OSHA penalties.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0263

HOUSE BILL
NO.
HB0096

OSHA penalties.

Sponsored by:
Representative(s) Throne, Burkhart and Craft and Senator(s) Burns, Martin and Rothfuss

A BILL

for

AN ACT relating to the Wyoming Occupational Health and Safety Act; providing for an increase in fines and civil penalties as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 27
‑
11
‑
107(b)
, (c),
(d)
and
(g) is amended to read:

27
‑
11
‑
107.

Penalty.

(b)

Any employer willfully and knowingly violating any of the provisions of this act, any safety and health standards, rules or regulations promulgated under this act or any existing rule or regulation governing the conditions
of employment promulgated by the commission may be assessed a civil penalty of not less than
five thousand dollars ($5,000.00) nor more than seventy thousand dollars ($70,000.00)
for each violation, provided that a lesser penalty may be imposed by the commission.
If the violation causes the death of an employee, the civil penalty amounts shall be increased to not less than
twenty-five
thousand dollars ($
2
5,000.00) nor more than
one
hundred
twenty-five
thousand dollars ($
125
,000.00) for the violation, except that for an employer with twenty-five (25) or fewer employees the minimum penalty shall not be less than
twelve
thousand
five hundred
dollars ($
12
,
5
00.00) for the violation.

(c)

Any employer violating any provision of this act, any health and safety standards or rules and regulations promulgated under this act or any existing rule or regulation governing the conditions of employment promulgated by the commission, the violation specifically determined to be of a serious nature, shall be assessed a civil penalty of not more than
seven thousand dollars ($7,000.00) f
or the violation.
If the violation causes the death of an employee, the civil penalty amounts shall be increased to not less than
ten
thousand dollars
($
1
0,000.00) nor more than
twenty-five
thousand dollars ($
25
,000.00) for the violation, except that for an employer with twenty-five (25) or fewer employees the minimum penalty shall not be
more
than ten thousand dollars ($10,000.00) for the violation.

(d)

Any employer violating any provision of this act, any health and safety standards or rules and regulations promulgated under this act or any existing rule or regulation governing the conditions of employment promulgated by the commission, the violation determined not to be of a serious nature, may be assessed a civil penalty of not more than
seven thousand dollars ($7,000.00) f
or each offense as noted in the notice of violation.
If the violation causes the death of an employee, the civil penalty amounts shall be increased to not less than ten thousand dollars ($10,000.00) nor more than twenty-five thousand dollars ($25,000.00) for the violation, except that for an employer with twenty-five (25) or fewer employees the minimum penalty shall not be more than ten thousand dollars ($10,000.00) for the violation.

(g)

Any employer who fails to correct a violation for which a notice of violation has been issued, which notice
of violation is not contested or appealed under W.S. 27
‑
11
‑
104 and 27
‑
11
‑
106, initiated by the employer, may be assessed a civil penalty of not more than
seven thousand dollars ($7,000.00)
for each day the failure or violation continues.
If the violation causes the death of an employee, the civil penalty amounts shall be increased to not less than ten thousand dollars ($10,000.00) nor more than twenty-five thousand dollars ($25,000.00)
per day
for the violation, except that for an employer with twenty-five (25) or fewer employees the minimum penalty shall not be more than ten thousand dollars ($10,000.00)
per day
for the violation.

Section 2.

This act is effective July 1, 2012.

(END)

1
HB0096