof commission and department.

 

(a) The department, in consultation with the commission, has thepowers and is hereby charged with the duties:

 

(i) Repealed by Laws 1990, ch. 63, 2,3.

 

(ii) To develop and formulate, a comprehensive program for theprevention, control and abatement of unsafe and unhealthy working conditionsand to direct state agencies and their staffs to compile statistics, doresearch, do investigation and any other duties where practical, possible andnot inconsistent with the purposes of this act;

 

(iii) To assure that all agencies and their staffs shall complywith directives of the commission in regard to occupational health and safety;

 

(iv) To cooperate, as specified in W.S. 27-2-105 and in section24(a) of Public Law 91-596 in the collection, compilation and analysis of datarelative to the occurrence of occupational injuries and illnesses;

 

(v) To compile statistics and to require such reports as may beneeded to aid in accomplishing this purpose;

 

(vi) To do research on the causes and methods of preventingoccupational diseases and accidents;

 

(vii) To promote accident prevention and occupational diseaseprevention programs and to provide consultative and educational assistance;

 

(viii) Repealed by Laws 1990, ch. 63, 2,3.

 

(ix) Repealed by Laws 1990, ch. 63, 2,3.

 

(x) To select or give emphasis to those areas and segments ofthe business and industrial community which need the concentrated attention andassistance of the commission and its employees;

 

(xi) Repealed by Laws 1990, ch. 63, 2,3.

 

(xii) To enter into agreements with agencies of the United Statesgovernment for assistance, cooperation and enforcement of safety laws and toaccept funds from such federal agencies for the purpose of carrying out any ofthe provisions of this act;

 

(xiii) Repealed by Laws 1990, ch. 63, 2,3.

 

(xiv) Repealed by Laws 1990, ch. 63, 2,3.

 

(xv) Repealed by Laws 1990, ch. 63, 2,3.

 

(xvi) To institute or cause to be instituted appropriate civil orcriminal actions to enforce the provisions of this act and the rules andregulations promulgated under this act.

 

(b) The commission has the following powers and duties:

 

(i) To prescribe rules of practice and procedure;

 

(ii) To promulgate, devise, formulate, adopt, amend, and repealrules and regulations and to appoint advisory committees equally composed ofemployers and employees from the industries involved to assist and advise thecommission:

 

(A) All rules and regulations shall be reviewed as needed andrevised as necessary. Such review would be under the same procedures as the originalestablishment of the rules and regulations;

 

(B) The standards set by rule and regulation by the commissionshall take into consideration recognized and accepted national codes,recognized industrial standards or similar, in whole or in part, but shall notbe limited exclusively to these;

 

(C) The rules and regulations shall not be more stringent thancorresponding federal rules and regulations. If there are no correspondingfederal rules or regulations the commission may adopt applicable state rulesand regulations.

 

(iii) To exempt from coverage under this act any trade orbusiness when the commission deems federal or other authority is adequate anddual or overlapping authority would result. If any trade or business isexempted under this section the commission shall file a detailed report withthe governor showing the reasons for such exemption together with an affirmanceby the federal or other authority that the coverage is adequate;

 

(iv) To require that any rules and regulations of the commissionbe a part of construction, maintenance or servicing contracts or othercontracts as the commission may determine;

 

(v) To consider and grant in accordance with and subject to theterms and limitations provided in W.S. 27-11-111, variances from standards,rules and regulations promulgated under this act;

 

(vi) To require the employer to be charged with the followingduties:

 

(A) Each employer shall furnish to his employees, a place ofemployment and employment which are free from recognized hazards that arecausing or that are likely to cause death or serious physical harm;

 

(B) Each employer shall comply with occupational safety andhealth standards, rules, regulations and orders issued pursuant to this act.

 

(vii) To require the employee to be charged with the followingduty, each employee shall comply with occupational safety and health standardsand all rules, regulations and orders issued pursuant to this act which areapplicable to his own actions and conduct.

 

27-11-106. Enforcement and administration.

 

(a) The department shall enforce and administer this act andthe rules, regulations and orders promulgated and issued under this act. Thecommission shall have authority to hold hearings for the promulgation of rulesand regulations in accordance with the Wyoming Administrative Procedure Act. Inany case that goes uncontested the commission may after opportunity to showcause, enter an order of final disposition which may be enforced by anydistrict court.

 

(b) If an imminent danger to health or safety exists, whetherit is in a specific industry where rules and regulations are in effect or not,the commission or any employee of the department so authorized is herebyempowered to direct the person where such imminent danger to health and safetyexists to cease operations immediately in order to eliminate such danger tohealth or safety. If such person does not cease operations so as to eliminatesuch danger, the commission, its chairman, or any employee of the department soauthorized, may, with the concurrence of the attorney general, bring a civilsuit in the name of the state in the district court of the county where suchdanger exists, or in the United States district court for Wyoming (if itotherwise has jurisdiction), to restrain such person from continuing suchoperations where an imminent danger to health or safety exists.

 

(c) In contested cases where no appeal has been taken from thedecision of the commission within the time provided for such an appeal, thecommission shall adopt the decision and order the department and employer toact in accordance with the decision. Any state district court may enforcecommission orders issued in that county after a hearing where no appeal hasbeen taken. The United States district court for Wyoming (if it otherwise hasjurisdiction) may also enforce any commission order.

 

(d) Any suit, action or appeal involving this act or rule,regulation or order of the commission, shall be advanced for trial anddetermined as expeditiously as feasible and no postponement or continuanceshall be granted unless deemed imperative by the court.

 

27-11-107. Penalty.

 

(a) Any employer willfully and knowingly violating any of theprovisions of this act, any health and safety standards, rules or regulationspromulgated under this act or any existing rule or regulation governing theconditions of employment promulgated by the commission, which causes death ofan employee, upon conviction, shall be punished by a fine of not more than tenthousand dollars ($10,000.00) or by imprisonment of not more than six (6)months or both. If the conviction is for a violation committed after a firstconviction of the same person, punishment shall be by a fine of not more thantwenty thousand dollars ($20,000.00) or by imprisonment for not more than one(1) year, or by both.

 

(b) Any employer willfully and knowingly violating any of theprovisions of this act, any safety and health standards, rules or regulationspromulgated under this act or any existing rule or regulation governing theconditions of employment promulgated by the commission may be assessed a civilpenalty of not less than five thousand dollars ($5,000.00) nor more thanseventy thousand dollars ($70,000.00) for each violation, provided that alesser penalty may be imposed by the commission.

 

(c) Any employer violating any provision of this act, anyhealth and safety standards or rules and regulations promulgated under this actor any existing rule or regulation governing the conditions of employment promulgatedby the commission, the violation specifically determined to be of a seriousnature, shall be assessed a civil penalty of not more than seven thousanddollars ($7,000.00) for the violation.

 

(d) Any employer violating any provision of this act, anyhealth and safety standards or rules and regulations promulgated under this actor any existing rule or regulation governing the conditions of employmentpromulgated by the commission, the violation determined not to be of a seriousnature, may be assessed a civil penalty of not more than seven thousand dollars($7,000.00) for each offense as noted in the notice of violation.

 

(e) Whoever knowingly makes any false statement, representationor certification in any application, record, report, plan or other documentfiled or required to be maintained pursuant to this act, upon conviction, shallbe punished by a fine of not more than ten thousand dollars ($10,000.00) or byimprisonment for not more than six (6) months, or both.

