reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 6 - INFORMAL CONFERENCES, HEARINGS & CONTESTED CASES › Section 6-13 - Order of Procedure in Contested Case Hearing

Current through July 13, 2024
(a) The
				Department shall have the burden of proof in all cases in which Department
				action is contested. The employer shall have the burden to produce evidence of
				any affirmative defense it may have to any Department action. Department action
				includes, but is not limited to, issuance of a Citation and Notification of
				Penalty and amendments to a Citation and Notification of Penalty.
(b) Evidence.
(i) Admissibility. A party shall be entitled
				to present his case or defense by oral or documentary evidence, to submit
				rebuttal evidence, and to conduct cross-examination. Any oral or documentary
				evidence may be received, but the hearing officer shall exclude evidence which
				is irrelevant, immaterial, or unduly repetitious.
(ii) Objections. If a party objects to the
				admission or rejection of any evidence, or to the limitation of the scope of
				any examination or cross-examination, or to the failure to limit such scope, he
				shall state briefly the grounds for such objection. Rulings on all objections
				shall appear in the record. Only objections made before the hearing officer may
				be relied upon subsequently in a proceeding.
(iii) Exceptions. Formal exception to an
				adverse ruling is not required.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 6 - INFORMAL CONFERENCES, HEARINGS & CONTESTED CASES › Section 6-14 - Contents of Record in Contested Case Hearings

Current through July 13, 2024
The record of the hearing shall contain:
(a) All formal or informal notices,
				pleadings, motions or , intermediate rulings;
(b) Evidence received or considered including
				matters officially noticed;
(c)
				Questions and offers of proof, objections, and rulings thereon;
(d) Any proposed findings and exceptions
				thereto;
(e) Any report and
				recommended decision by the officer presiding at the hearing and any opinions,
				findings, decision or order of the Commission.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 6 - INFORMAL CONFERENCES, HEARINGS & CONTESTED CASES › Section 6-15 - Decisions in Contested Case Hearings

Current through July 13, 2024
(a) Proposed
				findings of fact. Within ten calendar days after close of the hearing or such
				other time as the hearing officer may direct, each party may file with the
				hearing officer proposed findings of fact, conclusions of law and recommended
				rule or order, together with a supporting brief expressing the reasons for such
				proposals. Such proposals and brief shall be served on all other parties, and
				shall refer to all portions of the record and to all authorities relied upon in
				support of each proposal.
(b)
				Recommended decision. The hearing officer will submit to the Commission his
				recommended findings of fact, conclusions of law and order within thirty (30)
				days of the close of the contested case hearing. The decision shall include:
(i) A statement of findings and conclusions
				of law, with reasons and basis therefore, upon each material issue of fact, law
				or discretion presented on the record, and
(ii) The appropriate recommended rule, order,
				relief, or denial thereof. The recommended decision shall be based upon a
				consideration of the whole record and shall state all facts and conclusions
				officially noticed and relied upon. It shall be made on the basis of a
				preponderance of reliable and probative evidence.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 6 - INFORMAL CONFERENCES, HEARINGS & CONTESTED CASES › Section 6-16 - Appeals from Commission Decision in Contested Cases

Current through July 13, 2024
(a) The final decision of the Commission
				shall be sent to all parties by certified mail.
(b) Time limitation for appeal. The time
				limitation for appeal of the Commission's final decision shall be in accordance
				with the requirements of the Wyoming Rules of Appellate Procedure.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 6 - INFORMAL CONFERENCES, HEARINGS & CONTESTED CASES › Section 6-17 - Effects of Appeals in Contested Cases

Current through July 13, 2024
(a) Decision of the
				Commission. The decision of the Commission appealed to the district court shall
				be held in abeyance pending a decision by the court.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 6 - INFORMAL CONFERENCES, HEARINGS & CONTESTED CASES › Section 6-18 - Show Cause Hearings

Current through July 13, 2024
(a) Show cause
				hearing. Any case which is not contested and which has not been closed by
				virtue of the correction of the alleged violations or by the voluntary payment
				of proposed penalties within 30 days of the final abatement date, shall be set
				for a show cause hearing before the Commission.
(b) Time of hearing. The show cause hearing
				will be held at the next regularly scheduled Commission meeting, or at a
				special Commission meeting, if called by the Chairman of the
				Commission.
(c) Scope of hearing.
				The scope of the show cause hearing shall be limited to a showing of good cause
				why the Commission should not enter an order of final disposition which may be
				enforced by any district court. Upon completion of the hearing, the Commission
				shall prepare an appropriate order to the Department.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 7 - DISCRIMINATION COMPLAINTS › Section 7-1 - General Requirements

