This year, Wyoming OSHA has been a little tough on employers requiring them to update their workplace “Health and Safety Protection on the Job” posting for the second time this year. The reason for the second Wyoming OSHA posting update is simple – Wyoming OSHA penalties have increased, again. To explain:
Wyoming is one of 26 states that operate their own occupational safety and health programs under a Federal OSHA-approved State Plan. Federal OSHA requires State Plan states to adopt safety and health standards that are at least as effective as Federal OSHA standards. This includes adopting a penalty structure that is 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 adjust their penalties every year.
New Penalty Limits for Wyoming OSHA Violations
Effective May 1, 2018, Wyoming adopted new penalty maximums for OSHA violations. Wyoming OSHA’s new penalty maximums are based on the type of violation, as follows:
| Type of Violation | New Maximum Penalty |
| Serious violation; Other-than-serious violation; or Posting requirement violation | $12,934 |
| Failure to correct violation | $12,934 |
| Willful or Repeated violation | $129,336 |
With Wyoming’s May 1st penalty increase, Wyoming’s penalty maximums are now the same as current Federal OSHA penalty maximums.
Wyoming OSHA Posting Update
For Wyoming employers, this recent penalty change means replacing the state’s previous Wyoming OSHA posting with a new version of the posting. What’s different about the new Wyoming OSHA posting is that the penalty rates were removed from the posting altogether. Instead, the revised Wyoming OSHA posting now includes a telephone number and website where the effective penalty rates can be obtained. This way, the Wyoming OSHA posting will not need to be updated each time penalties increase, as it has done in the past. Employers can simply check the of Administrative Rules of Practice and Procedure for current penalty rates.
Other Clarifications
A few other changes to the revised Wyoming OSHA posting include clarification that the Wyoming Department of Workforce Services, OSHA Division, has primary responsibility for administering the state’s Occupational Health and Safety Act. Also, there is a new notation that discrimination cases do not have a set number of days to issue a citation for protected activity. This is different from other violations which require a Citation and Notification of Penalty to be issued within 180 days following the occurrence of the violation. Finally, the posting clarifies that Wyoming employers may obtain free voluntary technical assistance, including courtesy visits without assessment of penalties, from the office of Technical Assistance Consultative Services.
Compliance
Employers can comply with the state’s posting requirement by purchasing a new Wyoming All-On-One Labor Law Poster or updating an existing Wyoming All-On-One Labor Law Poster with a Wyoming OSHA Peel ‘N Post. Please take a moment to ensure your labor law poster is up to date!