reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0013 - OSHA - Oil & Gas Well Services › Chapter 6 - EQUIPMENT › Section 6-8 - Pumping Units

Current through July 13, 2024
(a) The operator
				shall assure that after the pumping unit is turned off, the master control
				shall be locked in the "off" position, the brake set, and the means to secure
				the weights in a safe manner to prevent any movement of weights and/or beam is
				employed before servicing operations begin.
(b) Braking systems on all pumping units
				shall be maintained and kept in proper working order.
(c) A wire rope sling of sufficient strength
				shall be used to handle the horse's head if removal or installation is
				necessary. The head shall be secured after installation in accordance with
				manufacturer's specifications.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0013 - OSHA - Oil & Gas Well Services › Chapter 7 - SPECIAL OPERATIONS › Section 7-2 - Swabbing or Other Wire Line Operations

Current through July 13, 2024
(a) There shall be
				no person or employee the derrick or within 10 feet of the wellhead during the
				time the swab line or other wire line is being run in the hole.
(b) All oil savers shall be of the type that
				do not require an employee or person to be near the lubricator on wellhead to
				control the oil saver.
(c) All swab
				lines, blow down lines flow lines to pits or tanks shall be securely anchored.
				Whenever hydrocarbons or other volatile fluids may be expected these lines
				shall extend a minimum distance of 75 feet from the well.
(d) On wells where there is a possibility of
				flow, there shall be a lubricator in use that will allow the removal of the
				swab or other tools without turning the well loose to the atmosphere.
(e) There shall be no radio or radio-phone
				transmitters operated where there is a perforating in progress.
(f) Swabbing operations shall be restricted
				to daylight hours; (one-half (1/2) hour before sunrise to one-half (1/2) hour
				after sunset.)
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0013 - OSHA - Oil & Gas Well Services › Chapter 7 - SPECIAL OPERATIONS › Section 7-3 - Flare Pits and Flare Lines

Current through July 13, 2024
(a) When lighting a
				flare pit, the lighting shall be done from the upwind side. When there is no
				wind or the wind direction is uncertain, no attempt shall be made to light the
				pit unless the operator can position himself in an explosive-free area. The use
				of hand thrown rags or similar flaming objects is prohibited.
(b) There shall be a minimum of 120 feet from
				the well bore to the end of the flare line.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0013 - OSHA - Oil & Gas Well Services › Chapter 7 - SPECIAL OPERATIONS › Section 7-4 - Cementing

Current through July 13, 2024
(a) Specific requirements.
(i) A pressure test on pump discharge lines
				when squeeze cementing shall be made at 1,000 psi over the maximum pressure
				specified by customer for his well equipment.
(ii) All valves in discharge lines shall be
				checked to see that they are open before giving orders to pump.
(iii) During operations each employee
				designated to handle the pumping shall remain constantly at his designated
				position while the pump is in operation, unless relieved by an authorized
				employee as directed by the supervisor on that job.
(iv) Unauthorized persons shall remain at
				least 75 feet from all pumping operations and pressure testing
				operations.
(v) Cementing pressure
				shall not exceed the equipment's maximum safe working pressure.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0013 - OSHA - Oil & Gas Well Services › Chapter 7 - SPECIAL OPERATIONS › Section 7-6 - Safety Procedures for Fuel Tanks

Current through July 13, 2024
(a) Specific
				requirements.
(i) Except for the fuel in the
				tanks of the operating equipment, Class III liquids, and those with flashpoints
				higher than Class III liquids, no gasoline or other liquid fuel shall be stored
				within 75 feet of a well bore.
(ii)
				Propane or butane tanks shall be placed parallel to any side of the of the
				rig.
(iii) Tanks shall be properly
				marked to indicate their contents.
(iv) Piping and/or tubing for fuel tanks
				shall be protected against damage from vehicles by elevation, burying or other
				effective means.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0013 - OSHA - Oil & Gas Well Services › Chapter 8 - SAFETY PROCEDURES FOR BOILERS, AIR COMPRESSORS AND PRESSURE VESSELS › Section 8-1 - Boilers

