(a) As used in these rules and regulations, unless the context clearly requires otherwise: - (i) "Act" means the State of Wyoming Occupational Health and Safety Act, as amended 1992.
- (ii) "Administrator" means the Administrator of the Workers' Safety and Compensation Division.
- (iii) "ANSI" means American National Standards Institute.
- (iv) "Approved" means sanctioned, endorsed, accredited, certified, or accepted by a duly constituted and recognized authority or agency.
- (v) "ASTM" means American Society or Testing and Materials.
- (vi) "ASME" means American Society of Mechanical Engineers.
- (vii) "Authorized Person" means a person approved or assigned by the employer to perform a specific type of duty or duties or to be at a specific location or locations at the job site.
- (viii) "Combustible liquid" means an liquid having a flashpoint at or above 100° F. (37.8°) (See "Flashpoint" Definition-(20)). Combustible liquids shall be divided into classes as follows:
- (A) "Class II liquids" shall include those with flash-points at or above 100°F. (37.8°C) and be 140°F. (60°C.), except any mixture having components with flashpoints of 200°F. (93.3°C.) or higher, the volume of which make up 99 percent or more of the total volume of the mixture. Example: Stoddard Solvent, Fuel Oil No. 2.
- (B) "Class III liquids" shall include those with flash-points at or above 140°F. (60°C.) Class III liquids are subdivided into two sub-classes:
- (I) "Class IIIA liquids" shall include those with flashpoints at or above 140°F. (60°C.) and below 200°F. (93.3°C.), except any mixture having components with flashpoints of 200°F. (93.3°C.) or higher, the total volume of which make up 99 percent or more of the total volume of the mixture. Example: Fuel Oil No. 6.
- (II) "Class IIIB liquids" shall include those with flashpoints at or above 200°F. (93.3°C). Example: Ethylene Glycol (Anti-freeze).
- (A) When a combustible liquid is heated for use to within 30°F. (l6.7°C.) of its flashpoint, it shall be handled in accordance with the requirements for the next lower class of liquids.
- (ix) "Commission" means the State of Wyoming Occupational Health and Safety Commission.
- (x) "Competent Person" means one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous or dangerous to employees and who has authorization to take prompt corrective measures to eliminate them or who can recommend directly to persons in authority that such corrective measures be taken.
- (xi) ""Contractor" means any person and/or employer (see definition of "person" and/or "employer") who contracts all or any part of oil and gas well drilling.
- (xii) "Sub-Contractor" means any person and/or employer (see definition of person and/or employer) who contracts to perform any part of oil and gas well servicing from a contractor.
- (xiii) "Defect" means any characteristic or condition which tends to weaken or reduce the strength of a tool, object or structure of which it is a part, beyond the recognized operating limitations of the tool, object or structure.
- (xiv) "Department" means the Department of Employment.
- (xv) "Employee" means a person permitted to work by an employer in employment for wages, salary or commission.
- (xvi) "Employer" means any individual or organization including the State and all its political subdivisions which has in its employ one or more individuals performing services for it in employment.
- (xvii) "Employment" means all services for pay under a contract for hire.
- (xviii) "Established Federal Standard" means any operative standard established byPublic Law 91-596, the Williams-Steiger Act, which applies to all business, including the Oil and Gas Well Servicing Industry, in effect on or before date of promulgation of these rules and regulations.
- (xix) "Flammable Liquid" means any liquid having a flashpoint below 100°F. (37.8°C.), except any mixture having components with flash-points of 100°F. (37.8°C.) or higher, the total of which make up 99 percent or more of the total volume of the mixture. Flammable liquids shall be known as Class I liquids. Class I liquids are divided into three classes as follows:
- (A) Class IA shall include liquids having flashpoints below 73°F. (22.8°C.) and having a boiling point below 100°F. (37.8°C.). Example: LPG.
- (B) Class IB shall include liquids having flashpoints below 73°F. (22.8°C.) and having a boiling point at or above 100°F. (37.8°C.). Example: Acetone, Methyl Ethyl Ketone.
- (C) Class IC shall include liquids having flashpoints at or above 73°F. (22.8°C.) and below 100°F. (37.8°C.). Example: Turpentine.
- (xx) "Flashpoint" means the minimum temperature at which a liquid gives off vapor within a test vessel in sufficient concentration to form an ignitable mixture with air near the surface of the liquid and shall be determined as follows:
- (A) For a liquid which has a viscosity of less than 45 SUS at l00°F. (37.8°C.), does not contain suspended solids, and does not have a tendency to form a surface film while under test, the procedure specified in the Standard Method of Test for Flashpoint by Tag Closed Tester (ASTM D-56-70) shall be used.
- (B) For a liquid which has a viscosity of 45 SUS or more at l00°F. (37.8°C.), or contains suspended solids or has a tendency to form a surface film while under test, the Standard Method of Test for Flashpoint by Pensky-Martens Closed Tester (ASTM D-93-71) shall be used, except that the methods specified in Note 1 to Section 1.1 of ASTM D-93-71 may be used for the respective materials specified in the Note.