 

(f) Any employer who violates any of the posting requirements,as prescribed under the provisions of this act, may be assessed a civil penaltyof up to seven thousand dollars ($7,000.00) for each violation.

 

(g) Any employer who fails to correct a violation for which anotice of violation has been issued, which notice of violation is not contestedor appealed under W.S. 27-11-104 and 27-11-106, initiated by the employer, maybe assessed a civil penalty of not more than seven thousand dollars ($7,000.00)for each day the failure or violation continues.

 

(h) Payment of all fines and penalties imposed under thissection shall be made to the county treasurer of the county in which theviolation occurs to be credited to the county school fund.

 

27-11-108. Right of entry and inspection; consultation with employees;penalty for giving advance notice.

 

(a) Any department authorized employee or representative of thedepartment may enter and inspect any property, premises or place, exceptprivate residences where persons are employed, at any reasonable time toinvestigate health and safety conditions and compliance with safety and healthlaws, rules and regulations. No person conducting an inspection under thissubsection shall unreasonably interfere with the operations, business or work ofany employer or employee. At the opening conference, immediately before aninspection commences, the department shall notify employers in writing of theirright to refuse its employees entry to investigate health and safety conditionsunless the employees have a warrant issued by a court of competentjurisdiction.

 

(b) A representative or representatives of the employer and arepresentative or representatives authorized by the employees shall be given anopportunity to accompany any duly authorized employee or representative of thedepartment before or during the physical inspection of any workplace for thepurpose of aiding such inspection. Where there is no authorized employeerepresentative, any duly authorized employee or representative of the departmentshall consult with a reasonable number of employees concerning matters ofsafety and health.

 

(c) 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 this act, without the consent of thedepartment shall, upon conviction, be guilty of a misdemeanor and shall bepunished by a fine of not more than ten thousand dollars ($10,000.00) or byimprisonment for not more than six (6) months or both.

 

27-11-109. Investigation of violations; proceedings; confidentiality oftrade secrets.

 

(a) The commission or chairman, in their discretion, may makesuch public or private investigations as they deem necessary to determinewhether any person or employer has violated, or is about to violate, anyprovision of this act, or any rules, regulation, or order hereunder, or to aidin the enforcement of this act, or in the prescribing of rules and regulationshereunder, may require or permit any person to file a statement in writing,under oath or otherwise, as they determine, as to all the facts andcircumstances concerning the matter to be investigated and may publishinformation concerning any violation of this act, rule, regulation or orderhereunder.

 

(b) For the purpose of any investigation or proceeding underthis act any member of the commission or any officer designated by the chairmanmay administer oaths and affirmations, subpoena witnesses, and compel theirattendance, take evidence and require the production of any books, papers,correspondence, memoranda, agreements, or other documents or records, which thecommission or its chairman deem relevant or material to the inquiry.

 

(c) In case of contumacy by or refusal to obey a subpoenaissued to any person, any Wyoming district court, upon application by thecommission or its chairman, may issue to the person an order requiring him toappear before the commission or the officer designated by them, to producedocumentary evidence if so ordered, or to give evidence touching the matterunder investigation or in question. Failure to obey the order of the court maybe punished by the court as contempt of court.

 

(d) When the commission or the department shall discover orhave reason to believe that any provision of the employment health and safetylaws or any rule is being violated, written notice shall be served upon theperson 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 morethan thirty (30) days, except that such time may be extended for good causeshown. The notice shall specify the violation and shall be posted at or nearthe site of violation for a period of three (3) days or until the violation isabated, whichever is longer:

 

(i) In fixing the time in such notice and any extension oftime, consideration shall be given to the nature of the failure or defectconstituting the violation, the probable danger thereof, and the probablelength of time and amount of labor required to correct the violation;

 

(ii) If the violation continues after the expiration of theperiod of time fixed in the notice, including any such extension of time,enforcement in this type of case will be sought by the commission or by thedepartment by filing a complaint and seeking a cease and desist order in thedistrict court;

 

(iii) Proposed penalty amounts shall be clearly stated as part ofthe notice of violation, but shall be a separate document which need not beposted with the notice of violation;

 

(iv) Nothing in paragraphs (i) and (ii) of this subsection shallbe applicable to W.S. 27-11-106(b).

 

(e) No employer shall discharge or in any manner discriminateagainst any employee because such employee has filed any notice of complaint orhas instituted, or caused to be instituted, any proceeding under or related tothis act or has testified or is about to testify in any such proceeding, orbecause of the exercise by such employee on behalf of himself or others any rightafforded by this act.

 

(f) All information reported or likewise obtained by thedepartment in connection with any inspection or investigation under this actwhich contains or which might reveal a trade secret shall be considered asconfidential for the purpose of this act: except that such information may bedisclosed to other representatives of the department concerned with carryingout this act or when relevant in any proceedings as required under this act. Inany such proceedings, the department, the commission, the review board or thecourt shall issue orders as may be appropriate to protect the confidentialityof trade secrets.

 

27-11-110. Injunction; bond; effect on sovereign immunity.

 

Wheneverit appears to the commission that any person has engaged or is about to engagein any act or practice constituting a violation of any provision of this act,or any rule, regulation, or order hereunder, the commission, its chairman, orany person so authorized by the commission may bring an action in the name ofthe state in the district court of any county in which the violation occurredor where it appears a violation may occur to enjoin the acts or practices toenforce compliance with this act, rule or regulation or order hereunder. Upon aproper showing a permanent or temporary injunction or restraining order shallbe granted. This action shall not exempt the person so enjoined from penalty,as provided in W.S. 27-11-107, or from enforcement of any other section of theact. The court may not require the commission, its chairman, or any personauthorized to bring such action, to post a bond for more than fifty thousanddollars ($50,000.00), and the state of Wyoming does hereby waive sovereignimmunity up to and including the amount of the bond the court requires postedin each suit but in no event shall such waiver be more than fifty thousanddollars ($50,000.00) for liability incurred due to wrongfully causing a courtto order a person to cease operating his business pursuant to this act.

 

27-11-111. Variances.

 

(a) Any person affected by this act may request a variance toany standard, rule or regulation promulgated under this act.

 

(b) The commission or department shall be empowered to issue atemporary variance when the employer establishes that:

 

(i) He is unable to comply with the standard, rule orregulation because of unavailability of professional or technical personnel orof materials and equipment needed to come into compliance;

 

(ii) He has taken all available steps to safeguard his employeesagainst the hazards covered by the standard, rule or regulation;

 

(iii) He has an effective program for coming into compliance withthe standard, rule or regulation as quickly as practical; and

 

(iv) He has advised his employees of his request for thevariance.

 

(c) A variance may be granted when it shall be determined,after opportunity for an inspection and a hearing, that the employer requestingthe variance has demonstrated by a sufficient amount of evidence that theconditions, practices, means, methods, operations or processes used or proposedto be used by the employer will provide employment and a place of employment tohis employees which are as safe and healthful as those which would prevail ifhe complied with the standard, rule or regulation.

 

(d) Procedures for the issuing of a variance are set by rule asprovided in W.S. 27-11-105.

 

27-11-112. Investigation of health and safety charges and complaints.

 

Thedepartment of employment shall investigate charges and complaints of violationof the laws of this state with respect to health and safety and any order,rules, or regulations of the commission made in connection therewith andreport them to the commission.

