§ 27-14-108 — Extrahazardous industries, employments, occupations; enumeration; definitions; optional coverage

(a) This act applies to the following, which shall be
deemed extrahazardous employment:
(i) Repealed by Laws 2002, Ch. 30, § 2.
(ii) Regardless of individual occupation, all workers
employed in the following sectors, subsectors, industry groups
and industries, as each is defined in the most recent edition of
the North American Industry Classification System (NAICS)
manual:
(A) Agriculture, sector 11:
(1) Industry group 1133, logging.
(B) Mining, sector 21;
(C) Utilities, sector 22;
(D) Construction, sector 23;
(E) Manufacturing, sector 31-33;
(F) Wholesale trade, sector 42:
(I) Subsector 424, wholesale trade,
nondurable goods:
(1) Industry group 4245, farm product
raw materials, wholesale;
(2) Industry group 4246, chemical and
allied products, wholesale;
(3) Industry group 4247, petroleum and
petroleum products, wholesale;
(4) Industry group 4248, beer, wine,
and distilled alcoholic beverages, wholesale;
(5) Industry group 4249, miscellaneous
nondurable goods, wholesale.
(G) Retail trade, sector 44-45:
(I) Subsector 441, motor vehicle and parts
dealer;
(II) Subsector 444, building materials and
garden equipment and supplies:
(1) Industry group 4441, building
materials and supplies dealers:
a. NAICS industry 44418, other
building materials.
(III) Subsector 445, food and beverage
stores:
(1) Industry group 4452, specialty
food stores:
a. NAICS industry 44524, meat
retailers;
b. NAICS industry 44525, fish and
seafood retailers;
c. NAICS industry 44529, other
specialty stores.
(IV) Subsector 457, gasoline stations and
fuel dealers;
(V) Repealed by Laws 2023, ch. 18, § 2.
(H) Transportation and warehousing, sector 48-
49:
(I) Subsector 481, air transportation;
(II) Subsector 484, truck transportation;
(III) Subsector 485, urban transit systems;
(IV) Subsector 486, pipeline
transportation;
(V) Subsector 491, postal service;
(VI) Subsector 492, couriers and
messengers;
(VII) Subsector 493, warehousing and
storage.
(J) Information, sector 51:
(I) Subsector 513, publishing industries:
(1) Industry group 5131, newspaper,
periodical, book and directory publishers.
(K) Real estate and rental and leasing, sector
53:
(I) Subsector 531, real estate:
(1) Industry group 5311, lessors of
real estate.
(II) Subsector 532, rental and leasing
services:
(1) Industry group 5321, automotive
equipment rental and leasing.
(M) Administrative and support and waste
management and remediation services, sector 56:
(I) Subsector 561, administrative and
support services:
(1) Industry group 5616,
investigation, guard and armored car services;
(2) Industry group 5617, services to
buildings and dwellings.
(II) Subsector 562, waste management and
remediation services.
(N) Educational services, sector 61:
(I) Subsector 611, educational services:
(1) Industry group 6116, other schools
and instruction:
a. NAICS industry 61161, fine
arts schools;
b. NAICS industry 61162, sports
and recreation instruction;
c. NAICS industry 61169, all
other schools and instruction:
i. United States NAICS
industry 611692, automobile driving schools.
(O) Health care and social services, sector 62:
(I) Subsector 621, ambulatory health care
services;
(II) Subsector 622, hospitals;
(III) Subsector 623, nursing and
residential care facilities;
(IV) Subsector 624, social assistance:
(1) Industry group 6241, individual
and family services;
(2) Industry group 6242, community
food and housing, and emergency and other relief services;
(3) Industry group 6243, vocational
rehabilitation services.
(P) Except as provided under subsection (o) of
this section, arts, entertainment and recreation, sector 71;
(Q) Accommodation and food services, sector 72;
(R) Other services (except public
administration), sector 81:
(I) Subsector 811, repair and maintenance;
(II) Subsector 812, personal and laundry
services:
(1) Industry group 8123, dry-cleaning
and laundry services;
(2) Industry group 8129, other
personal services:
a. NAICS industry 81291, pet care
(except veterinary services).