- (C) For a liquid that is a mixture of compounds that have different volatilities and flashpoints, its flashpoint shall be determined by using the procedure specified in paragraph (20) (A) or (B) of this section on the liquid in the form it is shipped. If the flashpoint, as determined by this test, is 100°F (37.8°C.) or higher, an additional flashpoint determination shall be run on a sample of the liquid evaporated to 90 percent of its original volume, and the lower value of the two tests shall be considered the flashpoint of the material.
- (D) Organic peroxides, which undergo auto accelerating thermal decomposition, are excluded from any of the flashpoint determination methods specified in this subparagraph.
- (xxi) "Guarded" means covered, shielded, fenced, enclosed, or otherwise protected by means of suitable covers or casings, barrier rails, safety bars, or screens, to eliminate the possibility of accidental contact with, or dangerous approach by, persons or objects.
- (xxii) "Hazard" means any occupational condition or circumstance which is likely to cause death, injury or illness.
- (xxiii) "Hazardous Substance" means a substance which, by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritating or otherwise harmful, is likely to cause occupational death, injury or illness.
- (xxiv) "Hospitalization" means admitted to the hospital for treatment for a period of twenty-four (24) hours or more.
- (xxv) "Moving Parts" means gears, sprockets, revolving shafts, clutches, belts, pulleys, or other revolving or reciprocating parts that are attached to, or form an integral part of a machine.
- (xxvi) "National Consensus Standard" means any standard or modification thereof which:
- (A) Has been adopted and promulgated by any nationally recognized standards-producing organization under procedures whereby it can be determined by the Secretary of Labor or by the Assistant Secretary of Labor that persons interested and affected by the scope or provisions of the standard have reached substantial agreement on its adoption;
- (B) Was formulated in a manner which afforded an opportunity for diverse views to be considered; an
- (C) Has been designated as such a standard by the Secretary or the Assistant Secretary, after consultation with other appropriate Federal agencies.
- (xxvii) "Person" means an individual, governmental agency, partnership, association, corporation, business , trust, receiver, trustee, legal representative or successor to any of the foregoing.
- (xxviii) "Personal fall arrest system" means a system used to arrest an employee in a fall from a working level. It consists of an anchorage, connectors, a body harness, and may include a lanyard, deceleration device, lifeline, or suitable combinations of these.
- (xxix) "Place of Employment" means plant, premises, or any other place where directed by the employer or about which an employee is permitted to work.
- (xxx) "Power Transmission" means equipment such as shafting, gears, belts, pulleys, or other parts used for transmitting power to the machine.
- (xxxi) "Qualified" means one who by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training and experience has successfully demonstrated ability to solve or resolve problems relating to the subject matter, the work or the project.
- (xxxii) "Safety Factor" means the ratio of the ultimate breaking strength of a member or piece of material or equipment to the actual working stress.
- (xxxiii) "Secretary" means the Secretary of the U. S. Department of Labor.
- (A) May be referred to as the Assistant Secretary.
- (xxxiv) "Shall" means mandatory.
- (xxxv) "Should" means recommended.
- (xxxvi) "Standard" means a standard which requires conditions, or the adoption or use of one or more practices, means, methods, operations or processes reasonably necessary or appropriate to provide safe or healthful employment and places of employment in the Oil and Gas Well Servicing Industry.
- (xxxvii) "Suitable" means that which fits, and has the qualities or qualifications to meet a given purpose , occasion, condition, function or circumstance.
- (xxxiii) "Suitable anchor" means that it is capable of supporting at least 5,000 pounds per employee attached or shall be designed, installed, and used as follows:
- (i) as part of a complete personal fall arrest system which maintains a safety factor of at least two; and
- (ii) under the supervision of a qualified person.
- (xxxix) "Supervisor" means a person who has been given the control, direction and/or supervision of work performed by one or more employees.
- (xl) "Variances" means exception to promulgated standards, rules and regulations. As stated in the Act 27-11-111 --Variances, "Any person affected by this Act may request a variance to any standard, rule or regulation promulgated under this Act."
- (xli) "Well" means a hole in the ground:
- (A) made, or being made, by drilling, boring, or in any other manner, and from which oil or gas is obtained, or is obtainable; or is for the purpose of attempting to obtain oil or gas;
- (B) made or being made, by drilling or boring for the purpose of obtaining water to inject to an underground formation;
- (C) used, drilled or being drilled for the purpose of injecting gas, air, water or other substance to an underground formation;
- (D) which is a test-hole, excluding seismic drilling; or
- (E) drilled, or being drilled, for any other purpose than listed above using equipment and machinery normally used for oil and gas well servicing.
- (xlii) "Well Operator" means an individual or organization who has the responsibility, management, and general control of an oil or gas well as lessee, sub-lessee, owner or assignee.
- (xliii) "Well servicing" means any action or work other than the original drilling of the well, related, but not limited to, the completion, recompletion, down hole maintenance, or termination of the well.