Current through July 13, 2024
(a)W.S.
				27-11-109(e) provides in
				general that no person shall discharge or in any manner discriminate against
				any employee because the employee has:
(i)
				Filed any complaint under or related to the act;
(ii) Instituted or caused to be instituted
				any proceeding under or related to the act;
(iii) Testified or is about to testify in any
				proceeding under the act or related to the act; or
(iv) Exercised on his own behalf or on behalf
				of others any right afforded by the act.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 7 - DISCRIMINATION COMPLAINTS › Section 7-2 - Prohibitions and Protections

Current through July 13, 2024
(a) Persons
				Prohibited from Discriminating
(i)W.S.
				27-11-109(e) specifically
				states that "No employer shall discharge or in any manner discriminate against
				any employee because such employee has filed any notice of complaint or has
				instituted, or caused to be instituted, any proceeding under or related to this
				act or has testified or is about to testify in any such proceeding, or because
				of the exercise by such employee on behalf of himself or others any right
				afforded by this act." W.S. W.S.
				W.S.
				27-11-103(a)(iv) defines
				"employer" as "any individual or organization including the state and all its
				political subdivisions, which has in its employ one (1) or more individuals
				performing services for it in employment." The prohibitions of W.S.
				W.S.
				27-11-109(e) are not limited
				to actions taken by employers against their own employees. An employer may be
				charged with discriminatory action against an employee of another
				person.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 7 - DISCRIMINATION COMPLAINTS › Section 7-3 - Unprotected Activity Distinguished

Current through July 13, 2024
(a) Actions taken
				by an employer, or others, which adversely affect an employee may be predicated
				upon nondiscriminatory grounds. The prohibitions of this section apply when the
				adverse action occurs because the employee has engaged in protected activities.
				An employee's engagement in activities protected by the act does not
				automatically render him immune from discharge or discipline for legitimate
				reasons, or from adverse action dictated by non-prohibited
				considerations.
(b) To establish a
				violation of
				W.S.
				27-11-109(e), the employee's
				engagement in protected activity need not be the sole consideration behind
				discharge or other adverse action. If protected activity was a substantial
				reason for the action, or if the discharge or other adverse action would not
				have taken place "but for" engagement in protected activity, the act has been
				violated.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 7 - DISCRIMINATION COMPLAINTS › Section 7-4 - Complaints Under or Related to the Act

Current through July 13, 2024
(a) Discharge of,
				or discrimination against, an employee because the employee has filed "any
				notice of complaint ...under or related to this act..." is prohibited by
				W.S.
				27-11-109(e). An example of
				a complaint made "under" the act would be an employee request for inspection
				pursuant to Chapter 3, Section
				3(a) of these Rules.
				However, this would not be the only type of complaint protected by the act. The
				range of complaints "related to" the act is commensurate with the purposes of
				this legislation and the scope of its application. An example of a complaint
				made "related to" the act would be an employee reporting a work-related injury
				or illness on the "equivalent form" of Workers' Safety and Compensation Report
				of Injury.
(b) Complaints made to
				other State or local agencies regarding occupational safety and health
				conditions would be "related to" the act. Such complaints, however, must relate
				to conditions at the workplace, as distinguished from complaints touching only
				upon general public safety and health.
(c) Further, the beneficial principles of the
				act would be seriously undermined if employees were discouraged from lodging
				complaints about occupational safety and health matters with their employers.
				Such complaints to employers, if made in good faith, therefore would be related
				to the act, and an employee would be protected against discharge or
				discrimination caused by a complaint to the employer.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 7 - DISCRIMINATION COMPLAINTS › Section 7-5 - Proceedings Under or Related to the Act

Current through July 13, 2024
(a) Discharge of,
				or discrimination against, any employee because the employee "has instituted or
				caused to be instituted, any proceeding under or related to this act" is also
				prohibited by
				W.S.
				27-11-109(e). Examples of
				proceedings which could arise specifically under the act would be inspections
				of worksites under W.S. W.S.
				W.S.
				27-11-108, employee contest of abatement date
				under W.S.
				W.S.
				27-11-104(g)(ii), employee
				initiation of proceedings for promulgation of an occupational safety and health
				standard, employee application for modification of revocation of a variance
				under W.S.
				W.S.
				27-11-111 and Chapter 5 of these Rules,
				employee judicial challenge to a standard and employee appeal of an
				Occupational Health and Safety Commission order under W.S.
				W.S.
				27-11-104(g)(v). In
				determining whether a "proceeding" is "related to" the act, the considerations
				discussed in Section
				3 of this Chapter would also be
				applicable.
(b) An employee need
				not himself directly institute the proceedings. It is sufficient if he sets
				into motion activities of others, which result in proceedings under or related
				to the act.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 7 - DISCRIMINATION COMPLAINTS › Section 7-6 - Testimony