 

27-11-113. Physical examination of employees; religious exemption.

 

Anyemployer may require an employee to submit to a physical examination beforeemployment or at any time during employment, and shall provide for a physicalexamination, as deemed necessary, due to exposure or contact with hazards orenvironmental conditions which may be detrimental to the health of theemployee. Nothing in this or any other provision of this act shall be deemed toauthorize or require medical examination, immunization or treatment for thosewho object thereto on religious grounds, except where such is necessary for theprotection of the health or safety of others. The results of such examinationsshall be furnished only to the department, the employer and, upon request, tothe employee and the employee's physician. The employer shall pay for suchexamination.

 

27-11-114. Limitations.

 

(a) Nothing in this act shall:

 

(i) Limit or restrict the present jurisdiction or authority ofthe public service commission except employee safety and occupational health;

 

(ii) Supersede or limit the present authority for making rulesand regulations pertaining to coal mines;

 

(iii) Affect the rules and regulations now in force until thecommission shall adopt rules and regulations pertaining to noncoal mines anduntil the same shall become effective;

 

(iv) Affect the appointment of the state mine inspector anddeputy mine inspectors;

 

(v) Affect the powers and duties of the state mine inspectorand deputy mine inspectors as to their present powers and duties until July 1,1970.

 

State Codes and Statutes

Statutes > Wyoming > Title27 > Chapter11

CHAPTER 11 - OCCUPATIONAL HEALTH AND SAFETY

 

27-11-101. Short title.

 

Thisact shall be known and may be cited as the "Wyoming Occupational Healthand Safety Act."

 

27-11-102. Declaration of policy.

 

(a) It is hereby declared to be the policy of the state ofWyoming, that the primary purposes of this act are:

 

(i) That the prevention of accidents and occupational diseasesand abiding by rules and regulations are the responsibility of both theemployer and the employee;

 

(ii) To help and assist employers and employees in accident andoccupational disease prevention through educational means, which shall be madeavailable to all industries, businesses, employees, employee groups andassociations;

 

(iii) The commission shall furnish consultant services ondevelopment of safety programs, procedures and training services for employees,supervisors and groups;

 

(iv) Commission members and its employees shall be neutral inlabor management relations in carrying out the provisions of this act;

 

(v) Enforcement shall be used only to obtain compliance withthe act and the rules and regulations established by the commission;

 

(vi) It is also the purpose of this act to include everyone whoworks in private or public employment or is self-employed; except that in thecase of self-employed persons in agriculture, its purpose shall be limited toeducation.

 

27-11-103. Definitions.

 

(a) As used in this act:

 

(i) "Commission" means the occupational health andsafety commission;

 

(ii) "Department" means the department of employmentof the state of Wyoming;

 

(iii) "Employee" means a person permitted to work by anemployer in employment;

 

(iv) "Employer" means any individual or organizationincluding the state and all its political subdivisions, which has in its employone (1) or more individuals performing services for it in employment;

 

(v) "Employment" means all services for pay under acontract of hire;

 

(vi) "Party" means each person or agency named oradmitted as a party or properly seeking and entitled as of right to be admittedas a party;

 

(vii) "Person" means an individual, governmentalagency, partnership, association, corporation, business, trust, receiver,trustee, legal representative or successor to any of the foregoing;

 

(viii) "Place of employment" means plant, premises, orany other place where directed by the employer or about which an employee ispermitted to work;

 

(ix) "This act" means W.S. 27-11-101 through27-11-114.

 

27-11-104. Occupational health and safety commission; generally.

 

(a) There is hereby created an occupational health and safetycommission, hereinafter referred to as the "commission," which shallbe composed of seven (7) members comprised of one (1) from the general field ofemployees or employee organizations; one (1) from the general field of businessor industry; one (1) medical doctor; and four (4) from the public at large whoshall all be appointed by the governor with the advice and consent of thesenate without regard to political affiliation. The commission members shallchoose the commission chairman annually.

 

(b) The governor may remove any commission member as providedin W.S. 9-1-202.

 

(c) The terms of the members shall be for six (6) years, exceptthat of the initially appointed members: one (1) from the field of business,and one (1) from the field of labor shall serve six (6) years and one (1)medical doctor who shall serve for a term of six (6) years; and four (4)members from the public at large, one (1) to serve a term of two (2) years, one(1) to serve a term of three (3) years and one (1) to serve a term of four (4)years and one (1) to serve a term of five (5) years. The terms of the membersshall terminate on the last day of February of the sixth year after theirappointment, except as initially appointed. The governor shall appoint a memberto fill a vacancy in accordance with W.S. 28-12-101.

 

(d) The commission shall hold at least four (4) regularmeetings per year at such time and place as the chairman shall specify. Specialmeetings may be called by the chairman, and special meetings must be called bythe chairman upon a written request by four (4) or more members. Four (4)members shall constitute a quorum. Rules, regulations and variances shall notbe devised, formulated, adopted, amended or repealed except by majority vote ofthe entire membership of the commission. All other matters shall be decided bya majority vote of those in attendance and constituting a quorum.

 

(e) Repealed by Laws 1990, ch. 63, 3.

 

(f) No member of the commission nor any member of any advisorycommittees hereinafter referred to, not otherwise in full-time employment ofthe state, shall receive any salary but shall receive the same per diem,mileage and expense allowance while attending and traveling to and frommeetings as officers or employees of the state are allowed.

 

(g) The commission shall contract with an independent hearingofficer to hear all contests of notice of violation, proposed penalty orabatement periods for violations, as written in the notice of violationreceived by the employer. The hearing officer shall be a qualified member ofthe bar of Wyoming and may not be an employee of the office of the attorneygeneral or the department or a member of the commission:

 

(i) The employer shall have the right to contest the allegedviolation, abatement period or proposed penalty for violation as written in thenotice of violation;

 

(ii) The employee or the employee representative shall have theright to contest the abatement period as stated in the notice of violation andto participate in any hearings concerning such abatement period;

 

(iii) The hearing shall be held as soon after receiving theletter of contest and in a city as near the site of occurrence as ispracticable;

 

(iv) All hearings shall be conducted pursuant to the WyomingAdministrative Procedure Act. The hearing officers have the powers specified inW.S. 16-3-112(b). The hearing officer shall make written findings of fact andconclusions of law in each contested case;

 

(v) The hearing officer shall recommend a decision to thecommission. The decision of the commission is the final administrativedecision. A party adversely affected by a decision of the commission may appealto the district court in the county where the violation allegedly occurred.

 

(h) Effective July 1, 1979, appointments and terms ofcommission members shall be in accordance with W.S. 28-12-101 through28-12-103.

 

27-11-105. Occupational health and safety commission; powers and dutiesof commission and department.

 

(a) The department, in consultation with the commission, has thepowers and is hereby charged with the duties:

 

(i) Repealed by Laws 1990, ch. 63, 2,3.