Current through July 13, 2024
(a) Portable boiler used for rig heating
				shall be constructed, installed, operated, inspected and repaired to conform to
				the
Engineering Standards of ASME Boiler and Pressure Vessel Code,
				Sections I and VIII- 1971.
(b) All boilers, while in operation, shall be
				under the supervision of a competent crew member.
(c) If any defects are found in a boiler or
				appurtenant equipment, the equipment operator in charge shall be notified
				immediately by the boiler operator and immediate corrective action
				taken.
(d) The safety pressure
				relief valve and discharge end of exhaust pipes leading from boilers shall be
				located or placed in such a way as to prevent discharge from being released to
				the atmosphere where injury to any person or property may result.
(e) Steam boilers shall be located at least
				120 feet from the well bore when hydrocarbons or other volatile substances are
				in the well. (They should be located on the prevailing upwind side of the
				rig.)
(f) Each boiler shall be
				equipped with safety pressure relief valves set at a pressure not to exceed the
				working pressure of the boiler.
(g)
				Fuel valves shall not be located in front of the fuel burner, thus reducing
				potential of a burn in case of a flash-back.
(h) Ample lighting shall be provided so that
				water levels can be easily read.
(i) Boiler flues shall be kept reasonably
				clean at all times.
(j) Reclaimed
				water used in a boiler shall not be contaminated with crude or other
				oils.
(k) There shall be no valve
				at the discharge opening of a safety pressure relief valve, nor in the
				discharge pipe connected thereto.
(l) The safety pressure relief valve shall be
				connected as close to the boiler steam area as possible, with no valves and
				minimum piping between the safety pressure relief valve and the
				boiler.
(m) The piping on the
				discharge side of the safety pressure relief valve shall be properly secured
				and shall contain no valves.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0013 - OSHA - Oil & Gas Well Services › Chapter 8 - SAFETY PROCEDURES FOR BOILERS, AIR COMPRESSORS AND PRESSURE VESSELS › Section 8-2 - Safety Procedures for Air Compressors

Current through July 13, 2024
(a) Air compressors
				used or operated shall be constructed, installed, operated and repaired to
				conform to the
ASME Boiler and Pressure Vessel Code, Section
				VIII-1971.
(b) All air
				compressors, while in operation, shall be under the supervision of a competent
				employee.
(c) If any defects are
				found in the air compressors, receiver tank and/or appurtenant equipment, the
				equipment operator in charge shall be notified immediately and immediate
				corrective action taken.
(d) The
				safety pressure relief valve and discharge end of exhaust pipes leading from
				air compressors shall be located or placed in such a way as to prevent
				discharge from being released to the atmosphere where injury to any person or
				property may result.
(e) Safety
				pressure relief valves shall be inspected at frequent intervals by the
				equipment operator.
(f) Each air
				compressor shall be equipped with safety pressure relief valves set at a
				pressure not to exceed one working pressure of the receiver tank.
(g) Ample lighting shall be provided so that
				the gauges can be easily read.
(h)
				Fittings and pipe shall be properly installed and shall be capable of
				withstanding the discharge pressure of the compressor used.
(i) Emissions discharged from a safety
				pressure relief valve shall be piped to a place where they will not endanger
				employees.
(j) There shall be no
				valve in the discharge opening of a safety pressure relief valve nor in the
				discharge pipe connected thereto.
(k) The piping connected to the pressure side
				and discharge side of a safety pressure relief shall not be smaller than the
				normal pipe size opening.
(l) All
				air compressors shall have at least one (1) pressure control for proper air
				flow.
(m) The safety pressure
				relief valve on main air tank shall be checked periodically and kept in proper
				working order.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0013 - OSHA - Oil & Gas Well Services › Chapter 8 - SAFETY PROCEDURES FOR BOILERS, AIR COMPRESSORS AND PRESSURE VESSELS › Section 8-3 - Safety Procedures for Safety Pressure Relief Valves, Pumps, Fittings, Piping, Hoses and Pressure Vessels

Current through July 13, 2024
(a) All pressure
				vessels, safety pressure relief valves, pumps, fittings, piping and hoses shall
				be constructed, installed, operated, inspected and repaired to conform to
				the
ASME Boiler and Pressure Vessel Code, Section VIII -
				1971
.
(b) All power-driven
				pumps shall be equipped with a safety pressure relief valve and an operating
				gauge.
(c) The safety pressure
				relief valve shall be set to discharge at a pressure not in excess of the
				established working pressure of the pump, pressure vessel, pipe and
				fittings.
(d) A guard shall be
				placed around the shearing pin and spindle of a safety pressure relief
				valve.
(e) The emissions discharged
				from a safety pressure relief valve shall be piped to a place where they will
				not endanger employees.
(f) There
				shall be no valve between a pump and its safety pressure relief
				valve.
(g) There shall be no valve
				in the discharge opening of a safety pressure relief valve nor in the discharge
				pipe connected thereto.
(h) The
				piping connected to the pressure side and discharge side of a safety pressure
				relief valve shall not be smaller than normal pipe size opening of said
				valve.
(i) The piping on the
				discharge side of a safety pressure relief valve shall be properly
				secured.
(j) Clamps and safety
				cables shall be used to fasten the kelly hose at the standpipe end to the
				derrick and at the swivel end to the swivel housing.
(k) Discharge hoses under pressure shall be
				secured by clamps and safety cables or chains.
(l) All discharge lines (pressure lines)
				shall be placed so as not to be under any mobile equipment nor shall any mobile
				equipment be placed over any such lines.
(m) Fittings, hoses, pumps, pressure vessels,
				piping and safety pressure relief valves shall be properly installed and shall
				be rated to coincide with the discharge pressure of the pressure producing
				source.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0013 - OSHA - Oil & Gas Well Services › Chapter 9 - ACQUISITION OF REFERENCED STANDARDS › Section 9-1 - Standards Producing Organizations