Current through July 13, 2024
(a) Discharge of, or discrimination against,
				any employee because the employee has testified or is about to testify in
				proceedings under or related to the act is prohibited by
				W.S.
				27-11-109(e). This
				protection is not limited to testimony in proceedings instituted or caused to
				be instituted by the employee, but would extend to any statements given in the
				course of judicial, quasi-judicial, and administrative proceedings, including
				inspections, investigations, and administrative rule making or adjudicative
				functions. If the employee is giving or is about to give testimony in any
				proceeding under or related to the act, he would be protected against
				discrimination resulting from such testimony.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 7 - DISCRIMINATION COMPLAINTS › Section 7-7 - Exercise of any Right Afforded by the Act

Current through July 13, 2024
(a) In addition to
				protecting employees who file complaints, institute proceedings, or testify in
				proceedings under or related to the act,
				W.S.
				27-11-109(e) also protects
				employees from discrimination occurring because of the exercise "of any right
				afforded by this act." Certain rights are explicitly provided in the act; for
				example, there is a right to participate as a party in enforcement proceedings
				in W.S. W.S. 27-11-104. Certain other
				rights exist by necessary implication. For example, employees may request
				information from the Department; such requests would constitute the exercise of
				a right afforded by the act. Likewise, employees interviewed by Department
				representatives in the course of inspections or investigations could not
				subsequently be discriminated against because of their cooperation.
(i) There is no right afforded by the act,
				which would entitle employees to walk off the job because of potential unsafe
				conditions at the workplace. Hazardous conditions, which may be violative of
				the act, should be corrected by the employer, once brought to his attention. If
				corrections are not accomplished, or if there is dispute about the existence of
				a hazard, the employee will normally have opportunity to request inspection of
				the workplace pursuant to Chapter 3, Section
				3 of these rules, or to seek the assistance
				of other governmental agencies, which have responsibility in the field of
				safety and health.
Under such circumstances, an employer would not be in
				  violation of W.S.
				  W.S.
				  27-11-109(e) by taking
				  action to discipline an employee for refusing to perform normal job activities
				  because of alleged safety or health hazards.
(ii) Occasions might arise when an employee
				is confronted with a choice between not performing assigned tasks or subjecting
				himself to serious injury or death arising from a hazardous condition at the
				workplace. If the employee, with no reasonable alternative, refuses in good
				faith to expose himself to the dangerous condition, he would be protected
				against subsequent discrimination. The condition causing the employee's
				apprehension of death or injury must be of such a nature that a reasonable
				person, under the circumstances then confronting the employee, would conclude
				that there is a real danger of death or serious injury and that there is
				insufficient time, due to the urgency of the situation, to eliminate the danger
				through resort to regular statutory enforcement channels. In addition, in such
				circumstances, the employee, where possible, must also have sought from his
				employer, and been unable to obtain, a correction of the dangerous
				condition.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 7 - DISCRIMINATION COMPLAINTS › Section 7-8 - Filing of Complaint for Discrimination

Current through July 13, 2024
(a) Who may
				file. A complaint of discrimination may be filed by the employee himself, or by
				a representative authorized to do so on his behalf.
(b) Nature of filing. The WOSH Form 007d is
				to be used for the purpose of documenting these complaints.
(c) Place of filing. Complaints must be filed
				with the Department.
(d) Time for
				filing.
(i) An employee who believes that he
				has been discriminated against shall, within 30 days after such violation
				occurs, file a complaint with the Department.
(ii) The 30-day period is to allow the
				Compliance Supervisor to deny complaints, which have become stale. Accordingly,
				complaints not filed within 30 days of an alleged violation will be presumed to
				be untimely.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 7 - DISCRIMINATION COMPLAINTS › Section 7-9 - Notification of the Compliance Supervisor's Determination

Current through July 13, 2024
(a) The Compliance Supervisor shall, within
				30 days of the completion of his investigation, notify a complainant of his
				determination whether prohibited discrimination has occurred.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 7 - DISCRIMINATION COMPLAINTS › Section 7-10 - Withdrawal of Complaint