 

(ii) To develop and formulate, a comprehensive program for theprevention, control and abatement of unsafe and unhealthy working conditionsand to direct state agencies and their staffs to compile statistics, doresearch, do investigation and any other duties where practical, possible andnot inconsistent with the purposes of this act;

 

(iii) To assure that all agencies and their staffs shall complywith directives of the commission in regard to occupational health and safety;

 

(iv) To cooperate, as specified in W.S. 27-2-105 and in section24(a) of Public Law 91-596 in the collection, compilation and analysis of datarelative to the occurrence of occupational injuries and illnesses;

 

(v) To compile statistics and to require such reports as may beneeded to aid in accomplishing this purpose;

 

(vi) To do research on the causes and methods of preventingoccupational diseases and accidents;

 

(vii) To promote accident prevention and occupational diseaseprevention programs and to provide consultative and educational assistance;

 

(viii) Repealed by Laws 1990, ch. 63, 2,3.

 

(ix) Repealed by Laws 1990, ch. 63, 2,3.

 

(x) To select or give emphasis to those areas and segments ofthe business and industrial community which need the concentrated attention andassistance of the commission and its employees;

 

(xi) Repealed by Laws 1990, ch. 63, 2,3.

 

(xii) To enter into agreements with agencies of the United Statesgovernment for assistance, cooperation and enforcement of safety laws and toaccept funds from such federal agencies for the purpose of carrying out any ofthe provisions of this act;

 

(xiii) Repealed by Laws 1990, ch. 63, 2,3.

 

(xiv) Repealed by Laws 1990, ch. 63, 2,3.

 

(xv) Repealed by Laws 1990, ch. 63, 2,3.

 

(xvi) To institute or cause to be instituted appropriate civil orcriminal actions to enforce the provisions of this act and the rules andregulations promulgated under this act.

 

(b) The commission has the following powers and duties:

 

(i) To prescribe rules of practice and procedure;

 

(ii) To promulgate, devise, formulate, adopt, amend, and repealrules and regulations and to appoint advisory committees equally composed ofemployers and employees from the industries involved to assist and advise thecommission:

 

(A) All rules and regulations shall be reviewed as needed andrevised as necessary. Such review would be under the same procedures as the originalestablishment of the rules and regulations;

 

(B) The standards set by rule and regulation by the commissionshall take into consideration recognized and accepted national codes,recognized industrial standards or similar, in whole or in part, but shall notbe limited exclusively to these;

 

(C) The rules and regulations shall not be more stringent thancorresponding federal rules and regulations. If there are no correspondingfederal rules or regulations the commission may adopt applicable state rulesand regulations.

 

(iii) To exempt from coverage under this act any trade orbusiness when the commission deems federal or other authority is adequate anddual or overlapping authority would result. If any trade or business isexempted under this section the commission shall file a detailed report withthe governor showing the reasons for such exemption together with an affirmanceby the federal or other authority that the coverage is adequate;

 

(iv) To require that any rules and regulations of the commissionbe a part of construction, maintenance or servicing contracts or othercontracts as the commission may determine;

 

(v) To consider and grant in accordance with and subject to theterms and limitations provided in W.S. 27-11-111, variances from standards,rules and regulations promulgated under this act;

 

(vi) To require the employer to be charged with the followingduties:

 

(A) Each employer shall furnish to his employees, a place ofemployment and employment which are free from recognized hazards that arecausing or that are likely to cause death or serious physical harm;

 

(B) Each employer shall comply with occupational safety andhealth standards, rules, regulations and orders issued pursuant to this act.

 

(vii) To require the employee to be charged with the followingduty, each employee shall comply with occupational safety and health standardsand all rules, regulations and orders issued pursuant to this act which areapplicable to his own actions and conduct.

 

27-11-106. Enforcement and administration.

 

(a) The department shall enforce and administer this act andthe rules, regulations and orders promulgated and issued under this act. Thecommission shall have authority to hold hearings for the promulgation of rulesand regulations in accordance with the Wyoming Administrative Procedure Act. Inany case that goes uncontested the commission may after opportunity to showcause, enter an order of final disposition which may be enforced by anydistrict court.

 

(b) If an imminent danger to health or safety exists, whetherit is in a specific industry where rules and regulations are in effect or not,the commission or any employee of the department so authorized is herebyempowered to direct the person where such imminent danger to health and safetyexists to cease operations immediately in order to eliminate such danger tohealth or safety. If such person does not cease operations so as to eliminatesuch danger, the commission, its chairman, or any employee of the department soauthorized, may, with the concurrence of the attorney general, bring a civilsuit in the name of the state in the district court of the county where suchdanger exists, or in the United States district court for Wyoming (if itotherwise has jurisdiction), to restrain such person from continuing suchoperations where an imminent danger to health or safety exists.

 

(c) In contested cases where no appeal has been taken from thedecision of the commission within the time provided for such an appeal, thecommission shall adopt the decision and order the department and employer toact in accordance with the decision. Any state district court may enforcecommission orders issued in that county after a hearing where no appeal hasbeen taken. The United States district court for Wyoming (if it otherwise hasjurisdiction) may also enforce any commission order.

 

(d) Any suit, action or appeal involving this act or rule,regulation or order of the commission, shall be advanced for trial anddetermined as expeditiously as feasible and no postponement or continuanceshall be granted unless deemed imperative by the court.

 

27-11-107. Penalty.

 

(a) Any employer willfully and knowingly violating any of theprovisions of this act, any health and safety standards, rules or regulationspromulgated under this act or any existing rule or regulation governing theconditions of employment promulgated by the commission, which causes death ofan employee, upon conviction, shall be punished by a fine of not more than tenthousand dollars ($10,000.00) or by imprisonment of not more than six (6)months or both. If the conviction is for a violation committed after a firstconviction of the same person, punishment shall be by a fine of not more thantwenty thousand dollars ($20,000.00) or by imprisonment for not more than one(1) year, or by both.

 

(b) Any employer willfully and knowingly violating any of theprovisions of this act, any safety and health standards, rules or regulationspromulgated under this act or any existing rule or regulation governing theconditions of employment promulgated by the commission may be assessed a civilpenalty of not less than five thousand dollars ($5,000.00) nor more thanseventy thousand dollars ($70,000.00) for each violation, provided that alesser penalty may be imposed by the commission.

 

(c) Any employer violating any provision of this act, anyhealth and safety standards or rules and regulations promulgated under this actor any existing rule or regulation governing the conditions of employment promulgatedby the commission, the violation specifically determined to be of a seriousnature, shall be assessed a civil penalty of not more than seven thousanddollars ($7,000.00) for the violation.

 

(d) Any employer violating any provision of this act, anyhealth and safety standards or rules and regulations promulgated under this actor any existing rule or regulation governing the conditions of employmentpromulgated by the commission, the violation determined not to be of a seriousnature, may be assessed a civil penalty of not more than seven thousand dollars($7,000.00) for each offense as noted in the notice of violation.

 

(e) Whoever knowingly makes any false statement, representationor certification in any application, record, report, plan or other documentfiled or required to be maintained pursuant to this act, upon conviction, shallbe punished by a fine of not more than ten thousand dollars ($10,000.00) or byimprisonment for not more than six (6) months, or both.

 

(f) Any employer who violates any of the posting requirements,as prescribed under the provisions of this act, may be assessed a civil penaltyof up to seven thousand dollars ($7,000.00) for each violation.

 

(g) Any employer who fails to correct a violation for which anotice of violation has been issued, which notice of violation is not contestedor appealed under W.S. 27-11-104 and 27-11-106, initiated by the employer, maybe assessed a civil penalty of not more than seven thousand dollars ($7,000.00)for each day the failure or violation continues.

 

(h) Payment of all fines and penalties imposed under thissection shall be made to the county treasurer of the county in which theviolation occurs to be credited to the county school fund.