Current through July 13, 2024
(a) The National
				Consensus Standards defined in Chapter I of these rules and regulations may be
				obtained from the organizations listed below:
(i)
American National Standards
				Institute (ANSI)
; 11 West 42nd Street; New York, NY. 10036.
(ii)
American Society of Mechanical
				Engineers (ASME)
; United Engineering Center; 345 E. 47th St.; New
				York, NY 10017.
(iii)
Society of Automotive Engineers, Inc. (SAE)
; 485 Lexington Avenue; New
				York, NY 10017.
(iv)
Institute of Makers of Explosives (IME)
; 420 Lexington Ave.; New York,
				NY 10022.
(v)
American
				Welding Society (AWS)
; 550 NW LeJuene Road, PO Box 351040, Miami, FL
				33135.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0013 - OSHA - Oil & Gas Well Services › Chapter 9 - ACQUISITION OF REFERENCED STANDARDS › Section 9-2 - Sources of Rules and Regulations

Current through July 13, 2024
(a) These rules and
				regulations have been compiled utilizing excerpts from and references to the
				following sources:
(i)
ANSI
				A11.1-1970 Practice for Industrial Lighting.
(ii)
ANSI B31.1.0-1967 Power
				Piping.
(iii)
ANSI C1(Rev. of 1971) National Electrical Code.
(iv)
AWS D1.0-66 Welding in Building
				Construction.
(v)
ANSI Z21.30-1964 Installation of Gas Appliances and Gas
				Piping.
(vi)
ASME
				Boiler and Pressure Vessel Code (1971).
(vii)
NFPA No. 30 (1972) Flammable
				and Combustible Liquids Code.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 1 - INTRODUCTION › Section 1-1 - Purpose and Scope

Current through July 13, 2024
(a) It shall be the
				purpose and scope of these Rules of Practice and Procedure to provide assurance
				that insofar as possible every working person within this State shall have safe
				and healthful working conditions free from recognized hazards:
(i) By providing the authority necessary to
				administer a complete occupational health and safety program.
(ii) By providing for the promulgation of
				health and safety rules, regulations and standards as necessary to protect
				businesses and occupations from accident or illness due to unsafe and/or
				unhealthy industrial environments.
(iii) By providing the means to grant
				variances to rules, regulations and standards promulgated, except that no
				variance may be granted to the Act, these Rules of Practice and Procedure and
				the Federal Recordkeeping Requirements.
(iv) By providing for the administration and
				enforcement of all rules, regulations and standards promulgated under the
				provisions of the State of Wyoming Occupational Health and Safety
				Act.
(v) By providing the necessary
				Rules of Practice and Procedure for the Right of Entry and
				Inspection.
(vi) By enforcing the
				Federal Occupational Safety and Health Administration (OSHA) Recordkeeping
				Requirements as well as those of the State.
(vii) By providing technical assistance and
				research in the field of occupational health and safety for the benefit and
				protection of employers and employees through voluntary compliance with rules,
				regulations and standards promulgated by the State.
(viii) By providing for an occupational
				health program.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 1 - INTRODUCTION › Section 1-2 - Authority

Current through July 13, 2024
The authority for these Rules of Practice and Procedure is
				  provided in the State of Wyoming Occupational Health and Safety Act, Wyoming
				  Statute §§
									
										27-11-101 through
				  27-11-114 and the Wyoming Public
				  Records Act, W.S. §
									
										16-4-201.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 2 - RULES AND REGULATIONS › Section 2-1 - Rules and Regulations

Current through July 13, 2024
(a) Authority. The
				Wyoming Occupational Health and Safety Commission (hereinafter referred to as
				the Commission) under the provisions of
				W.S.
				27-11-105 and
				27-11-106 of the Wyoming
				Occupational Health and Safety Act has the power to devise, formulate, adopt,
				amend, repeal and enforce rules and regulations promulgated in the interest of
				health and safety.
(b). General.
				Development of health and safety rules and regulations shall be through
				modification and adoption of applicable national occupational safety and health
				standards which have been adopted or promulgated by the American National
				Standards Institute (ANSI), the National Fire Protection Association (NFPA),
				the U.S. Department of Labor, Department of Transportation, and all other
				standards promulgated by other agencies
,
which are
				deemed appropriate and necessary. Such standards shall serve as reference and
				text in the development of the Wyoming Health and Safety Rules, Regulations and
				Standards. The Department shall research and catalog rules and regulations in
				preparation for review by the Commission. All rules and regulations shall be
				promulgated by the Commission in accordance with Section
				
