SF0061 Occupational Health and Safety Act-civil penalties.

Official Summary Text

Summary for LSO115

Bill No.:
SF0061
Effective
:
Multiple dates, see below

LSO No.:
16LSO-0249

Enrolled Act No.:
SEA No. 0040

Chapter No.:
66

Prime Sponsor:
Joint Labor, Health & Social Services Interim Committee

Catch Title:
Occupational Health and Safety Act-civil penalties.

Subject:
Setting of Occupational Health and Safety Act civil penalties by rule and regulation

Summary/Major Elements:

Curren
tly, Wyoming Statutes specify the amount of civil penalties
the Occupational Health and Safety Commission
may impose for certain violations of the Occupational Health and Safety Act.

These civil penalties are based on the corresponding
penalties for like violations
under the federal
Occupational Safety and Health Act.

This act allows the Commission to set the civil penalty amounts through rule and regulation, up to the amount of the corresponding federal penalty.

Comments
:

Section 2 of this act, relating to the Occupation
al Health and Safety Commission’
s rulemaking authority, is effective immediately.

This allows the Commission to promulgate rules prior to July 1, 2016, when the remainder of the act goes into effect.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill
.

Current Bill Text

Read the full stored bill text

ORIGINAL
Senate
File No
.
SF0061

ENROLLED ACT NO. 40,

SENATE

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2016 Budget Session

AN ACT relating to labor and employment; providing for penalties for certain violations of the Wyoming Occupational Health and Safety Act to be set by rule and regulation; granting rulemaking authority; and providing for effective dates.

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

Section
1
.

W.S. 27
‑
11
‑
107(b)
through (d), (f)
,
(g)
and by creating a new subsection (j)

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 commissio
n
in
an amount determined by the commission pursuant to subsection (j) of this section for each 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)
for the violatio
n
in
an amount determined by the commission pursuant to subsection (j) of this section
.

(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
)
in
an amount determined by the commission pursuant to subsection (j) of this section

for each offense as noted in the notice of violation.

(f)

Any employer who violates any of the posting requirements, as prescribed under the provisions of this act, may be assessed a civil penalty
of up to seven thousand dollars ($7,000.00
)
in
an amount determined by the commission pursuant to subsection (j) of this section

for each 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
)
in
an amount determined by the commission pursuant to subsection (j) of this section

for each day the failure or violation continues.

(j)

Unless otherwise specified in this section, t
he commission shall through rule and regulation set the
civil
penalty amounts
to be imposed
under subsections (b) through (d), (f) and (g) of this section. The amount of the
civil
penalty shall
b
e no greater than the corresponding federal penalty
for the specified violation as
promulgated under the Occupational Safety and Health Act, 29 U.S.C. § 666
,
and shall
includ
e
any adjustments made to the penalty under
the Federal Civil Penalties Inflation Adjustment
Act Improvements Act of 2015
, 28 U.S.C. § 2461
.

Section 2
.

T
he occupational health and safety commission
may exercise its
authority to develop and promulgate the rules required by this act,
upon the effective date of this section.

Section 3
.

(a)

Section 2 of
this
act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(b)

Except as provided in subsection (a) of this section
,
t
his act is effective July 1, 2016.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
Senate
.

Chief Clerk

1

Occupational Health and Safety Act-civil penalties.

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Official Summary Text

Current Bill Text