(S) Public administration, sector 92:
(I) Subsector 922, justice, public order
and safety activities:
(1) Industry group 9221, justice,
public order and safety activities:
a. NAICS industry 92212, police
protection;
b. NAICS industry 92214,
correctional institutions;
c. NAICS industry 92215, parole
offices and probation offices;
d. NAICS industry 92216, fire
protection, including firefighters while performing under the
direction of a duly authorized officer in charge and engaged in
competition at employer sanctioned training events,
construction, maintenance or improvement of equipment or
facilities utilized in fire protection activities, fundraising,
civic affairs or other similar authorized activities.
(II) Subsector 923, administration of human
resource programs:
(1) Industry group 9231,
administration of human resource programs:
a. NAICS industry 92312,
administration of public health programs;
b. NAICS industry 92313,
administration of human resource programs (except education,
public health and veterans' affairs programs);
c. NAICS industry 92314,
administration of veterans' affairs.
(III) Subsector 924, administration of
environmental quality programs.
(b) Repealed by Laws 1992, ch. 33, § 2.
(c) Repealed By Laws 1996, ch. 71, § 2, 1995, ch. 121, §
3.
(d) This act applies to governmental entities engaged in
an industrial classification listed under subsection (a) of this
section and to employees of governmental entities engaged in or
employed as the following:
(i) Janitors, groundskeepers and maintenance workers;
(ii) Federal programs which require coverage for
their participants;
(iii) State employees and effective until June 30,
2002, employees of the University of Wyoming while traveling in
the performance of their duties;
(iv) Repealed By Laws 2001, Ch. 132, § 2.
(v) Repealed By Laws 2001, Ch. 132, § 2.
(vi) Casual employees engaged in fighting forest or
grass fires when employed by a governmental entity;
(vii) Applicants or recipients of general welfare or
relief who are employed by a governmental entity;
(viii) Repealed By Laws 2001, Ch. 132, § 2.
(ix) All adult and juvenile prisoners and
probationers when performing work pursuant to law or court
order;
(x) Diagnostic and analytical laboratory employees;
(xi) Hazardous substance workers;
(xii) Power equipment operators;
(xiii) Motor delivery drivers;
(xiv) Workshop employees;
(xv) Persons performing community service pursuant to
a criminal sentencing order or a diversion agreement entered
into with a prosecuting authority, if the governing body of the
jurisdiction for whom the service is performed has made a prior
written election of coverage for the community service work;
(xvi) Public school educational assistants who
provide services to special education students while working
directly with special education students and certified special
education teachers and related services providers as defined by
34 C.F.R. 300.18 and 300.156 and W.S. 21-2-802 and 21-7-303 who
provide services to eligible students while working directly
with eligible students;
(xvii) County coroners and deputy county coroners;
(xviii) Fire protection, including firefighters while
performing under the direction of a duly authorized officer in
charge and engaged in competition at employer sanctioned
training events, construction, maintenance or improvement of
equipment or facilities utilized in the fire protection
activities, fundraising, civic affairs or similar authorized
activities;
(xix) A member of the legislature while engaged in an
activity or traveling to or from an activity in the member's
official capacity as a member of the legislature.
(e) Specifically enumerated volunteers to whom this act
applies are:
(i) Firefighters while:
(A) Firefighting;
(B) Performing rescue work;
(C) Participating in a hazardous material
response;
(D) Responding to any other situation where the
health or safety of the public is at risk;
(E) Training for the activities enumerated in
subparagraphs (A) through (D) and (F) of this paragraph,
including while engaged in competition at employer sanctioned
training events;
(F) Constructing, maintaining or improving
equipment or facilities utilized in the activities enumerated in
subparagraphs (A) through (E) of this paragraph; or
(G) Performing under the direction of a duly
authorized officer in charge and engaged in fundraising, civic
affairs or other similar authorized activities.
(ii) Search and rescue personnel;
(iii) Law enforcement personnel;
(iv) Search pilots;
(v) Mine rescue workers;
(vi) Ambulance personnel;
(vii) Hazardous substance workers;
(viii) Emergency management agency personnel;
(ix) Elected county or local officials volunteering
to perform governmental services on behalf of the jurisdiction
to which they are elected, where the services are outside of the
elected officials' regular duties, if the governing body of the
jurisdiction has made a prior written election of coverage for
the volunteer work;
(x) Volunteers working on projects approved by the
Wyoming game and fish commission or the Wyoming department of
state parks and cultural resources;
(xi) Law enforcement aides while:
(A) Conducting patrols, reporting suspicious
activities or controlling traffic and crowds on an authorized
work schedule agreed to by and within the jurisdiction of the
law enforcement agency to which the volunteer service is
provided;
(B) Training under the auspices of a law
enforcement agency.