										16-3-103 of the Wyoming Administrative
				Procedure Act, the rules of the Secretary of State and Commission policies.
(i) Pursuant to the Federal Occupational
				Safety and Health Act of 1970 Section 18(c)(2), the Department must develop
				safety and health standards that are at least as effective in providing safe
				and healthful employment and places of employment as federal
				standards.
(ii) W.S.
				W.S.
				27-11-105(b)(ii)(C) provides
				that the rules and regulations shall not be more stringent than corresponding
				federal rules and regulations. If there are no corresponding federal rules or
				regulations the commission may adopt applicable state rules and
				regulations.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 2 - RULES AND REGULATIONS › Section 2-2 - Emergency Rules and Regulations

Current through July 13, 2024
(a) Authority.
				Emergency rules and regulations may be promulgated by the Commission or
				Department pursuant to
				W.S.
				16-3-103(b).
(b) Commission Powers. The Commission may
				promulgate emergency rules and regulations under the following conditions:
(i) When new or unforeseen hazards arise that
				may be detrimental to the health or safety of the employee;
(ii) When, due to unforeseen circumstances or
				conditions, an existing rule, regulation or standard is declared
				ineffective.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 2 - RULES AND REGULATIONS › Section 2-3 - Applicability of Universal Rules and Regulations (Horizontal) and Specific Industry Rules and Regulations (Vertical)

Current through July 13, 2024
(a) Universal rules
				and regulations and all applicable standards issued thereunder shall apply to
				all employers and employees covered by the Act in all industries and places of
				employment, without exception, within the State of Wyoming.
(b) Specific industry rules and regulations
				shall be that rule or regulation which was promulgated specifically for the
				industry or occupational area involved. Specific industry rules and regulations
				and all applicable standards issued thereunder shall apply to all employers and
				employees who are engaged in or employed in the specific industry or
				occupational area.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 3 - ENFORCEMENT › Section 3-1 - General

Current through July 13, 2024
(a) The purpose of
				this Chapter is to prescribe rules and set forth policies for carrying out the
				abatement, complaint, inspection, inspection priority, written notice or
				citation, proposed penalty, and trade secret provisions of the Act.
(b) Where this Chapter sets forth broad
				policies rather than substantive or procedural rules, such policies may be
				modified in circumstances where the Department determines that an alternative
				course of action would better carry out the objectives of the Act.
(c) Enforcement shall be used only to obtain
				compliance with the Act and the rules, regulations and standards established
				under the Act.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 3 - ENFORCEMENT › Section 3-2 - Inspections

Current through July 13, 2024
(a) Any Department
				authorized representative may:
(i) Inspect at
				reasonable times any factory, plant, establishment, construction site, or other
				area, workplace or environment, except private residences, where work is
				performed by an employee of an employer;
(ii) Investigate during regular working hours
				and at other reasonable times, and within reasonable limits and in a reasonable
				manner, any such place of employment, and all pertinent conditions, structures,
				machines, apparatus, devices, equipment and materials therein;
(iii) Question privately any employer, owner,
				operator, agent or employee;
(iv)
				Review records required by the Act and regulations published in these Rules of
				Practice and Procedure; and,
(v)
				Inspect and review any other records which are directly related to the purpose
				of the inspection.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 3 - ENFORCEMENT › Section 3-4 - Inspection and Investigation Priority

Current through July 13, 2024
(a) General
				Requirements.
(i) Inspection and investigation
				priorities shall be established to effectively and efficiently utilize
				enforcement personnel. Unprogrammed activities such as fatalities,
				catastrophes, imminent danger complaints, and safety and health complaints
				shall have priority over programmed activities like targeted inspections and
				other industrial, governmental, and agricultural inspections.
(ii) Follow-up inspections will be considered
				within the basic priority activity which generated the requirement. For
				example, a follow-up inspection determined necessary as the result of a
				fatality investigation would be considered before those generated by complaint
				investigations. However, the seriousness and imminence of the hazard or
				condition requiring action must be considered.
(iii) All willful, repeat, and serious
				violations shall require follow-up inspections, unless positive proof of
				correction has been received. Positive proof consists of photos, videos,
				evidence of purchase or repair of equipment, invoices, receipts, records of
				training, etc.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 3 - ENFORCEMENT › Section 3-5 - Notice of Violation or Citation

