(a)The commission or chairman, in their discretion, may
make such public or private investigations as they deem
necessary to determine whether any person or employer has
violated, or is about to violate, any provision of this act, or
any rules, regulation, or order hereunder, or to aid in the
enforcement of this act, or in the prescribing of rules and
regulations hereunder, may require or permit any person to file
a statement in writing, under oath or otherwise, as they
determine, as to all the facts and circumstances concerning the
matter to be investigated and may publish information concerning
any violation of this act, rule, regulation or order hereunder.
(b)For the purpose of any investigation or proceeding
under this act any member of the commission or any officer
designated by the
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(a) The commission or chairman, in their discretion, may
make such public or private investigations as they deem
necessary to determine whether any person or employer has
violated, or is about to violate, any provision of this act, or
any rules, regulation, or order hereunder, or to aid in the
enforcement of this act, or in the prescribing of rules and
regulations hereunder, may require or permit any person to file
a statement in writing, under oath or otherwise, as they
determine, as to all the facts and circumstances concerning the
matter to be investigated and may publish information concerning
any violation of this act, rule, regulation or order hereunder.
(b) For the purpose of any investigation or proceeding
under this act any member of the commission or any officer
designated by the chairman may administer oaths and
affirmations, subpoena witnesses, and compel their attendance,
take evidence and require the production of any books, papers,
correspondence, memoranda, agreements, or other documents or
records, which the commission or its chairman deem relevant or
material to the inquiry.
(c) In case of contumacy by or refusal to obey a subpoena
issued to any person, any Wyoming district court, upon
application by the commission or its chairman, may issue to the
person an order requiring him to appear before the commission or
the officer designated by them, to produce documentary evidence
if so ordered, or to give evidence touching the matter under
investigation or in question. Failure to obey the order of the
court may be punished by the court as contempt of court.
(d) When the commission or the department shall discover
or have reason to believe that any provision of the employment
health and safety laws or any rule is being violated, written
notice shall be served upon the person violating the same to
comply with the notice within a reasonable time, to be fixed in
the notice, which notice shall specify the time to be not more
than thirty (30) days, except that such time may be extended for
good cause shown. The notice shall specify the violation and
shall be posted at or near the site of violation for a period of
three (3) days or until the violation is abated, whichever is
longer:
(i) In fixing the time in such notice and any
extension of time, consideration shall be given to the nature of
the failure or defect constituting the violation, the probable
danger thereof, and the probable length of time and amount of
labor required to correct the violation;
(ii) If the violation continues after the expiration
of the period of time fixed in the notice, including any such
extension of time, enforcement in this type of case will be
sought by the commission or by the department by filing a
complaint and seeking a cease and desist order in the district
court;
(iii) Proposed penalty amounts shall be clearly
stated as part of the notice of violation, but shall be a
separate document which need not be posted with the notice of
violation;
(iv) Nothing in paragraphs (i) and (ii) of this
subsection shall be applicable to W.S. 27-11-106(b).
(e) No employer shall discharge or in any manner
discriminate against any employee because such employee has
filed any notice of complaint or has instituted, or caused to be
instituted, any proceeding under or related to this act or has
testified or is about to testify in any such proceeding, or
because of the exercise by such employee on behalf of himself or
others any right afforded by this act.
(f) All information reported or likewise obtained by the
department in connection with any inspection or investigation
under this act which contains or which might reveal a trade
secret shall be considered as confidential for the purpose of
this act: except that such information may be disclosed to other
representatives of the department concerned with carrying out
this act or when relevant in any proceedings as required under
this act. In any such proceedings, the department, the
commission, the review board or the court shall issue orders as
may be appropriate to protect the confidentiality of trade
secrets.