Statutes, codes, and regulations
Wyoming Administrative Code
Agency 053 - Workforce Services, Department ofSubagency 0014 - OSHA - Practice & Procedure
Chapter 11 - INFORMATION DISSEMINATION
Section 11-1 - Classification of Information

053-11 Wyo. Code R. § 11-1

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Current through April 27, 2019
Section 11-1 - Classification of Information

(a) Any open case may be subject to an order by the Commission to any district court for enforcement action pursuant to Wyoming Statute § 27-11-106(a). Prior to the time a case is closed, the investigatory file of that case will not be released to any person not connected with the Department and authorized by the Administrator in accordance with Wyoming Statute § 16-4-203(b)(i), which allows denial of inspection of any record that is an investigatory file compiled for any law enforcement or prosecution purpose.

(b) Once the Notice of Violation is completed and penalties are proposed, if applicable, the original Notice of Violation and Proposed Penalties shall be forwarded to the employer and handled in accordance with the procedures prescribed in Chapter 3, Practice and Procedure: Enforcement.

  • (i) Statistical data (e.g., number of violations noted, proposed penalty, etc.) broken out by the North American Industry Classification System (NAICS) shall be available through the Integrated Management Information System. Individuals shall not be identified in these statistics.

(c) A case is considered closed when a consent agreement signed by the Employer has been entered into the investigation file; the case has been referred to a hearing officer for contested case proceedings, all citations have been vacated, the citations have not been contested and a Final Order of the Commission or court has been rendered, or, if no citation will be issued. Following closure of the case, that portion of the file that includes trade secrets, personal identity or statements protected by informant's privilege, intra-agency notes and memorandum, personal notes and opinions of the investigating officer, and other confidential information, may not be released, in accordance with W.S. § 16-4-203(b)(v) and W.S. § 16-4-203(d)(v), except as provided in Section 1(d) of this Chapter.

(d) All information on individuals maintained by this Department shall remain confidential except in the following disclosures:

  • (i) To officers or employees who have a clearly established need for the record in order to carry out legal duties of administering or enforcing the laws of the federal government, the State of Wyoming, or any of its political subdivisions.
  • (ii) To another governmental agency for civil or criminal law enforcement activity, providing the regulating agency has made a prior written request to this Department specifying the particular record and the enforcement activity for which it is sought.
  • (iii) To other agencies or organizations with the authorization of the Administrator unless the transfer is part of the "routine use" of the record as enumerated or implied in the Department's statutes or regulations.
  • (iv) To a recipient who has provided the Department with written assurance that the record will be used in a manner solely for statistical research and the record is to be transferred in a form that is not individually identifiable.
  • (v) To the individual to whom the record pertains or to their designated representative(s) upon written request.
  • (vi) To a court of competent jurisdiction upon order to this Department.

053-11 Wyo. Code R. § 11-1

Adopted, Eff. 1/29/2018.