Current through July 13, 2024
(a) After
				completion of an enforcement inspection, the Compliance Manager shall review
				the casefile and may consult with the Department representative. If, on the
				basis of the review, the Compliance Manager believes that the employer has
				violated the Act; rule, regulation or standard promulgated under the Act; or
				any rule published in these rules or practice and procedure, he may consult
				with the office of the Attorney General, and shall issue a Citation and
				Notification of Penalty to the employer. A citation shall be issued, even
				though after being informed of a violation by the Department representative the
				employer immediately abates, or initiates steps to abate, such violation. A
				citation shall be issued in all cases, whether the violation is determined to
				be imminent danger, serious, or nonserious. Any citation shall be issued with
				reasonable promptness after termination of the inspection. No citation may be
				issued after the expiration of one hundred eighty (180) days following the
				occurrence of any violation.
(b)
				Any citation shall describe with particularity the nature of the alleged
				violation, including a reference to the provision(s) of the Act, rules,
				regulations, standards or order violated. Any citation shall also fix a time or
				times for the abatement of the alleged violation, except that in case of
				imminent danger it shall be abated immediately.
(c) When a citation is issued for a violation
				alleged in an employee complaint, a copy of the citation pertaining to the
				specific violation alleged to exist shall be sent to the employee or
				representative of employees who made such complaint or notification.
(d) After an inspection, if the Compliance
				Manager determines that a citation is not warranted with respect to a danger or
				violation alleged to exist in a request for inspection or a notification of
				alleged violation he shall respond to the complainant.
(e) Every citation shall state that the
				issuance of a citation does not constitute a judgment that a violation of the
				Act; rule, regulation or standard promulgated under the Act; or any rule
				published in these rules or practice and procedure has occurred; and that the
				employer shall have the right to contest any violation, penalty or abatement
				period and the employee shall have the right to contest the abatement
				period.
(f) Citations shall be
				prominently posted at or near the site of violation and shall remain posted
				until all violations cited therein are corrected, or for a period of three (3)
				working days, whichever is longer.
(i) If due
				to the nature of the operation it is not possible to post the citation at or
				near the site of violation, the citation shall be posted in a conspicuous place
				where notices to employees are normally posted.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 3 - ENFORCEMENT › Section 3-6 - Penalties

Current through July 13, 2024
(a) The authority
				for penalties is provided in Wyoming. Statutes §§
									27-11-107 and 27- 11-108 of the
				Act.
(b) The Department adopts the
				penalties, assessed after January 15, 2023, for Wyo. Stat. §
									27-11-107(b)-(d), (f) and
				(g) as found at:
https://www.osha.gov/penalties
(i) Willful violation. The penalty per
				willful violation under Section
				17(a) of the Act,
				29 U.S.C.
				666(a), shall not be less
				than $11,162 and shall not exceed $156,259.
(ii) Repeated violation. The penalty per
				repeated violation under Section
				17(a) of the Act,
				29 U.S.C.
				666(a), shall not be less
				than $11,162 and shall not exceed $156,259.
(iii) Serious violation. The penalty for a
				serious violation under Section
				17(b) of the Act,
				29 U.S.C.
				666(b), shall not be less
				than $1,116 and shall not exceed $15,625.
(iv) Other-than-serious violation. The
				penalty for an other-than- serious violation under Section
				17(c) of the Act,
				29 U.S.C.
				666(c), shall not exceed
				$15,625.
(v) Failure to correct
				violation. The penalty for a failure to correct a violation under Section
				17(d) of the Act,
				29 U.S.C.
				666(d), shall not exceed
				$15,625 per day.
(vi) Posting
				requirement violation. The penalty for a posting requirement violation under
				Section 17(i)
				of the Act, 29 U.S.C.
				666(i), shall not exceed
				$15,625.
(vii) This rule does not
				include any later amendments or editions of the incorporated matter.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 3 - ENFORCEMENT › Section 3-7 - Trade Secrets

Current through July 13, 2024
(a) All information
				reported to or otherwise obtained by the Department or its representative in
				connection with any inspection or proceeding under the Act which contains or
				which might reveal a trade secret shall be considered confidential for the
				purpose of this section, except that such information may be disclosed to other
				officers or employees concerned with carrying out the Act or when relevant in
				any proceeding under the Act. In any such proceeding the OSHA Deputy
				Administrator or the court shall issue such orders as may be appropriate to
				protect the confidentiality of trade secrets.
(b) No Department representative shall
				publish, divulge, disclose or make known in any manner or to any extent not
				authorized by law any information coming to him in the course of his employment
				or official duties or by reason of any examination or investigation made by, or
				return, report or record made to or filed with such Department representative
				thereof, which information concerns or relates to the trade secrets, processes,
				operations, style of work, or apparatus, or to the identity, confidential
				statistical data, amount or source of any income, profits, losses, or
				expenditures of any person, firm, partnership, corporation, or association, or
				permit any income return or copy thereof or any book containing any abstract or
				particulars thereof to be seen or examined by any individual except as provided
				by law.
(c) At the commencement of
				an inspection, the employer may identify areas in the establishment which
				contain or which might reveal a trade secret. If the Department representative
				has no clear reason to question such identification, information obtained in
				such areas, including all negatives and prints of photographs, and
				environmental samples, shall be labeled "confidential-trade secret" and shall
				not be disclosed except as provided by law.
(d) Upon the request of an employer, any
				authorized representative selected to accompany the Department representative
				during an inspection in an area containing trade secrets shall be an employee
				whose normal duty requires that he be in that area or an employee authorized by
				the employer to enter that area. Where there is no such representative or
				employee, the Department representative shall consult in private with a
				reasonable number of employees who work in that area to determine conditions
				pertaining to health and safety.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 5 - VARIANCES › Section 5-1 - General