 

27-11-108. Right of entry and inspection; consultation with employees;penalty for giving advance notice.

 

(a) Any department authorized employee or representative of thedepartment may enter and inspect any property, premises or place, exceptprivate residences where persons are employed, at any reasonable time toinvestigate health and safety conditions and compliance with safety and healthlaws, rules and regulations. No person conducting an inspection under thissubsection shall unreasonably interfere with the operations, business or work ofany employer or employee. At the opening conference, immediately before aninspection commences, the department shall notify employers in writing of theirright to refuse its employees entry to investigate health and safety conditionsunless the employees have a warrant issued by a court of competentjurisdiction.

 

(b) A representative or representatives of the employer and arepresentative or representatives authorized by the employees shall be given anopportunity to accompany any duly authorized employee or representative of thedepartment before or during the physical inspection of any workplace for thepurpose of aiding such inspection. Where there is no authorized employeerepresentative, any duly authorized employee or representative of the departmentshall consult with a reasonable number of employees concerning matters ofsafety and health.

 

(c) 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 this act, without the consent of thedepartment shall, upon conviction, be guilty of a misdemeanor and shall bepunished by a fine of not more than ten thousand dollars ($10,000.00) or byimprisonment for not more than six (6) months or both.

 

27-11-109. Investigation of violations; proceedings; confidentiality oftrade secrets.

 

(a) The commission or chairman, in their discretion, may makesuch public or private investigations as they deem necessary to determinewhether any person or employer has violated, or is about to violate, anyprovision of this act, or any rules, regulation, or order hereunder, or to aidin the enforcement of this act, or in the prescribing of rules and regulationshereunder, may require or permit any person to file a statement in writing,under oath or otherwise, as they determine, as to all the facts andcircumstances concerning the matter to be investigated and may publishinformation concerning any violation of this act, rule, regulation or orderhereunder.

 

(b) For the purpose of any investigation or proceeding underthis act any member of the commission or any officer designated by the chairmanmay administer oaths and affirmations, subpoena witnesses, and compel theirattendance, take evidence and require the production of any books, papers,correspondence, memoranda, agreements, or other documents or records, which thecommission or its chairman deem relevant or material to the inquiry.

 

(c) In case of contumacy by or refusal to obey a subpoenaissued to any person, any Wyoming district court, upon application by thecommission or its chairman, may issue to the person an order requiring him toappear before the commission or the officer designated by them, to producedocumentary evidence if so ordered, or to give evidence touching the matterunder investigation or in question. Failure to obey the order of the court maybe punished by the court as contempt of court.

 

(d) When the commission or the department shall discover orhave reason to believe that any provision of the employment health and safetylaws or any rule is being violated, written notice shall be served upon theperson 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 morethan thirty (30) days, except that such time may be extended for good causeshown. The notice shall specify the violation and shall be posted at or nearthe site of violation for a period of three (3) days or until the violation isabated, whichever is longer:

 

(i) In fixing the time in such notice and any extension oftime, consideration shall be given to the nature of the failure or defectconstituting the violation, the probable danger thereof, and the probablelength of time and amount of labor required to correct the violation;

 

(ii) If the violation continues after the expiration of theperiod of time fixed in the notice, including any such extension of time,enforcement in this type of case will be sought by the commission or by thedepartment by filing a complaint and seeking a cease and desist order in thedistrict court;

 

(iii) Proposed penalty amounts shall be clearly stated as part ofthe notice of violation, but shall be a separate document which need not beposted with the notice of violation;

 

(iv) Nothing in paragraphs (i) and (ii) of this subsection shallbe applicable to W.S. 27-11-106(b).

 

(e) No employer shall discharge or in any manner discriminateagainst any employee because such employee has filed any notice of complaint orhas instituted, or caused to be instituted, any proceeding under or related tothis act or has testified or is about to testify in any such proceeding, orbecause of the exercise by such employee on behalf of himself or others any rightafforded by this act.

 

(f) All information reported or likewise obtained by thedepartment in connection with any inspection or investigation under this actwhich contains or which might reveal a trade secret shall be considered asconfidential for the purpose of this act: except that such information may bedisclosed to other representatives of the department concerned with carryingout this act or when relevant in any proceedings as required under this act. Inany such proceedings, the department, the commission, the review board or thecourt shall issue orders as may be appropriate to protect the confidentialityof trade secrets.

 

27-11-110. Injunction; bond; effect on sovereign immunity.

 

Wheneverit appears to the commission that any person has engaged or is about to engagein any act or practice constituting a violation of any provision of this act,or any rule, regulation, or order hereunder, the commission, its chairman, orany person so authorized by the commission may bring an action in the name ofthe state in the district court of any county in which the violation occurredor where it appears a violation may occur to enjoin the acts or practices toenforce compliance with this act, rule or regulation or order hereunder. Upon aproper showing a permanent or temporary injunction or restraining order shallbe granted. This action shall not exempt the person so enjoined from penalty,as provided in W.S. 27-11-107, or from enforcement of any other section of theact. The court may not require the commission, its chairman, or any personauthorized to bring such action, to post a bond for more than fifty thousanddollars ($50,000.00), and the state of Wyoming does hereby waive sovereignimmunity up to and including the amount of the bond the court requires postedin each suit but in no event shall such waiver be more than fifty thousanddollars ($50,000.00) for liability incurred due to wrongfully causing a courtto order a person to cease operating his business pursuant to this act.

 

27-11-111. Variances.

 

(a) Any person affected by this act may request a variance toany standard, rule or regulation promulgated under this act.

 

(b) The commission or department shall be empowered to issue atemporary variance when the employer establishes that:

 

(i) He is unable to comply with the standard, rule orregulation because of unavailability of professional or technical personnel orof materials and equipment needed to come into compliance;

 

(ii) He has taken all available steps to safeguard his employeesagainst the hazards covered by the standard, rule or regulation;

 

(iii) He has an effective program for coming into compliance withthe standard, rule or regulation as quickly as practical; and

 

(iv) He has advised his employees of his request for thevariance.

 

(c) A variance may be granted when it shall be determined,after opportunity for an inspection and a hearing, that the employer requestingthe variance has demonstrated by a sufficient amount of evidence that theconditions, practices, means, methods, operations or processes used or proposedto be used by the employer will provide employment and a place of employment tohis employees which are as safe and healthful as those which would prevail ifhe complied with the standard, rule or regulation.

 

(d) Procedures for the issuing of a variance are set by rule asprovided in W.S. 27-11-105.

 

27-11-112. Investigation of health and safety charges and complaints.

 

Thedepartment of employment shall investigate charges and complaints of violationof the laws of this state with respect to health and safety and any order,rules, or regulations of the commission made in connection therewith andreport them to the commission.

 

27-11-113. Physical examination of employees; religious exemption.

 

Anyemployer may require an employee to submit to a physical examination beforeemployment or at any time during employment, and shall provide for a physicalexamination, as deemed necessary, due to exposure or contact with hazards orenvironmental conditions which may be detrimental to the health of theemployee. Nothing in this or any other provision of this act shall be deemed toauthorize or require medical examination, immunization or treatment for thosewho object thereto on religious grounds, except where such is necessary for theprotection of the health or safety of others. The results of such examinationsshall be furnished only to the department, the employer and, upon request, tothe employee and the employee's physician. The employer shall pay for suchexamination.