Current through July 13, 2024
(a) An employee's
				withdrawal of complaint shall be in writing to the Commission or Program
				Manager. Attempts by an employee to withdraw a previously filed complaint will
				not necessarily result in termination of the Department's investigation. The
				Department's jurisdiction cannot be foreclosed by unilateral action of the
				employee. However, a voluntary and uncoerced request from a complainant to
				withdraw his complaint will be given careful consideration and substantial
				weight as a matter of policy and sound enforcement procedure.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 7 - DISCRIMINATION COMPLAINTS › Section 7-11 - Employee Refusal to Comply with Safety Rules

Current through July 13, 2024
(a) Employees who
				refuse to comply with occupational safety and health standards or valid safety
				rules implemented by the employer in furtherance of the act are not exercising
				any rights afforded by the act. Disciplinary measures taken by employers solely
				in response to employee refusal to comply with appropriate safety rules and
				regulations will not be regarded as discriminatory action prohibited by
				W.S.
				27-11-109(e). This situation
				should be distinguished from refusals to work, as discussed in Section
				7 of this Chapter.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 8 - CONSULTATION PROGRAM › Section 8-1 - Purpose and Scope

Current through July 13, 2024
(a) Authority and
				responsibility for Consultation is provided in Section
										27-11-102(a)(ii) and (iii)
				and Section
				
										27-11-105(a)(ii) and (vii)
				of the Act.
(b) The Department
				shall provide Consultation services.
(c) Consultation is charged with the
				responsibility of providing technical assistance to all industries, businesses,
				employees, employee groups, associations, state and local governments,
				establishments, agencies and departments, by assisting them in voluntary
				compliance with the rules, regulations and standards promulgated under the Act,
				in order to provide all working men and women in Wyoming with a safe and
				healthful place of employment, free from recognized hazards. The overall goal
				is to prevent injuries and illnesses resulting from exposure to hazardous
				workplace conditions and work practices. Consultation will be provided in the
				following areas.
(i) Providing research to
				promote accident prevention and occupational disease prevention
				programs;
(ii) Providing
				consultative, educational assistance, and safety training;
(iii) Providing courtesy inspections to
				industries, businesses, state and local government agencies and departments as
				requested in writing;
(iv)
				Providing recognition and exemption programs as incentives to employers to
				develop and improve their workplace safety and health management
				system.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 8 - CONSULTATION PROGRAM › Section 8-2 - Requests and Scheduling For Onsite Consultation

Current through July 13, 2024
(a) An
				onsite consultative visit will be provided upon the written request of the
				employer, and shall not result from the enforcement of any right of entry under
				state law.
(b) When making a
				request, an employer shall include all working conditions at the worksite and
				the employer's entire safety and health program. However, the employer may
				request a more limited scope by indicating working conditions, hazards, or
				situations on which the onsite consultation will be focused. When such limited
				requests are made, the consultant will limit review and provide assistance only
				with respect to those working conditions, hazards, or situations specified;
				except that if the consultant observes hazards which are outside the scope of
				the request, the consultant must treat such hazards as though they were within
				the scope of the request.
(c)
				Employers may request onsite consultation to assist in the abatement of hazards
				cited during an enforcement inspection. However, an onsite consultative visit
				may not take place after an inspection until the conditions set forth in
				Section
				4(b)(2) of this Chapter
				have been met.
(d) Scheduling
				priority. Priority shall be assigned to smaller businesses which are in higher
				hazard industries or which have the most hazardous conditions at issue in the
				request.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 8 - CONSULTATION PROGRAM › Section 8-3 - Conduct of a Visit

Current through July 13, 2024
(a) Format. An
				initial onsite consultative visit will consist of an opening conference, an
				examination of those aspects of the employer's safety and health program which
				relate to the scope of the visit, a walk through of the workplace, and a
				closing conference. It may also include training and education for employers
				and employees. The visit shall be followed by a written report to the employer.
				Additional visits may be conducted at the employer's request to provide needed
				education and training, assistance with the employer's safety and health
				program, technical assistance in the correction of hazards, or as necessary to
				verify the correction of serious hazards identified during previous
				visits.
(b) Employee participation.
(i) The consultant shall retain the right to
				confer with a reasonable number of employees, or employee representative,
				during the course of the visit in order to identify and judge the nature and
				extent of particular hazards within the scope of the employer's request, and to
				evaluate the employer's safety and health program. The employer is encouraged
				to allow employee participation to the fullest extent practicable.
(ii) In addition, an employee or
				representative may be afforded an opportunity to accompany the consultant and
				the employer's representative during the physical inspection of the
				workplace.
(iii) The consultant is
				authorized to deny the right to accompany under this section to any person
				whose conduct interferes with the orderly conduct of the visit.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 8 - CONSULTATION PROGRAM › Section 8-4 - Relationship to Enforcement