Current through July 13, 2024
(a) Authority. The authority for variances is
				provided in the Act at
				W.S.
				27-11-111.
(b) Effect of Variances. All variances
				granted under this Chapter shall be in effect only from the date, stated in the
				variance. No variance from a rule, regulation or standard may be issued to an
				employer for which a Citation and Notification of Penalty is pending, or has
				been received by that employer until the completion of any and all proceedings
				concerning the Citation and Notification of Penalty.
(c) Public Notice. Upon granting a variance
				under this Chapter, the Department shall give notice through the public media
				which states the final action and specifies the alternative to the rule,
				regulation or standard permitted by the particular variance.
(d) Variance Application. Any application and
				other supporting papers shall be legible and each application or other paper
				filed under this Chapter shall bear the original signature of the person filing
				it, his attorney, or any other authorized representative.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 5 - VARIANCES › Section 5-2 - Application for Variance

Current through July 13, 2024
(a) Application for
				variance. Any employer, or class of employers, desiring a variance from a rule,
				regulation or standard, or portion thereof, authorized by
				W.S.
				27-11-111, may file a written application
				containing the information specified in paragraph (b) of this section with the
				Program Manager.
(b) Contents. An
				application filed for a permanent or temporary variance pursuant to paragraph
				(a) of this subsection shall include:
(i) The
				name and address of the applicant;
(ii) The address of the place or places of
				employment involved;
(iii) A
				statement that the applicant has informed his affected employees of th
				application by giving a copy thereof to their authorized representative, or
				posting, at the place or places where notices to employees are normally posted;
				a statement giving a summary of the application, and specifying where a copy
				may be examined and information concerning the employee's right to petition the
				Commission or Department for a hearing, and by other appropriate
				means.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 5 - VARIANCES › Section 5-3 - Amendment or Repeal of Variances

Current through July 13, 2024
(a.) Amendment or
				repeal.
(i) An affected employer or an
				affected employee may apply in writing to the Commission or the Program Manager
				for an amendment or repeal of a variance issued under
				W.S.
				27-11-111. The application shall contain:
(A) The name and address of the
				applicant;
(B) A description of the
				relief sought;
(C) A statement
				setting forth with particularity the grounds for the relief;
(D) If the applicant is an employer, a
				certification that the applicant has informed his affected employees of the
				application by:
(I) Giving a copy thereof to
				their authorized representative;
(II) Posting at the place or places where
				notices to employees are normally posted, a statement giving a summary of the
				application and specifying where a copy of the full application may be examined
				(or in lieu of the summary, posting the application itself);
(III) Notifying employees of the right to
				petition the Commission or the Department for a hearing;
(E) If the applicant is an affected employee,
				a certification that a copy of the application has been furnished to the
				employer; and
(F) Any request for a
				hearing, as provided in this Chapter.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 5 - VARIANCES › Section 5-4 - Action on Applications

Current through July 13, 2024
(a) Defective
				applications.
(i) If an application filed
				pursuant to Section
				2. of this Chapter does not conform to this
				Section, the Commission or the Program Manager shall deny the
				application.
(ii) Prompt notice of
				the denial of an application shall be given applicant.
(iii) Notice of denial shall include, or be
				accompanied by, a brief statement of the grounds for denial.
(iv) A denial of an application pursuant to
				this Section shall be without prejudice to the filing of another
				application.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 6 - INFORMAL CONFERENCES, HEARINGS & CONTESTED CASES › Section 6-1 - General

Current through July 13, 2024
(a) The purpose of this Chapter is to
				prescribe rules and set forth policies for informal conferences, hearings, and
				contested cases.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 6 - INFORMAL CONFERENCES, HEARINGS & CONTESTED CASES › Section 6-2 - Informal Conferences

