053-11 Wyo. Code R. § 11-2

Current through April 27, 2019

Section 11-2 - Dissemination

(a) Information is processed by reproduction and is transferred only as accorded by Department policy. Any additional copying may be deemed a breach of confidence of the Department employee and subject them to disciplinary action.

(b) The "need to know" policy does not refer to anyone outside the Department unless stipulated on the document or unless authorized in the processing of such information.

• (i) If so authorized in writing by the individual, their legal representative may have copies of pertinent information contained in the file.

• (ii) If the case is contested, a Notice of Intent to Contest shall be forwarded to the Chairman of the Commission in accordance with Rules of the Department of Workforce Services, OSHA, Chapter 1 Practice and Procedure, Introduction and Chapter 6, Practice and Procedure: Informal Conferences, Hearings and Contested Cases.

(c) Information collected on an individual for a specific purpose may be used only for that purpose unless approval is given by the individual.

• (i) In the event of litigation, the court may subpoena the file.

(d) In the event copies are forwarded to other than the individual, a document indicating to whom the copies were sent shall be maintained in the file.

• (i) Copies of the Notice of Violation pertaining to a complaint must be sent to the employee or employee representative if the inspection was generated by a formal employee complaint and the issues of the complaint were found to be violations.

• (ii) The original Notice of Violation must be posted at the site of violation in accordance with Rules of the Department of Workforce Services, OSHA Chapter 4, Practice and Procedure: Recording, Reporting and Posting Requirements, for the purpose of employee notification. The Proposed Penalty, if applicable, need not be posted.

• (iii) The copy of the Notice of Violation maintained on file will be used as a source of statistical data. Such data shall be accessible to the U.S. Department of Labor. Individuals shall not be identified on these reports.

(e) The Department shall respond to requests for access to a record within a reasonable time period, not to exceed thirty (30) calendar days, specifying whether access will be granted and the time, place, and circumstances of access; or, if access cannot be accomplished and the reason why. The person requesting access may be accompanied by another person of their choosing or may be represented by another person with the requestor's written authorization. Access will be provided at the requestor's expense and at the cost provided in Section 3 of these rules.

(f) The Department shall allow an individual to physically handle all of the contents of a file that pertains to them, subject to the supervision of a Department employee and in a manner consistent with these rules. The individual shall not have access to information that would reveal the identity of any informant concerning the investigation or any inter-agency or intra-agency memorandums or letters which would not be available by law to a private party in litigation with the agency.

(g) Individuals have the right to receive copies of such records at their own expense at the rate set by the Department to cover the cost of copying and compiling the requested information. All requests are subject to a minimum of one (1) hour for research. See Section 3 of these rules.

(h) The Department may request appropriate identification of the inquirer to be presented at the time of access.

053-11 Wyo. Code R. § 11-2

Adopted, Eff. 1/29/2018.