Current through July 13, 2024
(a) Consultation
				shall function as a separate division with no infringement upon the enforcement
				capability of the Department. Consultation activity shall be conducted
				independently of any Compliance enforcement activity.
(i) Consultation shall have its own
				identifiable managerial staff separate from compliance inspections and
				scheduling. Consultation shall not perform compliance functions except in cases
				of imminent danger and shall not have knowledge of or give advance notice of
				compliance action or activities.
(ii) Consultation may have access to
				compliance case files after closure.
(iii) Compliance shall not have access to the
				identity of employers requesting onsite consultation, Consultation files,
				records or correspondence of the consultant's visit, except as provided for
				failure to eliminate imminent danger or serious hazards, inspection deferral,
				or recognition and exemption programs.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 8 - CONSULTATION PROGRAM › Section 8-5 - Recognition and Exemption Programs

Current through July 13, 2024
(a) The recognition
				and exemption programs administered by Consultation provide incentives and
				support to Wyoming employers to work with their employees to develop,
				implement, and continuously improve the effectiveness of their workplace safety
				and health management system.
(b)
				Consultation will administer the following recognition and exemption programs:
(i) Cowboy Voluntary Protection Program
				(CVPP);
(ii) Safety and Health
				Achievement Recognition Program (SHARP);
(iii) Employer's Voluntary Technical
				Assistance Program (EVTAP).
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 11 - INFORMATION DISSEMINATION › Section 11-1 - Classification of Information

Current through July 13, 2024
(a) Any open case
				may be subject to an order by the Commission to any district court for
				enforcement action pursuant to Wyoming Statute §
									
										27-11-106(a). Prior to the
				time a case is closed, the investigatory file of that case will not be released
				to any person not connected with the Department and authorized by the
				Administrator in accordance with Wyoming Statute §
									
										16-4-203(b)(i), which allows
				denial of inspection of any record that is an investigatory file compiled for
				any law enforcement or prosecution purpose.
(b) Once the Notice of Violation is completed
				and penalties are proposed, if applicable, the original Notice of Violation and
				Proposed Penalties shall be forwarded to the employer and handled in accordance
				with the procedures prescribed in Chapter 3, Practice and Procedure:
				Enforcement.
(i) Statistical data (e.g.,
				number of violations noted, proposed penalty, etc.) broken out by the North
				American Industry Classification System (NAICS) shall be available through the
				Integrated Management Information System. Individuals shall not be identified
				in these statistics.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 11 - INFORMATION DISSEMINATION › Section 11-2 - Dissemination

Current through July 13, 2024
(a) Information is
				processed by reproduction and is transferred only as accorded by Department
				policy. Any additional copying may be deemed a breach of confidence of the
				Department employee and subject them to disciplinary action.
(b) The "need to know" policy does not refer
				to anyone outside the Department unless stipulated on the document or unless
				authorized in the processing of such information.
(i) If so authorized in writing by the
				individual, their legal representative may have copies of pertinent information
				contained in the file.
(ii) If the
				case is contested, a Notice of Intent to Contest shall be forwarded to the
				Chairman of the Commission in accordance with Rules of the Department of
				Workforce Services, OSHA, Chapter 1 Practice and Procedure, Introduction and
				Chapter 6, Practice and Procedure: Informal Conferences, Hearings and Contested
				Cases.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 11 - INFORMATION DISSEMINATION › Section 11-4 - Administrator

Current through July 13, 2024
(a) Whenever there
				is doubt as to whether information should be transferred, opened or
				disseminated in any way, only the Administrator has the authority of
				decision.
(b) Any questions
				regarding the legality of any department function will be referred to the
				Administrator for course of action.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 1 - BUSINESS TRAINING GRANTS › Section 1-1 - Authority

Current through July 13, 2024
The Department of Workforce Services (DWS) is authorized
				  under W.S. § 9-2-2601(d), W.S. § 9-2-2602(b)(vi) and the Wyoming
				  Administrative Procedures Act, W.S. § 16-3-101, et seq. to promulgate
				  rules and regulations.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 1 - BUSINESS TRAINING GRANTS › Section 1-3 - Definitions

Current through July 13, 2024
(a) Emergency Medical Services Provider means
				any business or governmental entity whose primary role is planning for,
				providing response to, treatment of, or monitoring emergency medical care for
				those suffering illness or injury.
(b) Wyoming-based business means a business
				with a physical location in the state of Wyoming, and which employs Wyoming
				workers, provides goods or services within the state, or otherwise adds
				economic value to goods, services or resources within the state.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 1 - BUSINESS TRAINING GRANTS › Section 1-4 - Business Training Grants

