Wyoming is one of 26 states that operate their own OSHA programs under a Federal OSHA-approved State Plan. Federal OSHA requires State Plan states to adopt occupational safety and health standards that are at least as effective as Federal OSHA standards. This includes adopting a penalty structure that is at least as effective as Federal OSHA’s penalty structure. Because Federal OSHA adjusts its penalties every year for inflation, this means that State Plan states must increase their penalties every year for inflation.
As a State Plan state, Wyoming OSHA (WYOSHA) adjusts its penalties every year based on the inflation-adjusted penalty amounts contained in the federal regulation at the time of its rulemaking. Current WYOSHA penalty amounts are as follows:
- Serious violation – up to $12,675
- Non-serious violation – up to $12,675
- Failure to timely abate – up to $12,675
- Willful violations – up to $126,749
Wyoming Poster Update
Wyoming’s “Health and Safety Protection on the Job” OSHA workplace posting has been revised to reflect the Wyoming OSHA penalty increase. Wyoming employers are required to post this notice effective immediately. (29 CFR 1903.2) All other Wyoming mandatory workplace postings are current. Therefore, employers that already have a Wyoming All-On-One™ poster or Mobile Poster Pak™ can update with the 2018 Wyoming OSHA Peel ‘N Post™. The 2018 Wyoming All-On-One Poster and the 2018 Wyoming Mobile Poster Pak also include the revised posting.
Wyoming OSHA Proposed Rulemaking
Although Wyoming adjusts its penalties every year, it still lags behind Federal OSHA penalty amounts announced on January 2, 2018. Presently, Wyoming OSHA is considering a proposed rule that would increase WYOSHA penalty maximums to the 2018 Federal OSHA penalty maximums. The Wyoming OSHA Commission is inviting public comments on the proposal until March 28, 2018. Written comments can be submitted to: Wyoming Workers’ Compensation Division, ATTN: Administrator, 1510 East Pershing Boulevard, Cheyenne, WY 82002 (307) 777-7672 or via email to: [email protected].