Current through July 13, 2024
(a) At the request
				of an affected employer, employee or representative of employees, the Program
				Manager may hold an informal conference for the purpose of discussing issues
				raised by an inspection.
(i) If the informal
				conference is requested by the employer, the issues may include the inspection,
				violations, proposed penalties, abatement dates or his intent to file a Notice
				of Contest. An affected employee or his representative may be afforded an
				opportunity to participate, at the discretion of the Program Manager.
(ii) If the informal conference is requested
				by an employee or his representative, the issues may include the inspection,
				violations, the abatement dates or his intent to file a Notice of Contest. The
				employer may be afforded an opportunity to participate, at the discretion of
				the Program Manager.
(iii) Any
				party may be represented by counsel at the informal conference.
(iv) The informal conference or a request for
				an informal conference shall not operate as a stay of the 15 working day period
				allowed for filing a Notice of Contest.
(v) Disposition of an issue may be effected
				at or following an informal conference if the specific issue is not under
				contest at the time of disposition.
(vi) An informal conference may be held at
				any time prior to a formal hearing.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 6 - INFORMAL CONFERENCES, HEARINGS & CONTESTED CASES › Section 6-3 - Contested Cases

Current through July 13, 2024
(a) Employer and
				employee contests to the Commission.
(i) Any
				employer to whom a Citation and Notification of Penalty has been issued may,
				notify the Program Manager in writing that he intends to contest a violation,
				abatement period or proposed penalty written in the Citation and Notification
				of Penalty. A notice of contest shall be postmarked within fifteen (15) working
				days of receipt of the Citation and Notification of Penalty by the employer.
				Every notice of contest shall specify whether it concerns the violation, the
				abatement period or the proposed penalty for a violation or all
				inclusive.
(ii) Any employee or
				representative of employees of an employer to whom a Citation and Notification
				of Penalty has been received may, file a written notice with the Program
				Manager alleging that the period of time fixed in the Citation and Notification
				of Penalty for the abatement of the violation is unreasonable. Such notice
				shall be postmarked within fifteen (15) working days of the receipt by the
				employer of the Citation and Notification of Penalty. In discrimination cases,
				the employee shall have the right to contest the terms of the abatement as well
				as the time allowed for abatement. The employee shall also have the right to
				appeal a decision of the Commission for judicial review.
(A) The procedures for employee contest or
				appeal of the above cited cases shall be the same as that provided the
				employer.
(iii) The
				Chairman of the Commission shall require that action be taken to provide for an
				independent hearing officer to hear the contested case.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 6 - INFORMAL CONFERENCES, HEARINGS & CONTESTED CASES › Section 6-4 - Finality of Enforcement Action

Current through July 13, 2024
(a) As provided for
				in W.S.
				27-11-106(c), "In contested
				cases where no appeal has been taken from the decision of the commission within
				the time provided for such an appeal, the Commission shall adopt the decision
				and order the department and employer to act in accordance with the decision.
				Any state district court may enforce Commission orders issued in that county
				after a hearing where no appeal has been taken. The United States district
				court for Wyoming (if it otherwise has jurisdiction) may also enforce any
				Commission order."
(b) When a
				violation of the Act, or any rule or regulation promulgated under the Act, is
				found to exist, a Citation and Notification of Penalty shall be
				issued.
(c) When the employer does
				not contest the violation, the proposed penalty or the abatement period, within
				the fifteen (15) working days, the employer may abate the violation and enter
				into a stipulation and consent agreement with the Compliance Supervisor or the
				Attorney General or his representative for payment of any penalties to the
				County Treasurer of the county in which the violation occurred.
(d) At the end of the fifteen (15) working
				day period, when no letter of contest, no letter of abatement or intent to
				abate, or no notification of settlement of the proposed penalty is received,
				the Program Manager shall notify the Chairman of the Commission. The Chairman
				or his designee shall issue a motion for final order to the employer advising
				the employer that the case file will be forwarded to the court for the
				institution of legal proceedings to enforce the commission orders unless the
				employer shall appear at the hearing, and show cause.
(i) In these cases, and in cases where no
				letter of abatement is received, a follow-up inspection shall be scheduled as
				necessary to assure compliance with the Act.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 6 - INFORMAL CONFERENCES, HEARINGS & CONTESTED CASES › Section 6-5 - Request for Hearing

Current through July 13, 2024
(a) Any company,
				labor organization, association, person or persons who is entitled to a hearing
				under the Act shall file a request for hearing with the Program
				Manager.
(b) A request for hearing
				shall be in writing and contain the following:
(i) Name, address and telephone number of
				person requesting the hearing.
(ii)
				Employer's name and address, if any.
(iii) Position with company of person
				requesting the hearing.
(iv) Type
				of hearing requested (variance, rule, regulation or standard, or contest of
				notice of violation, proposed penalty and/or abatement period) and relevant
				facts to show cause for requesting the hearing.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 6 - INFORMAL CONFERENCES, HEARINGS & CONTESTED CASES › Section 6-6 - Legal Authority to Hold a Hearing