Current through July 13, 2024
(a) Business Entity
				Eligibility Requirements
(i) Must be a Wyoming
				based business or Wyoming non-profit organization.
(A) All business entities are physically
				located and operating in the state of Wyoming and have employees working in
				Wyoming;
(B) In business for at
				least 365 days or provide a Letter of Support from the local, regional or state
				economic development entity;
(C)
				Registered and in good standing with the Wyoming Unemployment Insurance
				program;
(D) Registered and in good
				standing with the Wyoming Workers' Compensation program;
(E) Registered and in good standing with the
				Wyoming Secretary of State's office, if required;
(F) In good standing with the Workforce
				Development Training Fund (WDTF);
(G) Registered with DWS's management
				information system.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 1 - BUSINESS TRAINING GRANTS › Section 1-5 - Prioritization of Grant Funds

Current through July 13, 2024
(a) The WDTF shall
				work with the Wyoming Workforce Development Council to develop a model to
				distribute funds on a prioritized needs basis based on, at a minimum, the
				following:
(i) Economic growth
				potential;
(ii) Employment
				base;
(iii) Wages, benefits and
				career opportunities;
(iv)
				Importance of the industry sector or occupation to the state and regional
				economy; and
(v) Workforce
				development needs.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 1 - BUSINESS TRAINING GRANTS › Section 1-6 - Annual Report

Current through July 13, 2024
The Director of the DWS shall report annually to the Governor
				  and the Legislature on the expenditures made from the WDTF in the preceding
				  fiscal year and the results of the activities funded by the WDTF.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 2 - PRE-HIRE ECONOMIC DEVELOPMENT TRAINING GRANTS › Section 2-1 - Authority

Current through July 13, 2024
The Department of Workforce Services (DWS) is authorized
				  under W.S. § 9-2- 2601 (c), W.S. § 9-2-2602(b) (ii), W.S. §
				  9-2-2602(b) (vi) and the Wyoming Administrative Procedures Act, W.S. §
				  16-3-101 et seq. to promulgate rules and regulations.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 2 - PRE-HIRE ECONOMIC DEVELOPMENT TRAINING GRANTS › Section 2-2 - Purpose

Current through July 13, 2024
Pre-Hire Economic Development Training Grants are available
				  to develop an industry specific workforce for a business, businesses or
				  industry when there is a shortage of skilled workers.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 2 - PRE-HIRE ECONOMIC DEVELOPMENT TRAINING GRANTS › Section 2-3 - Definitions

Current through July 13, 2024
(a) Emergency Medical Services Provider means
				any business or governmental entity whose primary role is planning for,
				providing response to, treatment of, or monitoring emergency medical care for
				those suffering illness or injury.
(b) Wyoming-based business means a business
				with a physical location in the state of Wyoming, and which employs Wyoming
				workers, provides goods or services with the state, or otherwise adds economic
				value to goods, services or resources within the state.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 2 - PRE-HIRE ECONOMIC DEVELOPMENT TRAINING GRANTS › Section 2-4 - Pre-Hire Economic Development Grants

Current through July 13, 2024
(a) Training Entity
				Eligibility
(i) The following Wyoming-based
				training entities are eligible to apply for training grants under this section:
(A) Industry associations;
(B) Trade unions;
(C) Private training entities;
(D) Community Colleges; and
(E) University of Wyoming.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 2 - PRE-HIRE ECONOMIC DEVELOPMENT TRAINING GRANTS › Section 2-5 - Annual Report

Current through July 13, 2024
The Director of DWS shall report annually to the Governor and
				  the Legislature on the expenditures made from the WDTF in the preceding fiscal
				  year and the results of the activities funded by the WDTF.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 3 - PRE-OBLIGATION OF WORKFORCE DEVELOPMENT TRAINING FUNDS › Section 3-1 - Authority

Current through July 13, 2024
The Department of Workforce Services (DWS) is authorized
				  under the DWS Act W.S. § 9 -
				  2 - 2602(d) and W.S. §
									
										9-2-2602(b)(vi) and the
				  Wyoming Administrative Procedures Act, W.S. §
									
										16-3-101, et seq. to promulgate rules and
				  regulations to be used by DWS in the discharge of its
				  functions.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 3 - PRE-OBLIGATION OF WORKFORCE DEVELOPMENT TRAINING FUNDS › Section 3-2 - Purpose

