Statutes, codes, and regulations
Wyoming Administrative Code
Agency 053 - Workforce Services, Department ofSubagency 0014 - OSHA - Practice & Procedure
Chapter 2 - RULES AND REGULATIONS
Section 2-1 - Rules and Regulations

053-2 Wyo. Code R. § 2-1

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Current through April 27, 2019
Section 2-1 - Rules and Regulations

(a) Authority. The Wyoming Occupational Health and Safety Commission (hereinafter referred to as the Commission) under the provisions of W.S. 27-11-105 and 27-11-106 of the Wyoming Occupational Health and Safety Act has the power to devise, formulate, adopt, amend, repeal and enforce rules and regulations promulgated in the interest of health and safety.

(b) . General. Development of health and safety rules and regulations shall be through modification and adoption of applicable national occupational safety and health standards which have been adopted or promulgated by the American National Standards Institute (ANSI), the National Fire Protection Association (NFPA), the U.S. Department of Labor, Department of Transportation, and all other standards promulgated by other agencies, which are deemed appropriate and necessary. Such standards shall serve as reference and text in the development of the Wyoming Health and Safety Rules, Regulations and Standards. The Department shall research and catalog rules and regulations in preparation for review by the Commission. All rules and regulations shall be promulgated by the Commission in accordance with Section 16-3-103 of the Wyoming Administrative Procedure Act, the rules of the Secretary of State and Commission policies.

  • (i) Pursuant to the Federal Occupational Safety and Health Act of 1970 Section 18(c)(2), the Department must develop safety and health standards that are at least as effective in providing safe and healthful employment and places of employment as federal standards.
  • (ii) W.S. W.S. 27-11-105(b)(ii)(C) provides that the rules and regulations shall not be more stringent than corresponding federal rules and regulations. If there are no corresponding federal rules or regulations the commission may adopt applicable state rules and regulations.

(c) Development, review and revision.

  • (i) The Commission may appoint advisory committees equally composed of employers and employees from the industries involved to assist and advise the Commission.
  • (ii) State health and safety rules and regulations shall be reviewed as needed and revised as necessary.
  • (iii) In the development of health and safety rules and regulations, the Commission shall take into consideration recognized and accepted national standards and codes, recognized industrial standards or similar, in whole or in part, but shall not be limited exclusively to these.

(d) The Commission shall adopt, amend or repeal applicable rules, regulations and standards as they are adopted, amended or repealed y the U.S. Department of Labor, unless there is good cause not to adopt, amend or repeal.

  • (i) The time for adoption, amendment or repeal shall not exceed six months from the effective date of said standard, except for good cause.

053-2 Wyo. Code R. § 2-1