 

27-11-114. Limitations.

 

(a) Nothing in this act shall:

 

(i) Limit or restrict the present jurisdiction or authority ofthe public service commission except employee safety and occupational health;

 

(ii) Supersede or limit the present authority for making rulesand regulations pertaining to coal mines;

 

(iii) Affect the rules and regulations now in force until thecommission shall adopt rules and regulations pertaining to noncoal mines anduntil the same shall become effective;

 

(iv) Affect the appointment of the state mine inspector anddeputy mine inspectors;

 

(v) Affect the powers and duties of the state mine inspectorand deputy mine inspectors as to their present powers and duties until July 1,1970.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title27 > Chapter11

CHAPTER 11 - OCCUPATIONAL HEALTH AND SAFETY

 

27-11-101. Short title.

 

Thisact shall be known and may be cited as the "Wyoming Occupational Healthand Safety Act."

 

27-11-102. Declaration of policy.

 

(a) It is hereby declared to be the policy of the state ofWyoming, that the primary purposes of this act are:

 

(i) That the prevention of accidents and occupational diseasesand abiding by rules and regulations are the responsibility of both theemployer and the employee;

 

(ii) To help and assist employers and employees in accident andoccupational disease prevention through educational means, which shall be madeavailable to all industries, businesses, employees, employee groups andassociations;

 

(iii) The commission shall furnish consultant services ondevelopment of safety programs, procedures and training services for employees,supervisors and groups;

 

(iv) Commission members and its employees shall be neutral inlabor management relations in carrying out the provisions of this act;

 

(v) Enforcement shall be used only to obtain compliance withthe act and the rules and regulations established by the commission;

 

(vi) It is also the purpose of this act to include everyone whoworks in private or public employment or is self-employed; except that in thecase of self-employed persons in agriculture, its purpose shall be limited toeducation.

 

27-11-103. Definitions.

 

(a) As used in this act:

 

(i) "Commission" means the occupational health andsafety commission;

 

(ii) "Department" means the department of employmentof the state of Wyoming;

 

(iii) "Employee" means a person permitted to work by anemployer in employment;

 

(iv) "Employer" means any individual or organizationincluding the state and all its political subdivisions, which has in its employone (1) or more individuals performing services for it in employment;

 

(v) "Employment" means all services for pay under acontract of hire;

 

(vi) "Party" means each person or agency named oradmitted as a party or properly seeking and entitled as of right to be admittedas a party;

 

(vii) "Person" means an individual, governmentalagency, partnership, association, corporation, business, trust, receiver,trustee, legal representative or successor to any of the foregoing;

 

(viii) "Place of employment" means plant, premises, orany other place where directed by the employer or about which an employee ispermitted to work;

 

(ix) "This act" means W.S. 27-11-101 through27-11-114.

 

27-11-104. Occupational health and safety commission; generally.

 

(a) There is hereby created an occupational health and safetycommission, hereinafter referred to as the "commission," which shallbe composed of seven (7) members comprised of one (1) from the general field ofemployees or employee organizations; one (1) from the general field of businessor industry; one (1) medical doctor; and four (4) from the public at large whoshall all be appointed by the governor with the advice and consent of thesenate without regard to political affiliation. The commission members shallchoose the commission chairman annually.

 

(b) The governor may remove any commission member as providedin W.S. 9-1-202.

 

(c) The terms of the members shall be for six (6) years, exceptthat of the initially appointed members: one (1) from the field of business,and one (1) from the field of labor shall serve six (6) years and one (1)medical doctor who shall serve for a term of six (6) years; and four (4)members from the public at large, one (1) to serve a term of two (2) years, one(1) to serve a term of three (3) years and one (1) to serve a term of four (4)years and one (1) to serve a term of five (5) years. The terms of the membersshall terminate on the last day of February of the sixth year after theirappointment, except as initially appointed. The governor shall appoint a memberto fill a vacancy in accordance with W.S. 28-12-101.

 

(d) The commission shall hold at least four (4) regularmeetings per year at such time and place as the chairman shall specify. Specialmeetings may be called by the chairman, and special meetings must be called bythe chairman upon a written request by four (4) or more members. Four (4)members shall constitute a quorum. Rules, regulations and variances shall notbe devised, formulated, adopted, amended or repealed except by majority vote ofthe entire membership of the commission. All other matters shall be decided bya majority vote of those in attendance and constituting a quorum.

 

(e) Repealed by Laws 1990, ch. 63, 3.

 

(f) No member of the commission nor any member of any advisorycommittees hereinafter referred to, not otherwise in full-time employment ofthe state, shall receive any salary but shall receive the same per diem,mileage and expense allowance while attending and traveling to and frommeetings as officers or employees of the state are allowed.

 

(g) The commission shall contract with an independent hearingofficer to hear all contests of notice of violation, proposed penalty orabatement periods for violations, as written in the notice of violationreceived by the employer. The hearing officer shall be a qualified member ofthe bar of Wyoming and may not be an employee of the office of the attorneygeneral or the department or a member of the commission:

 

(i) The employer shall have the right to contest the allegedviolation, abatement period or proposed penalty for violation as written in thenotice of violation;

 

(ii) The employee or the employee representative shall have theright to contest the abatement period as stated in the notice of violation andto participate in any hearings concerning such abatement period;

 

(iii) The hearing shall be held as soon after receiving theletter of contest and in a city as near the site of occurrence as ispracticable;

 

(iv) All hearings shall be conducted pursuant to the WyomingAdministrative Procedure Act. The hearing officers have the powers specified inW.S. 16-3-112(b). The hearing officer shall make written findings of fact andconclusions of law in each contested case;

 

(v) The hearing officer shall recommend a decision to thecommission. The decision of the commission is the final administrativedecision. A party adversely affected by a decision of the commission may appealto the district court in the county where the violation allegedly occurred.

 

(h) Effective July 1, 1979, appointments and terms ofcommission members shall be in accordance with W.S. 28-12-101 through28-12-103.

 

27-11-105. Occupational health and safety commission; powers and dutiesof commission and department.

 

(a) The department, in consultation with the commission, has thepowers and is hereby charged with the duties:

 

(i) Repealed by Laws 1990, ch. 63, 2,3.

 

(ii) To develop and formulate, a comprehensive program for theprevention, control and abatement of unsafe and unhealthy working conditionsand to direct state agencies and their staffs to compile statistics, doresearch, do investigation and any other duties where practical, possible andnot inconsistent with the purposes of this act;

 

(iii) To assure that all agencies and their staffs shall complywith directives of the commission in regard to occupational health and safety;

 

(iv) To cooperate, as specified in W.S. 27-2-105 and in section24(a) of Public Law 91-596 in the collection, compilation and analysis of datarelative to the occurrence of occupational injuries and illnesses;

 

(v) To compile statistics and to require such reports as may beneeded to aid in accomplishing this purpose;

 

(vi) To do research on the causes and methods of preventingoccupational diseases and accidents;

 

(vii) To promote accident prevention and occupational diseaseprevention programs and to provide consultative and educational assistance;

 

(viii) Repealed by Laws 1990, ch. 63, 2,3.

 

(ix) Repealed by Laws 1990, ch. 63, 2,3.

 

(x) To select or give emphasis to those areas and segments ofthe business and industrial community which need the concentrated attention andassistance of the commission and its employees;

 

(xi) Repealed by Laws 1990, ch. 63, 2,3.

