Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0009 - OSHA - Information Practices › Chapter 1 - GENERAL › Section 1-3 - Definitions

Current through July 13, 2024
As used in these rules, unless the context clearly requires
				  otherwise, the following definitions shall apply:
(a) Access - a way or means of approaching,
				obtaining, using, etc.; the ability to obtain the information contained in a
				record.
(b) Act - means the Wyoming
				Occupational Health and Safety Act, Sections
										27-11-101 through
				27-11-114, W.S. 1977, as amended
				(1986 Cum. Supp.).
(c)
				Administrator - means the Health and Safety Administrator of the State of
				Wyoming Occupational Health and Safety Department or designee.
(d) Commission - means the State of Wyoming
				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 specified subjects.
(f) Court - means a court of competent
				jurisdiction which can order dissemination of information or to hear appeals in
				contested cases.
(g) Data
				Collection - means the gathering, of personal information by any means,
				including surveys, inspections, investigations, forms and oral
				testimony.
(h) Department - means
				the Wyoming Occupational Health and Safety Department. (Also
				"Agency")
(i) Department
				Representative - means a person authorized by the State of Wyoming Occupational
				Health and Safety Commission to conduct inspections or any other routine
				activity of the Department.
(j)
				Disseminate - means to release, transfer, or otherwise communicate information
				orally, in writing or by electronic means.
(k) Employee - means a person permitted to
				work by an employer in employment for wages, salary or commission.
(l) 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.
(m) Establishment -
				means any place in or about which an employee shall perform work for the
				employer.
(n) File - means any
				aggregation of data gathered for a particular purpose and organized or indexed
				as a unit.
(o) Financial - means
				fiscal, relating to salary, benefits, profits, and/or debts of an
				individual.
(p) Hearing Officer -
				means a member of the Wyoming State Bar, not a member of the Commission, the
				Department, or the Office of the Attorney General who, under contract, hears
				contested cases, and prepares findings of fact, conclusions of law, and
				recommended decision for the Occupational Health and Safety Commission's
				consideration.
(q) Inspection -
				means any inspection of any property, premises, or place except private
				residences where persons are employed, where work is performed by an employee
				for an employer, and includes any inspection conducted pursuant to a complaint
				filed, any reinspection, followup inspection, accident investigation or other
				inspection conducted under Sections 27 - 11108 and
				
										27-11-109 of the Act.
(r) Interest - means a right or claim to
				something; share of participation in something; advantage, welfare, benefit;
				importance; concern.
(s) 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 in an existing
				file.
(t) Notice of violation -
				means a notice sent to an employer alleging by the department health and/or
				safety violations of the Act or any rule, regulation or order issued under the
				Act. Also referred to as "citation".
(u) Person - means an individual,
				governmental agency, partnership, association, corporation, business, trust,
				receiver, trustee, legal representative or successor to any of the
				foregoing.
(v) 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.
(w) Personal Information
				System - means any method by which personal information is collected, stored,
				or disseminated by this agency.
(x)
				Personnel - means personnel of the State of Wyoming Occupational Health and
				Safety Department.
(y) Purge -
				means the physical destruction of files, records or information.
(z) Rules of Practice and Procedure - means
				the Wyoming Occupational Health and Safety Commission and Department Rules of
				Practice and Procedure.
(aa) State
				- means the State of Wyoming.
(bb)
				Subject - means the person about whom information is collected and
				maintained.
(cc) 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.