Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0014 - OSHA - Practice And Procedure › Chapter 1 - INTRODUCTION › Section 1-3 - Definitions

Current through July 13, 2024
(a) "Act" - means
				the Wyoming Occupational Health and Safety Act, W.S. §§
									
										27-11-101 through
				27-11-114.
(b) "Administrator" - means the Administrator
				of the Workers' Compensation Division or his representative(s).
(c) "Citation" - Please see "Notice of
				Violation".
(d) "Commission" -
				means the Occupational Health and Safety Commission.
(e) "Confidential" - refers to the status of
				certain personal information as privileged or private, available only to the
				data subject and/or certain specific subjects.
(f) "Consultant" - means an employee in the
				Consultation Section of Wyoming OSHA Division who provides
				consultation.
(g) "Consultation" -
				means all activities related to the provision of technical assistance,
				including offsite consultation and onsite consultation.
(h) "Court" - means a court of competent
				jurisdiction which can order dissemination of information or to hear appeals in
				contested cases.
(i) "Data
				Collection" - means the gathering of personal information by any means
				including but not limited to; surveys, inspections, investigations, forms and
				oral testimony.
(j) "Department" or
				"Agency" - means the Department of Workforce Services.
(k) "Department Representative" or "Agency
				Representative" - means any person authorized by the Department or State of
				Wyoming Occupational Health and Safety Commission to conduct inspections or any
				other routine activity of the Department.
(l) "Disseminate" - means to release,
				transfer or otherwise communicate information orally, in writing or by
				electronic means.
(m) "Employee" -
				means a person permitted to work by an employer in employment for wages, salary
				or commission.
(n) "Employee
				Representative" - means an employee or other person designated or selected by
				the employees of an establishment to represent said employees in exercising
				their rights under the Act.
(o)
				"Employer" - means any individual or organization including the State and all
				its political subdivisions, which has in its employ one or more individuals
				performing services for it in employment.
(p) "Employment" - means all services for pay
				as an employee.
(q) "Establishment"
				- means any place in or about which an employee shall perform work for the
				employer.
(r) "File" - means any
				aggregation of data gathered for a particular purpose and organized or indexed
				as a unit.
(s) "Financial" - means
				fiscal, relating to salary, benefits, profits and/or debts of an
				individual.
(t) "General Duty" -
				Each employer has the general duty to furnish to each of his employees, a place
				of employment which is free from recognized hazards that are causing or are
				likely to cause death or serious harm to his employees.
(u) "Hearing Officer" - means a member of the
				Wyoming State Bar, not a member of the Commission, the Department or the
				Attorney General who, under contract, hears contested cases, prepares findings
				of fact and conclusions of law, and recommended decisions for the Occupational
				Health and Safety Commission's consideration.
(v) "Imminent Danger" - Any conditions or
				practices in any place of employment which could reasonably be expected to
				cause death or serious physical harm immediately or before the imminence of
				such danger can be eliminated through the enforcement procedures otherwise
				provided by the Act.
(w)
				"Inspection" - means an audit of any property, premises, or place, except
				private residences, where persons are employed and work is performed by an
				employee for an employer, and includes any inspection conducted pursuant to a
				complaint filed, any re-inspection, follow-up inspection, accident
				investigation or other inspection conducted under W.S. §§
									
										27-11-108 and
				27-11-109.
(x) "Non-serious Violation" - A condition
				existing in a place of employment where an incident or occupational illness
				resulting from a violation of a rule, regulation or standard would probably not
				cause death or serious physical harm but which has a direct or immediate impact
				on the health and safety of employees.
(y) "Notice" - means the requirement that all
				individuals who are a part of a data system be informed of the initiation of a
				file on them or of any changes to an existing file.
(z) "Notice of Violation" - The document
				issued by the Department and sent to an employer alleging health and/or safety
				violation(s) of the Act, rule, regulation or order issued under the Act. Also
				referred to as "Citation".
(aa)
				"Party" - means each person or agency named in a Citation or Notice.
(bb) "Person" - means an individual,
				governmental agency, partnership, association, corporation, business, trust,
				receiver, trustee, legal representative or successor to any of the
				foregoing.
(cc) "Personal
				Information" - means all information that describes anything about an
				individual such as identifying characteristics, measurements, or test scores;
				evidences things done by or to an individual, such as records of financial
				transactions, medical treatments, or other services; any information that is or
				can be retrieved from a recordkeeping system by reference to the name, number,
				or some other identifying feature associated with the individual to whom the
				information pertains.
(dd)
				"Personal Information System" - means any method by which personal information
				is collected, stored, or disseminated by this agency.
(ee) "Personnel" - means personnel of the
				State of Wyoming Department of Workforce Services and Wyoming Occupational
				Health and Safety Division.
(ff)
				"Place of Employment" - means plant, premises, or any other place under control
				of the employer or about which an employee is permitted to work.
(gg) "Purge" - means the physical destruction
				of files, records or information.
(hh) "Repeated Violations" - means the
				subsequent violation of any rule, regulation, standard or order, or general
				duty where a Citation or Notice has previously been issued for
				violations.
(ii) "Serious
				Violation" - a serious violation exists in a place of employment if there is a
				probability that death or serious physical harm could result from a condition
				or from one or more practices, means, methods, operations, or processes which
				have been adopted or are in use, in such place of employment.
(jj) "State" - means the State of
				Wyoming.
(kk) "Subject" - means the
				person about whom information is collected and maintained.
(ll) "Trade Secrets" - a plan or process,
				tool, mechanism, or compound known only to its owner and those employees of the
				owner to whom it is necessary to confide it; a secret formula or process having
				commercial value.
(mm) "Working
				Day" - means Monday through Friday but shall not include Federal or State
				holidays. In computing 15 working days, the day of receipt of any Notice shall
				not be included, and the last day of the 15 working days shall be
				included.
(nn) "Willful Violation"
				- Willful violation means either an intentional violation of the Act or
				indifference to its requirements.