Current through July 13, 2024
(a) The authority
				to hold a hearing in a contested case is found at
				W.S.
				27-11-104(g).
(b) The authority to hold a hearing on rules,
				regulations and standards is in W.S.
				W.S.
				27-11-106(a).
(c) The authority to hold a hearing on
				variance requests is in W.S.
				W.S.
				27-11-111(c).
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 6 - INFORMAL CONFERENCES, HEARINGS & CONTESTED CASES › Section 6-7 - Notice of Hearing

Current through July 13, 2024
(a.) Service. Upon
				request for a hearing the Program Manager shall serve, or cause to be served, a
				notice of hearing.
(b) Contents.
				The notice of hearing shall include:
(i) The
				time, place and nature of the hearing.
(ii) The legal authority and jurisdiction
				under which the hearing is to be held.
(iii) The particular sections of the statutes
				and rules involved.
(iv) A short
				statement of the matters asserted.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 6 - INFORMAL CONFERENCES, HEARINGS & CONTESTED CASES › Section 6-8 - Manner of Service

Current through July 13, 2024
Service of any document upon any party may be made by
				  personal delivery or by certified mailing a copy of the document to the last
				  known address of the party. The individual serving the document shall certify
				  to the manner and the date of service.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 6 - INFORMAL CONFERENCES, HEARINGS & CONTESTED CASES › Section 6-9 - Hearing Officer; Powers and Duties in Contested Case Hearings

Current through July 13, 2024
(a) Powers. The person retained by the
				Department to preside over a hearing shall have all powers necessary or
				appropriate to conduct a fair, full and impartial hearing, including the
				following:
(i) To administer oaths and
				affirmations;
(ii) To issue
				subpoenas;
(iii) To rule upon
				offers of proof and receive relevant evidence;
(iv) To provide for discovery and to
				determine its scope;
(v) To
				regulate the course of the hearing and the conduct of the parties and their
				counsel;
(vi) To hold conferences
				for the settlement or simplification of the issues by consent of the
				parties;
(vii) To consider and rule
				upon procedural requests;
(viii) To
				make, or cause to be made, an inspection of the employment or place of
				employment involved;
(ix) To take,
				or cause to be taken, depositions;
(x) To make recommended decisions to the
				Commission; and
(xi) To take any
				other appropriate action authorized by the Act, this chapter, or the
				Administrative Procedure Act (W.S. 16- 3-101 through
				
											16-3-115 ).
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 6 - INFORMAL CONFERENCES, HEARINGS & CONTESTED CASES › Section 6-10 - Prehearing Conferences; Contested Case Hearing

Current through July 13, 2024
(a)
				Convening a prehearing conference. Upon his own motion or the motion of a
				party, the hearing officer may direct the parties or their counsel to meet to
				consider:
(i) Simplification of the
				issues:
(ii) Necessity or
				desirability of amendments to documents for purposes of clarification,
				simplification or limitation;
(iii)
				Stipulations. admissions of fact, and contents and authenticity of
				documents:
(iv) Limitation of the
				number of parties and witnesses: and
(v) Such other matters as may tend to
				expedite the proceeding.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 6 - INFORMAL CONFERENCES, HEARINGS & CONTESTED CASES › Section 6-11 - Consent Findings and Rules or Orders in Contested Case Hearings

Current through July 13, 2024
(a) General. At any time before the
				introduction of evidence in any contested case hearing, or during any such
				hearing, a reasonable opportunity may be afforded to permit negotiation by the
				parties of an agreement containing consent findings and a rule or order
				disposing of the whole or any part of the proceeding. Such opportunity and the
				duration thereof shall be at the discretion of the hearing officer, after
				consideration of the nature of the proceeding, the requirements of the public
				interest, the representations of the parties, and the probability of an
				agreement which will result in a just disposition of the issues
				involved.
(b) Contents. Any
				agreement containing consent findings or orders disposing of a proceeding shall
				also provide:
(i) That the finding or order
				shall have the same force and effect as if made after a full hearing;
(ii) That the entire record on which any
				finding or order may be based shall consist solely of the application and
				agreement;
(iii) A waiver of any
				further administrative procedural steps; and
(iv) A waiver of any right to challenge or
				contest the validity of the findings and of the rule or order made in
				accordance with the agreement.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 6 - INFORMAL CONFERENCES, HEARINGS & CONTESTED CASES › Section 6-12 - Discovery in Contested Cases

Current through July 13, 2024
(a) Discovery
				rights. Discovery rights under this chapter shall be as provided in W.S.
				16.3.107.