Administrative Rule Review Report  #AR09-019

Legislative Service Office

3-Apr-09

AGENCY: Department of Employment, Workers' Safety, OSHA.

DATE SUBMITTED: March 26, 2009.

SUBJECT: General Rules 1910 and Construction Rules 1926.

NATURE OF RULES:                     Legislative and procedural.

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 removing redundant references and correcting a reference to building industry standards.  The amendment also clarifies that non-compliance with safety equipment and safety training requirements may result in multiple, per-employee violations.

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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Lynda C. Cook

Staff Attorney

GWL/