Administrative Rule Review Report  #AR08-028

Legislative Service Office

31-Mar-08

AGENCY: Department of Employment, Workers' Compensation Division.

DATE SUBMITTED: March 21, 2008.

SUBJECT: General Rules 1910 Subpart I and Construction Rules 1926 Subpart E.

NATURE OF RULES:                     Legislative.

STATUTORY AUTHORITY:         W.S. 27-11-105, 106.

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:              Apparently complete to date.

SUMMARY OF RULES:       The Department of Employment administers the Wyoming Occupational Health and Safety Act.  W.S. 27-11-105(b)(ii)(C) requires that the state program's rules be no more stringent than corresponding federal OSHA rules.  The purpose of this amendment is to align state general rules and construction rules with amended federal rules by specifying that required safety equipment shall be provided to employees at the employer's expense, with specified exceptions.

FINDINGS:     The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Gerald W. Laska

Staff Attorney

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David K. Gruver

Assistant Director

GWL/