 

(xii) To enter into agreements with agencies of the United Statesgovernment for assistance, cooperation and enforcement of safety laws and toaccept funds from such federal agencies for the purpose of carrying out any ofthe provisions of this act;

 

(xiii) Repealed by Laws 1990, ch. 63, 2,3.

 

(xiv) Repealed by Laws 1990, ch. 63, 2,3.

 

(xv) Repealed by Laws 1990, ch. 63, 2,3.

 

(xvi) To institute or cause to be instituted appropriate civil orcriminal actions to enforce the provisions of this act and the rules andregulations promulgated under this act.

 

(b) The commission has the following powers and duties:

 

(i) To prescribe rules of practice and procedure;

 

(ii) To promulgate, devise, formulate, adopt, amend, and repealrules and regulations and to appoint advisory committees equally composed ofemployers and employees from the industries involved to assist and advise thecommission:

 

(A) All rules and regulations shall be reviewed as needed andrevised as necessary. Such review would be under the same procedures as the originalestablishment of the rules and regulations;

 

(B) The standards set by rule and regulation by the commissionshall take into consideration recognized and accepted national codes,recognized industrial standards or similar, in whole or in part, but shall notbe limited exclusively to these;

 

(C) The rules and regulations shall not be more stringent thancorresponding federal rules and regulations. If there are no correspondingfederal rules or regulations the commission may adopt applicable state rulesand regulations.

 

(iii) To exempt from coverage under this act any trade orbusiness when the commission deems federal or other authority is adequate anddual or overlapping authority would result. If any trade or business isexempted under this section the commission shall file a detailed report withthe governor showing the reasons for such exemption together with an affirmanceby the federal or other authority that the coverage is adequate;

 

(iv) To require that any rules and regulations of the commissionbe a part of construction, maintenance or servicing contracts or othercontracts as the commission may determine;

 

(v) To consider and grant in accordance with and subject to theterms and limitations provided in W.S. 27-11-111, variances from standards,rules and regulations promulgated under this act;

 

(vi) To require the employer to be charged with the followingduties:

 

(A) Each employer shall furnish to his employees, a place ofemployment and employment which are free from recognized hazards that arecausing or that are likely to cause death or serious physical harm;

 

(B) Each employer shall comply with occupational safety andhealth standards, rules, regulations and orders issued pursuant to this act.

 

(vii) To require the employee to be charged with the followingduty, each employee shall comply with occupational safety and health standardsand all rules, regulations and orders issued pursuant to this act which areapplicable to his own actions and conduct.

 

27-11-106. Enforcement and administration.

 

(a) The department shall enforce and administer this act andthe rules, regulations and orders promulgated and issued under this act. Thecommission shall have authority to hold hearings for the promulgation of rulesand regulations in accordance with the Wyoming Administrative Procedure Act. Inany case that goes uncontested the commission may after opportunity to showcause, enter an order of final disposition which may be enforced by anydistrict court.

 

(b) If an imminent danger to health or safety exists, whetherit is in a specific industry where rules and regulations are in effect or not,the commission or any employee of the department so authorized is herebyempowered to direct the person where such imminent danger to health and safetyexists to cease operations immediately in order to eliminate such danger tohealth or safety. If such person does not cease operations so as to eliminatesuch danger, the commission, its chairman, or any employee of the department soauthorized, may, with the concurrence of the attorney general, bring a civilsuit in the name of the state in the district court of the county where suchdanger exists, or in the United States district court for Wyoming (if itotherwise has jurisdiction), to restrain such person from continuing suchoperations where an imminent danger to health or safety exists.

 

(c) In contested cases where no appeal has been taken from thedecision of the commission within the time provided for such an appeal, thecommission shall adopt the decision and order the department and employer toact in accordance with the decision. Any state district court may enforcecommission orders issued in that county after a hearing where no appeal hasbeen taken. The United States district court for Wyoming (if it otherwise hasjurisdiction) may also enforce any commission order.

 

(d) Any suit, action or appeal involving this act or rule,regulation or order of the commission, shall be advanced for trial anddetermined as expeditiously as feasible and no postponement or continuanceshall be granted unless deemed imperative by the court.

 

27-11-107. Penalty.

 

(a) Any employer willfully and knowingly violating any of theprovisions of this act, any health and safety standards, rules or regulationspromulgated under this act or any existing rule or regulation governing theconditions of employment promulgated by the commission, which causes death ofan employee, upon conviction, shall be punished by a fine of not more than tenthousand dollars ($10,000.00) or by imprisonment of not more than six (6)months or both. If the conviction is for a violation committed after a firstconviction of the same person, punishment shall be by a fine of not more thantwenty thousand dollars ($20,000.00) or by imprisonment for not more than one(1) year, or by both.

 

(b) Any employer willfully and knowingly violating any of theprovisions of this act, any safety and health standards, rules or regulationspromulgated under this act or any existing rule or regulation governing theconditions of employment promulgated by the commission may be assessed a civilpenalty of not less than five thousand dollars ($5,000.00) nor more thanseventy thousand dollars ($70,000.00) for each violation, provided that alesser penalty may be imposed by the commission.

 

(c) Any employer violating any provision of this act, anyhealth and safety standards or rules and regulations promulgated under this actor any existing rule or regulation governing the conditions of employment promulgatedby the commission, the violation specifically determined to be of a seriousnature, shall be assessed a civil penalty of not more than seven thousanddollars ($7,000.00) for the violation.

 

(d) Any employer violating any provision of this act, anyhealth and safety standards or rules and regulations promulgated under this actor any existing rule or regulation governing the conditions of employmentpromulgated by the commission, the violation determined not to be of a seriousnature, may be assessed a civil penalty of not more than seven thousand dollars($7,000.00) for each offense as noted in the notice of violation.

 

(e) Whoever knowingly makes any false statement, representationor certification in any application, record, report, plan or other documentfiled or required to be maintained pursuant to this act, upon conviction, shallbe punished by a fine of not more than ten thousand dollars ($10,000.00) or byimprisonment for not more than six (6) months, or both.

 

(f) Any employer who violates any of the posting requirements,as prescribed under the provisions of this act, may be assessed a civil penaltyof up to seven thousand dollars ($7,000.00) for each violation.

 

(g) Any employer who fails to correct a violation for which anotice of violation has been issued, which notice of violation is not contestedor appealed under W.S. 27-11-104 and 27-11-106, initiated by the employer, maybe assessed a civil penalty of not more than seven thousand dollars ($7,000.00)for each day the failure or violation continues.

 

(h) Payment of all fines and penalties imposed under thissection shall be made to the county treasurer of the county in which theviolation occurs to be credited to the county school fund.

 

27-11-108. Right of entry and inspection; consultation with employees;penalty for giving advance notice.

 

(a) Any department authorized employee or representative of thedepartment may enter and inspect any property, premises or place, exceptprivate residences where persons are employed, at any reasonable time toinvestigate health and safety conditions and compliance with safety and healthlaws, rules and regulations. No person conducting an inspection under thissubsection shall unreasonably interfere with the operations, business or work ofany employer or employee. At the opening conference, immediately before aninspection commences, the department shall notify employers in writing of theirright to refuse its employees entry to investigate health and safety conditionsunless the employees have a warrant issued by a court of competentjurisdiction.

