053-3 Wyo. Code R. § 3-3
(a) Any employee or representative of employees who believes that a violation of the Act or rule, regulation or standard promulgated under the Act, exists in any workplace where such employee is employed may request an inspection of such workplace by written notice of complaint to the Department. Any such notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the employee or representative of employees. A copy shall be provided the employer or his agent by the Department representative no later than at the time of the inspection, except that, upon request of the employee or his representative giving such notice, his name and the names of individual employees referred to therein shall not appear in such copy or on any record published, released, or made available by the Department; in cases of alleged violation constituting imminent danger, the Compliance Manager may waive the requirements of written notice.
(b) If upon receipt of such notification the Compliance Manager determines that the complaint meets the requirements set forth in subsection a. of this Section, and that there are reasonable grounds to believe that the alleged violation exists, he shall cause an inspection to be made as soon as practicable, to determine if such alleged violation exists. Inspections under this section may exceed matters referred to in the complaint.
(c) During, or prior to, any inspection of a workplace, any employee or representative of employees employed in such workplace may notify the Department representative of any violation of the Act which they have reason to believe exists in such workplace.
(d) If the Department representative determines that an inspection is not warranted because there are no reasonable grounds to believe that an alleged violation or danger exists with respect to a complaint, he shall notify the complaining party in writing of such determination. The complaining party may obtain review of such determination by submitting a written statement of position to the OSHA Deputy Administrator. Upon request of the complaining party, the OSHA Deputy Administrator may hold an informal conference in which the complaining party may present his views. After considering all written and oral views presented, the OSHA Deputy Administrator shall affirm, modify, or reverse the determination of the Department representative and furnish the complaining party a written notification of his decision and reasons. The decision of the OSHA Deputy Administrator shall be final and not subject to further review.
(e) If the Compliance Manager determines that an inspection is not warranted because the requirements of this section have not been met, he shall notify the complaining party in writing of such determination. Such determination shall be without prejudice to the filing of a new complaint meeting the requirements of this section.
(f) Whenever and as soon as the Department representative concludes that conditions or practices exist in any place of employment which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by the Act, he shall inform the affected employees and employers of the danger and require the employer to cease operations immediately in order to eliminate such danger. If the employer does not cease operations to eliminate the danger, the Department, with concurrence of the Attorney General, may take action to restrain the employer from continuing operations where an imminent danger condition exists. Appropriate citations and notices of proposed penalties may be issued with respect to an imminent danger even though, after being informed of such danger by the Department representative, the employer immediately eliminates the imminence of the danger and initiates steps to abate such danger.
(g) Complaints from individuals other than current employees or their representatives.
053-3 Wyo. Code R. § 3-3
Amended, Eff. 5/16/2017.
Amended, Eff. 12/12/2017.
Amended, Eff. 5/1/2018.