OSHA penalties-3.

2015
STATE OF WYOMING
15LSO-0570
Numbered
2.1

HOUSE BILL

NO.

HB0236

OSHA penalties-3.

Sponsored by:
Representative(s) Throne and Senator(s) Craft

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; authorizing actions to enforce penalties and enjoin employers 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
‑
105(
a) by
creating a new paragraph (xvii) and (b)(ii)(C) and

27
‑
11
‑
107(b), (c) and (g)
are
amended to read:

27
‑
11
‑
105
.

Occupational health and safety commission; powers and duties of commission and department.

(a)

The department, in consultation with
the commission
, has the powers and is hereby charged with the duties:

(xvii)

To bring an action to enforce any lawful orders and collect any unpaid penalties against an employer failing to pay penalties as required by this act. The employer may also be enjoined by the department from engaging or continuing in business subject to this act until required payments are made and the employer otherwise complies with this act. All costs of the action including a reasonable attorney fee shall be paid by the employer against which the enforcement or injunction action is brought.

(b)

The commission has the following powers and duties:

(ii)

To promulgate, devise, formulate, adopt, amend, and repeal rules and regulations and to appoint advisory committees equally composed of employers and employees from the industries involved to assist and advise the commission:

(C)

The rules and regulations shall not be more stringent than corresponding federal rules and regulations
, except where specifically required by this act
. If there are no corresponding federal rules or regulations the commission may adopt applicable state rules and regulations.

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 ($5,000.00)
twelve
thousand dollars ($
12
,000.00)

nor more than
seventy thousand dollars ($70,000.00)

one hundred thousand dollars ($1
0
0,000.00)
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 fifty thousand dollars ($50,000.00) nor more than two hundred
fifty thousand dollars ($250,000.00) for the violation, except that for an employer with twenty
‑
five (25) or fewer employees the minimum penalty shall not be less than twenty
‑
five thousand dollars ($25,000.00) 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)
twelve thousand dollars ($12,000.00)

for the violation.

If the violation causes the death of an employee, the civil penalty amounts shall be increased to not less than twenty thousand dollars ($20,000.00) nor more than fifty thousand dollars ($50,000.00) for the violation, except that for an employer with twenty
‑
five (25) or fewer employees the minimum penalty shall not be less than 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)
twelve thousand dollars ($12,000.00)

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 twenty thousand dollars ($20,000.00) nor more than fifty thousand dollars ($50,000.00) for the violation, except that for an employer with twenty
‑
five (25) or fewer employees the minimum penalty shall not be less than ten thousand dollars ($10,000.00) for the violation.

Section
2
.

This
act is effective July 1,
2015
.

(END)

1
HB0236