Overview

• Initial Approval:  May 3, 1974 (39 FR 15395)
• State Plan Certification: December 30, 1980 (45 FR 85739)
• 18(e) Final Approval: June 27, 1985 (50 FR 26558), amended on January 17, 1997 (62 FR 2564), June 9, 2000 (65 FR 36628), and June 29, 2006 (71 FR 36990)

The Wyoming Occupational Safety and Health Administration (Wyoming OSHA) is part of the Wyoming Department of Workforce Services. The main office is located in Cheyenne.

Coverage

The Wyoming State Plan applies to private sector workplaces in the state with the exception of:

1. Employment at Yellowstone National Park;
2. Maritime employment, including shipyard employment, marine terminals, and longshoring;
3. Contract workers and contractor-operated facilities engaged in United States Postal Service (USPS) mail operations;
4. Employment on the Warren Air Force Base;
5. Employment at the U.S. Department of Energy's Naval Petroleum and Oil Shale Reserve in Casper;
6. Employment at private-sector hazardous-waste disposal facilities designated as Superfund sites;
7. The enforcement of the field sanitation standard (29 CFR 1928.110) and the enforcement of the temporary labor camps standard (29 CFR 1910.142) with respect to any agricultural establishment where workers are engaged in "agricultural employment" within the meaning of the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1802(3) – regardless of the number of workers – including workers engaged in hand packing of produce into containers, whether done on the ground, on a moving machine, or in a temporary packing shed, except that Wyoming OSHA retains enforcement responsibility over agricultural temporary labor camps for workers engaged in egg, poultry, or red meat production, or the post-harvest processing of agricultural or horticultural commodities; and
8. All working conditions of aircraft cabin crewmembers onboard aircraft in operation.

In addition, any hazard, industry, geographical area, operation, or facility over which Wyoming OSHA is unable to effectively exercise jurisdiction for reasons not related to the required performance or structure of the plan shall be deemed to be an issue not covered by the final approved plan and subject to federal enforcement. Wyoming OSHA covers state and local government workers, but does not cover federal government employers including USPS. Federal OSHA covers the issues not covered by the Wyoming State Plan except that the Wage and Hour Division of the U.S. Department of Labor enforces the field sanitation standard and the temporary labor camps standard where Wyoming OSHA has not retained authority. Federal OSHA retains enforcement of the anti-retaliation provision of the Occupational Safety and Health Act of 1970, Section 11(c), 29 USC 660(c), with respect to the private sector. Wyoming OSHA investigates private and state and local government workplace retaliation cases under a provision analogous to Section 11(c).

A brief summary of the Wyoming State Plan is included in the Code of Federal Regulations (CFR) at 29 CFR 1952.18. Federal OSHA retains the authority to promulgate, modify, or revoke occupational safety and health standards under Section 6 of the OSH Act. In the event that federal OSHA resumes enforcement, those federal standards will be enforced. Federal OSHA also retains the authority to monitor the State Plan under Section 18(f) of the OSH Act.

State Plan Standards and Regulations

Wyoming OSHA adopts all federal OSHA standards identically except for Subpart A of 29 CFR Part 1910 and Subparts A and B of 29 CFR Part 1926, which have been reworded to reflect the Wyoming Occupational Health and Safety Act. New standards are promulgated by Wyoming OSHA within six months of promulgation by the Secretary of Labor. Under the Wyoming Occupational Health and Safety Act, Wyoming OSHA cannot adopt standards that are more stringent than corresponding federal standards, but can adopt standards where there are no corresponding federal OSHA standards. Wyoming has unique standards that cover oil and gas well drilling, servicing, and special servicing, as well as an anchor standard. OSHA does not have corresponding standards in these areas. Wyoming OSHA has adopted the federal recordkeeping and reporting regulations.

Enforcement Programs

Wyoming OSHA is responsible for the enforcement of occupational safety and health standards. The Wyoming Rules of Practice and Procedure provide guidance for both the enforcement and consultation programs. Compliance officers inspect workplaces for hazardous conditions and issue citations where violations of occupational safety and health standards are found. Inspections may be the result of regular scheduling, imminent danger reports, fatalities, worker complaints or referrals. Inspections in Wyoming are scheduled for high-hazard industries using worker compensation rates or through Local Emphasis Programs or the University of Tennessee Dodge Report System. More information on enforcement in Wyoming can be found on the Wyoming State Plan website.

Voluntary and Cooperative Programs

Wyoming offers free safety and health assistance to Wyoming employers upon request through the voluntary on-site consultation program. Consultation services include safety and health program assistance, courtesy on-site hazard surveys, and safety and health training on a variety of subjects covering general industry, construction, and the oil and gas industry. For more information about these programs and other services available, please visit the Wyoming State Plan website.

Informal Conferences and Appeals

Informal conferences are conducted in the Wyoming OSHA office in an effort to resolve cases. If a citation is contested, the case is heard by an independent hearing officer who issues a recommended decision which is reviewed by the Occupational Safety and Health Commission. The commission makes the final decision concerning contested cases. Parties may appeal the decision to a state district court. Decisions of the state district courts may be appealed to the Wyoming Supreme Court.