Current through July 13, 2024
The Pre-Obligation program provides a means for Wyoming
				  Economic Development Entities to request obligation of funding on behalf of
				  businesses for Workforce Development Training Fund (WDTF) grants to attract
				  business and industry to Wyoming. DWS may obligate funding under this chapter
				  when the funding shall be used to attract a new business to Wyoming as part of
				  an economic development initiative, or when an existing Wyoming business entity
				  is planning an expansion of its workforce.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 3 - PRE-OBLIGATION OF WORKFORCE DEVELOPMENT TRAINING FUNDS › Section 3-3 - Eligibility Requirements

Current through July 13, 2024
(a) The following
				Wyoming Economic Development Entities are eligible to apply for Pre- Obligation
				of WDTF program funding under this section:
(i) Local, regional, or state economic
				development organization;
(ii) City
				or town council;
(iii) County
				commission; and
(iv) Tribal
				council.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 3 - PRE-OBLIGATION OF WORKFORCE DEVELOPMENT TRAINING FUNDS › Section 3-4 - Application and Approval Process

Current through July 13, 2024
(a) The application
				to obligate funding under this section shall be:
(i) Completed by an eligible Wyoming Economic
				Development Entity listed in Section
				3(a) using the official DWS
				application form.
(ii) Submitted to
				DWS.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 3 - PRE-OBLIGATION OF WORKFORCE DEVELOPMENT TRAINING FUNDS › Section 3-5 - Limit on Funding

Current through July 13, 2024
The total application amount shall not exceed an amount
				  equivalent to two hundred (200) trainees multiplied by the maximum grant amount
				  limit for Business Training Grants for New Positions in effect at the time of
				  application approval.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 3 - PRE-OBLIGATION OF WORKFORCE DEVELOPMENT TRAINING FUNDS › Section 3-6 - Obligation Period

Current through July 13, 2024
(a) If funding is
				available, DWS may obligate the funds through contract for a six (6) month
				period.
(b) The obligation period
				may be extended for three (3) months upon the Department of Workforce Services'
				approval. Extensions shall be applied for by the Wyoming Economic Development
				Entity that submitted the original application, and shall include:
(i) A favorable recommendation by the Wyoming
				Economic Development Entity supporting the extension; and
(ii) Documented proof of significant progress
				of the business' efforts to locate or expand in the state.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 3 - PRE-OBLIGATION OF WORKFORCE DEVELOPMENT TRAINING FUNDS › Section 3-7 - Funding Cycle

Current through July 13, 2024
(a) Applicants for
				Pre-Obligation must successfully complete an application for either a Business
				Training Grant for New Positions, a Pre-Hire Training Grant, or a combination
				of both.
(b) Access to funding
				under this program shall be used specifically for:
(i) Payment under the terms of an executed
				contract for Business Training Grants for New Positions; or
(ii) Payment under the terms of an executed
				contract for a Pre-Hire Training Grant; or
(iii) Payment under the terms of a
				combination of executed contracts for Business Training Grants for New
				Positions and Pre-Hire Training Grants.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 3 - PRE-OBLIGATION OF WORKFORCE DEVELOPMENT TRAINING FUNDS › Section 3-8 - Annual Report

Current through July 13, 2024
The Director of DWS shall report annually to the Governor and
				  the Legislature on the applications and approvals made under this program in
				  the preceding fiscal year and the results of the activities subsequently funded
				  by the WDTF.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 4 - APPRENTICESHIP GRANTS › Section 4-1 - Authority

Current through July 13, 2024
The Department of Workforce Services (DWS) is authorized
				  under W.S. § 9-2-2601(d) and (g)(i), (ii) and (iv), and W.S. §
				  9-2-2604 to establish Apprenticeship Grants, and W.S. § 9-2-2602(b)(ii)
				  and (iv) and the Wyoming Administrative Procedures Act, W.S. § 16-3-101,
et seq
., authorizes DWS to promulgate rules and
				  regulations.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 4 - APPRENTICESHIP GRANTS › Section 4-2 - Purpose

Current through July 13, 2024
Apprenticeship Grants are available to Registered
				  Apprenticeship Programs, approved by the U.S. Department of Labor (US DOL)
				  Office of Apprenticeship (29 CFR § Parts 29 and 30). The purpose of this
				  funding is to develop an industry specific workforce for a business, businesses
				  or industry and to assist Wyoming Registered Apprenticeship Programs with the
				  costs and expenses of implementing the program and training the
				  apprentices.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 4 - APPRENTICESHIP GRANTS › Section 4-3 - Definitions