 

(b) A representative or representatives of the employer and arepresentative or representatives authorized by the employees shall be given anopportunity to accompany any duly authorized employee or representative of thedepartment before or during the physical inspection of any workplace for thepurpose of aiding such inspection. Where there is no authorized employeerepresentative, any duly authorized employee or representative of the departmentshall consult with a reasonable number of employees concerning matters ofsafety and health.

 

(c) 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 this act, without the consent of thedepartment shall, upon conviction, be guilty of a misdemeanor and shall bepunished by a fine of not more than ten thousand dollars ($10,000.00) or byimprisonment for not more than six (6) months or both.

 

27-11-109. Investigation of violations; proceedings; confidentiality oftrade secrets.

 

(a) The commission or chairman, in their discretion, may makesuch public or private investigations as they deem necessary to determinewhether any person or employer has violated, or is about to violate, anyprovision of this act, or any rules, regulation, or order hereunder, or to aidin the enforcement of this act, or in the prescribing of rules and regulationshereunder, may require or permit any person to file a statement in writing,under oath or otherwise, as they determine, as to all the facts andcircumstances concerning the matter to be investigated and may publishinformation concerning any violation of this act, rule, regulation or orderhereunder.

 

(b) For the purpose of any investigation or proceeding underthis act any member of the commission or any officer designated by the chairmanmay administer oaths and affirmations, subpoena witnesses, and compel theirattendance, take evidence and require the production of any books, papers,correspondence, memoranda, agreements, or other documents or records, which thecommission or its chairman deem relevant or material to the inquiry.

 

(c) In case of contumacy by or refusal to obey a subpoenaissued to any person, any Wyoming district court, upon application by thecommission or its chairman, may issue to the person an order requiring him toappear before the commission or the officer designated by them, to producedocumentary evidence if so ordered, or to give evidence touching the matterunder investigation or in question. Failure to obey the order of the court maybe punished by the court as contempt of court.

 

(d) When the commission or the department shall discover orhave reason to believe that any provision of the employment health and safetylaws or any rule is being violated, written notice shall be served upon theperson 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 morethan thirty (30) days, except that such time may be extended for good causeshown. The notice shall specify the violation and shall be posted at or nearthe site of violation for a period of three (3) days or until the violation isabated, whichever is longer:

 

(i) In fixing the time in such notice and any extension oftime, consideration shall be given to the nature of the failure or defectconstituting the violation, the probable danger thereof, and the probablelength of time and amount of labor required to correct the violation;

 

(ii) If the violation continues after the expiration of theperiod of time fixed in the notice, including any such extension of time,enforcement in this type of case will be sought by the commission or by thedepartment by filing a complaint and seeking a cease and desist order in thedistrict court;

 

(iii) Proposed penalty amounts shall be clearly stated as part ofthe notice of violation, but shall be a separate document which need not beposted with the notice of violation;

 

(iv) Nothing in paragraphs (i) and (ii) of this subsection shallbe applicable to W.S. 27-11-106(b).

 

(e) No employer shall discharge or in any manner discriminateagainst any employee because such employee has filed any notice of complaint orhas instituted, or caused to be instituted, any proceeding under or related tothis act or has testified or is about to testify in any such proceeding, orbecause of the exercise by such employee on behalf of himself or others any rightafforded by this act.

 

(f) All information reported or likewise obtained by thedepartment in connection with any inspection or investigation under this actwhich contains or which might reveal a trade secret shall be considered asconfidential for the purpose of this act: except that such information may bedisclosed to other representatives of the department concerned with carryingout this act or when relevant in any proceedings as required under this act. Inany such proceedings, the department, the commission, the review board or thecourt shall issue orders as may be appropriate to protect the confidentialityof trade secrets.

 

27-11-110. Injunction; bond; effect on sovereign immunity.

 

Wheneverit appears to the commission that any person has engaged or is about to engagein any act or practice constituting a violation of any provision of this act,or any rule, regulation, or order hereunder, the commission, its chairman, orany person so authorized by the commission may bring an action in the name ofthe state in the district court of any county in which the violation occurredor where it appears a violation may occur to enjoin the acts or practices toenforce compliance with this act, rule or regulation or order hereunder. Upon aproper showing a permanent or temporary injunction or restraining order shallbe granted. This action shall not exempt the person so enjoined from penalty,as provided in W.S. 27-11-107, or from enforcement of any other section of theact. The court may not require the commission, its chairman, or any personauthorized to bring such action, to post a bond for more than fifty thousanddollars ($50,000.00), and the state of Wyoming does hereby waive sovereignimmunity up to and including the amount of the bond the court requires postedin each suit but in no event shall such waiver be more than fifty thousanddollars ($50,000.00) for liability incurred due to wrongfully causing a courtto order a person to cease operating his business pursuant to this act.

 

27-11-111. Variances.

 

(a) Any person affected by this act may request a variance toany standard, rule or regulation promulgated under this act.

 

(b) The commission or department shall be empowered to issue atemporary variance when the employer establishes that:

 

(i) He is unable to comply with the standard, rule orregulation because of unavailability of professional or technical personnel orof materials and equipment needed to come into compliance;

 

(ii) He has taken all available steps to safeguard his employeesagainst the hazards covered by the standard, rule or regulation;

 

(iii) He has an effective program for coming into compliance withthe standard, rule or regulation as quickly as practical; and

 

(iv) He has advised his employees of his request for thevariance.

 

(c) A variance may be granted when it shall be determined,after opportunity for an inspection and a hearing, that the employer requestingthe variance has demonstrated by a sufficient amount of evidence that theconditions, practices, means, methods, operations or processes used or proposedto be used by the employer will provide employment and a place of employment tohis employees which are as safe and healthful as those which would prevail ifhe complied with the standard, rule or regulation.

 

(d) Procedures for the issuing of a variance are set by rule asprovided in W.S. 27-11-105.

 

27-11-112. Investigation of health and safety charges and complaints.

 

Thedepartment of employment shall investigate charges and complaints of violationof the laws of this state with respect to health and safety and any order,rules, or regulations of the commission made in connection therewith andreport them to the commission.

 

27-11-113. Physical examination of employees; religious exemption.

 

Anyemployer may require an employee to submit to a physical examination beforeemployment or at any time during employment, and shall provide for a physicalexamination, as deemed necessary, due to exposure or contact with hazards orenvironmental conditions which may be detrimental to the health of theemployee. Nothing in this or any other provision of this act shall be deemed toauthorize or require medical examination, immunization or treatment for thosewho object thereto on religious grounds, except where such is necessary for theprotection of the health or safety of others. The results of such examinationsshall be furnished only to the department, the employer and, upon request, tothe employee and the employee's physician. The employer shall pay for suchexamination.

 

27-11-114. Limitations.

 

(a) Nothing in this act shall:

 

(i) Limit or restrict the present jurisdiction or authority ofthe public service commission except employee safety and occupational health;

 

(ii) Supersede or limit the present authority for making rulesand regulations pertaining to coal mines;

 

(iii) Affect the rules and regulations now in force until thecommission shall adopt rules and regulations pertaining to noncoal mines anduntil the same shall become effective;

 

(iv) Affect the appointment of the state mine inspector anddeputy mine inspectors;

 

(v) Affect the powers and duties of the state mine inspectorand deputy mine inspectors as to their present powers and duties until July 1,1970.

 

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