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Ex. DUT-WY-014 Standing duty Primary source read

Wyo. Stat. Ann. 27-11-102, 27-11-105, 27-11-106 and 27-11-107

27-11-102. Declaration of policy. 27-11-105. Occupational health and safety commission; powers and duties of commission and department. 27-11-106. Enforcement and administration. 27-11-107. Penalty.

Wyoming Legislature (Wyo. Stat. Title 27, ch. 11, Wyoming Occupational Health and Safety Act); administered by the Department of Workforce Services, Wyoming OSHA (WYOSHA), and the Occupational Health and Safety Commission · Wyoming (State)

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The record

Jurisdiction
Wyoming
Level
State
Authority
Wyo. Stat. Ann. 27-11-101 to 27-11-114 (Wyoming Occupational Health and Safety Act); OSHA-approved State plan under 29 U.S.C. 667
Effective
standing
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • employers (every private and public employer in Wyoming); employees (27-11-105(b)(vii))
Character
workplace duty
Collection
Standing duties: Wyoming DUT-WY

Operative words

(A) Each employer shall furnish to his employees, a place of employment and employment which are free from recognized hazards that are causing or that are likely to cause death or serious physical harm; (B) Each employer shall comply with occupational safety and health standards, rules, regulations and orders issued pursuant to this act.

Penalty

27-11-107(a): willful and knowing violation causing an employee's death, fine to $10,000 or imprisonment to six months, or both ($20,000 and one year on a second conviction); (b)-(d): civil penalties for willful, serious and other violations in amounts set by Commission rule, 'no greater than the corresponding federal penalty... under the Occupational Safety and Health Act, 29 U.S.C. § 666' (j); (g): per-day penalty for failure to correct

What it required

Every employer must furnish a place of employment free from recognized hazards likely to cause death or serious physical harm and must comply with the standards, rules and orders under the Act (27-11-105(b)(vi)); the Act's declared policy is that 'the prevention of accidents and occupational diseases and abiding by rules and regulations are the responsibility of both the employer and the employee' and that it reaches 'everyone who works in private or public employment' (27-11-102(a)(i), (vi)); the Department 'shall enforce and administer this act' (27-11-106) and may institute 'appropriate civil or criminal actions' (27-11-105(a)(xvi)).

Retrieval note

27-11-105(b)(ii)(C): Commission rules 'shall not be more stringent than corresponding federal rules and regulations'. Wyoming's general duty is the State-law counterpart of 29 U.S.C. 654(a)(1) and is enforced by WYOSHA, not federal OSHA, in Wyoming workplaces. The Act had no COVID-19 content of its own; the hazard it addressed was defined during the six quarters by the Department of Health's orders and the federal OSHA guidance WYOSHA circulated (DUT-WY-015 to -017).