Current through July 13, 2024
(a)
				Apprentice means a worker who is at least sixteen (16) years of age, except
				where a higher minimum age standard is otherwise fixed by law, who is employed
				by a Wyoming-based business to learn an apprenticeable occupation under the
				standards of apprenticeship.
(b)
				Apprenticeship Program means a plan containing all terms and conditions for the
				qualification, recruitment, selection, employment and training of
				apprentices.
(c) Davis Bacon
				Certification means documentary evidence that the Office of Apprenticeship has
				approved and registered apprentices with the United States Department of Labor
				(DOL), Office of Apprenticeship.
(d) Registration of an apprenticeship program
				means the acceptance of recordings of such program by the Office of
				Apprenticeship as meeting the basic standards and requirements of US DOL for
				federal purposes.
(e) Related
				Technical Instruction (RTI) means an organized and systemic form of instruction
				designed to provide the apprentice with the knowledge of the theoretical and
				technical subjects related to the apprentice's occupation.
(f) Sponsor means any person, association,
				committee, organization or business operating an US DOL, Office of
				Apprenticeship registered apprenticeship program and in whose name the program
				is registered.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 4 - APPRENTICESHIP GRANTS › Section 4-4 - Apprenticeship Grants

Current through July 13, 2024
(a) Applicant Eligibility
(i) The following entities are eligible to
				apply for grants under this section:
(A)
				Wyoming-based sponsor(s) with US DOL, Office of Apprenticeship registered
				apprenticeship programs; and/or
(B)
				RTI provider associated with a Wyoming-based sponsor.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 4 - APPRENTICESHIP GRANTS › Section 4-5 - Annual Report

Current through July 13, 2024
The Director of DWS shall report annually to the Governor and
				  the Legislature on the expenditures made from the WDTF in the preceding fiscal
				  year and the results of the activities funded by the WDTF.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 5 - INTERNSHIP GRANTS › Section 5-1 - Authority

Current through July 13, 2024
The Department of Workforce Services (DWS) is authorized
				  under W.S. § 9-2-2601(d), W.S. § 9-2-2602(b)(vi), and the Wyoming
				  Administrative Procedures Act, W.S. § 16-3-101, et seq. to promulgate
				  rules and regulations.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 5 - INTERNSHIP GRANTS › Section 5-3 - Definitions

Current through July 13, 2024
(a)
				Applicant means any business proprietor or business entity physically located
				and operating in Wyoming that applies for an Internship Grant through
				DWS.
(b) Emergency Medical Services
				Provider means any business or governmental entity whose primary role is
				planning for, providing response to, treatment of, or monitoring emergency
				medical care for those suffering illness or injury.
(c) Intern is a student or trainee working in
				Wyoming, on a limited basis, at a trade or occupation in order to gain work
				experience. This does not include entrepreneurships, selfemployment, or
				registered apprentices.
(d)
				Internship is a designated opportunity to provide real-world work experience
				that enables the intern to gain skills that can be applied to future jobs.
				Internship terms are twelve (12) months or less.
(e) Preferred Industries are focused
				workforce areas that have been selected by industry partnerships associated
				with the Wyoming Workforce Development Council. Specific industries can be
				found at:
http://wyomingworkforce.org/businesses/wdtf/industries/
(f) Structured learning experience (SLE)
				means experiential, supervised, in- depth learning experiences that are
				designed to offer interns the opportunity to more fully explore career
				interests.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 5 - INTERNSHIP GRANTS › Section 5-4 - Business Internship Grants

Current through July 13, 2024
(a) Applicant Eligibility Requirements
(i) Must be a Wyoming based business or
				Wyoming non-profit organization;
(ii) No governmental entity as described in
				W.S. § 1-39-103(a)(i) and (ii), or person employed by a governmental
				entity is eligible for business internship grants except Wyoming county and
				memorial hospitals as defined by W.S. § 18-8-101(a)(i), and emergency
				medical service providers; and,
(iii) Internship grants will be limited per
				state fiscal year by the following:
(A) Up to
				six (6) internships, based on demonstrated business need, ability to offer
				quality work experience for each intern, and meeting the satisfaction of DWS
				review panel; and
(B) Businesses in
				a Wyoming-based Registered Apprenticeship Program may be eligible for up to ten
				(10) internships, based on demonstrated business need, ability to offer quality
				work experience for each intern prior to becoming a registered apprentice, and
				meeting the satisfaction of DWS review panel. The hours and work experience
				obtained by the intern can then be applied towards apprenticeship requirements
				if they become a registered apprentice, after the internship is
				completed.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0017 - Workforce Development Training Fund › Chapter 5 - INTERNSHIP GRANTS › Section 5-5 - Annual Report

Current through July 13, 2024
The Director of DWS shall report annually to the Governor and
				  the Legislature on the expenditures made from the WDTF in the preceding fiscal
				  year and the results of the activities funded by the WDTF.