§ 27-11-105 — Occupational health and safety commission; powers and duties of commission and department

(a) The department, in consultation with the commission,
has the powers and is hereby charged with the duties:
(i) Repealed by Laws 1990, ch. 63, §§ 2, 3.
(ii) To develop and formulate, a comprehensive
program for the prevention, control and abatement of unsafe and
unhealthy working conditions and to direct state agencies and
their staffs to compile statistics, do research, do
investigation and any other duties where practical, possible and
not inconsistent with the purposes of this act;
(iii) To assure that all agencies and their staffs
shall comply with directives of the commission in regard to
occupational health and safety;
(iv) To cooperate, as specified in W.S. 27-2-105 and
in section 24(a) of Public Law 91-596 in the collection,
compilation and analysis of data relative to the occurrence of
occupational injuries and illnesses;
(v) To compile statistics and to require such reports
as may be needed to aid in accomplishing this purpose;
(vi) To do research on the causes and methods of
preventing occupational diseases and accidents;
(vii) To promote accident prevention and occupational
disease prevention programs and to provide consultative and
educational assistance;
(viii) Repealed by Laws 1990, ch. 63, §§ 2, 3.
(ix) Repealed by Laws 1990, ch. 63, §§ 2, 3.
(x) To select or give emphasis to those areas and
segments of the business and industrial community which need the
concentrated attention and assistance of the commission and its
employees;
(xi) Repealed by Laws 1990, ch. 63, §§ 2, 3.
(xii) To enter into agreements with agencies of the
United States government for assistance, cooperation and
enforcement of safety laws and to accept funds from such federal
agencies for the purpose of carrying out any of the provisions
of this act;
(xiii) Repealed by Laws 1990, ch. 63, §§ 2, 3.
(xiv) Repealed by Laws 1990, ch. 63, §§ 2, 3.
(xv) Repealed by Laws 1990, ch. 63, §§ 2, 3.
(xvi) To institute or cause to be instituted
appropriate civil or criminal actions to enforce the provisions
of this act and the rules and regulations promulgated under this
act.
(b) The commission has the following powers and duties:
(i) To prescribe rules of practice and procedure;
(ii) To promulgate, devise, formulate, adopt, amend,
and repeal rules and regulations and to appoint advisory
committees equally composed of employers and employees from the
industries involved to assist and advise the commission:
(A) All rules and regulations shall be reviewed
as needed and revised as necessary. Such review would be under
the same procedures as the original establishment of the rules
and regulations;
(B) The standards set by rule and regulation by
the commission shall take into consideration recognized and
accepted national codes, recognized industrial standards or
similar, in whole or in part, but shall not be limited
exclusively to these;
(C) The rules and regulations shall not be more
stringent than corresponding federal rules and regulations. If
there are no corresponding federal rules or regulations the
commission may adopt applicable state rules and regulations.
(iii) To exempt from coverage under this act any
trade or business when the commission deems federal or other
authority is adequate and dual or overlapping authority would
result. If any trade or business is exempted under this section
the commission shall file a detailed report with the governor
showing the reasons for such exemption together with an
affirmance by the federal or other authority that the coverage
is adequate;
(iv) To require that any rules and regulations of the
commission be a part of construction, maintenance or servicing
contracts or other contracts as the commission may determine;
(v) To consider and grant in accordance with and
subject to the terms and limitations provided in W.S. 27-11-111,
variances from standards, rules and regulations promulgated
under this act;
(vi) To require the employer to be charged with the
following duties:
(A) Each employer shall furnish to his
employees, a place of employment and employment which are free
from recognized hazards that are causing or that are likely to
cause death or serious physical harm;
(B) Each employer shall comply with occupational
safety and health standards, rules, regulations and orders
issued pursuant to this act.
(vii) To require the employee to be charged with the
following duty, each employee shall comply with occupational
safety and health standards and all rules, regulations and
orders issued pursuant to this act which are applicable to his
own actions and conduct.