§ 27-11-107 — Penalty

Wyoming § 27-11-107

• Jurisdiction: Wyoming
• Title 27: Labor and Employment
• Ch. 11: OCCUPATIONAL HEALTH AND SAFETY

Text

(a) Any employer willfully and knowingly violating any of
the provisions of this act, any health and safety standards,
rules or regulations promulgated under this act or any existing
rule or regulation governing the conditions of employment
promulgated by the commission, which causes death of an
employee, upon conviction, shall be punished by a fine of not
more than ten thousand dollars ($10,000.00) or by imprisonment
of not more than six (6) months or both. If the conviction is
for a violation committed after a first conviction of the same
person, punishment shall be by a fine of not more than twenty
thousand dollars ($20,000.00) or by imprisonment for not more
than one (1) year, or by both.
(b) Any employer willfully and knowingly violating any of
the provisions of this act, any safety and health standards,
rules or regulations promulgated under this act or any existing
rule or regulation governing the conditions of employment
promulgated by the commission may be assessed a civil penalty in
an amount determined by the commission pursuant to subsection
(j) of this section for each violation.
(c) Any employer violating any provision of this act, any
health and safety standards or rules and regulations promulgated
under this act or any existing rule or regulation governing the
conditions of employment promulgated by the commission, the
violation specifically determined to be of a serious nature,
shall be assessed a civil penalty in an amount determined by the
commission pursuant to subsection (j) of this section.
(d) Any employer violating any provision of this act, any
health and safety standards or rules and regulations promulgated
under this act or any existing rule or regulation governing the
conditions of employment promulgated by the commission, the
violation determined not to be of a serious nature, may be
assessed a civil penalty in an amount determined by the
commission pursuant to subsection (j) of this section for each
offense as noted in the notice of violation.
(e) Whoever knowingly makes any false statement,
representation or certification in any application, record,
report, plan or other document filed or required to be
maintained pursuant to this act, upon conviction, shall be
punished by a fine of not more than ten thousand dollars
($10,000.00) or by imprisonment for not more than six (6)
months, or both.
(f) Any employer who violates any of the posting
requirements, as prescribed under the provisions of this act,
may be assessed a civil penalty in an amount determined by the
commission pursuant to subsection (j) of this section for each
violation.
(g) Any employer who fails to correct a violation for
which a notice of violation has been issued, which notice of
violation is not contested or appealed under W.S. 27-11-104 and
27-11-106, initiated by the employer, may be assessed a civil
penalty in an amount determined by the commission pursuant to
subsection (j) of this section for each day the failure or
violation continues.
(h) Payment of all fines and penalties imposed under this
section shall be made to the county treasurer of the county in
which the violation occurs to be credited to the county school
fund.
(j) Unless otherwise specified in this section, the
commission shall through rule and regulation set the civil
penalty amounts to be imposed under subsections (b) through (d),
(f) and (g) of this section. The amount of the civil penalty
shall be no greater than the corresponding federal penalty for
the specified violation as promulgated under the Occupational
Safety and Health Act, 29 U.S.C. § 666, and shall include any
adjustments made to the penalty under the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015, 28
U.S.C. § 2461.