(f) As used in this section:
(i) Repealed by Laws 1992, ch. 33, § 2.
(ii) "Diagnostic and analytical laboratory employees"
means all laboratory personnel handling or analyzing or
otherwise exposed to infections, chemical or biological
hazardous materials or employed in a laboratory in which
infections, chemical or biological hazardous materials are
handled or stored;
(iii) Repealed By Laws 1999, ch. 46, § 2.
(iv) "Workshop" means any location where power driven
machinery is used and manual labor is exercised by way of trade
or gain or otherwise incidental to the process of making,
altering, repairing, printing or ornamenting, finishing or
adapting for sale or otherwise any article or part of article,
over which location the employer of the person working at the
location has the right of access or control. Workshop includes
any location where power machinery is being used and manual
labor is exercised for recycling, crushing, incinerating,
disposal or otherwise altering any article including but not
limited to, paper products, metal, glass, rubber and plastic,
over which location the employer of the person working at the
location has the right of access or control. A workshop does not
include any location on which only office fans, typewriters,
adding machines, calculators, computers, dictaphones or other
similar equipment driven by electric motors are operated which
are sufficiently protected not to constitute a hazard to
employees;
(v) Repealed by Laws 1992, ch. 33, § 2.
(vi) "Power equipment operator" means any worker who
operates power machinery;
(vii) "Mine rescue team" means mine rescue workers
and the employers of the workers performing actual rescue
operations or training rescue operations at any underground mine
pursuant to the consent of the owner of the mine and the
employers of the members of the team. Mine rescue team members
while engaged in mine rescue operations and training, shall be
considered employees of the employer at whose mine they engage
in mine rescue work;
(viii) "Hazardous substance" means those substances
designated or enumerated within the notification of hazardous
waste activity publication of the federal environmental
protection agency;
(ix) "Hazardous substance worker" means a trained
employee or volunteer involved with performing emergency
response and post emergency response operations for the release
or substantial threat of release of hazardous substances;
(x) "Eligible student" means a student with
behavioral, emotional, cognitive, learning, physical or health
disabilities who requires educational services to be provided
outside of the regular classroom because the use of
supplementary aids and services cannot be achieved
satisfactorily in the regular classroom.
(g) This act does not apply to the following:
(i) Repealed by Laws 1995, ch. 121, § 3.
(ii) Repealed By Laws 1995, ch. 121, § 3.
(iii) Repealed By Laws 1995, ch. 121, § 3.
(iv) Repealed By Laws 2006, Chapter 2, § 2.
(v) Repealed by Laws 1995, ch. 121, § 3.
(vi) Repealed By Laws 1995, ch. 121, § 3.
(vii) Repealed By Laws 1995, ch. 121, § 3.
(viii) Repealed By Laws 1995, ch. 121, § 3.
(ix) Repealed By Laws 1995, ch. 121, § 3.
(x) Those individuals excluded as an employee under
W.S. 27-14-102(a)(vii)(A) through (O).
(h) Repealed by Laws 2002, Ch. 30, § 2.
(j) Any employee not enumerated under subsections (a)
through (g) of this section or not employed in an extrahazardous
employment enumerated under this section may be covered and
subject to the provisions of this act and his employment shall
be treated as if extrahazardous for purposes of this act, if his
employer elects to obtain coverage under this act and makes
payments as required by this act. An employer electing coverage
pursuant to this subsection may only elect to cover all his
employees. An employer may withdraw coverage elected under this
subsection at any time if the elected coverage has been in
effect for at least two (2) years and the employer is current on
all contributions and payments required under this act.
(k) Any corporation, limited liability company,
partnership or sole proprietorship may elect to obtain coverage
under this act for any or all of its corporate officers, limited
liability company members, partners in a partnership or sole
proprietor by notifying the division in writing of its election
upon initial registration with the division, or thirty (30) days
prior to the beginning of a calendar quarter. Any employer
electing coverage pursuant to this subsection shall, if it has
other employees, simultaneously elect coverage for its
employees, as provided in subsection (j) of this section, if
those employees are not already covered under this act.
Notwithstanding subsection (j) of this section, an employer
shall not withdraw coverage at any time during the subsequent
eight (8) calendar quarters. Application for termination of
coverage under this subsection shall be filed in writing with
the division. Termination of coverage shall be effective the
first day of the month following the division's receipt of the
notice of termination which shall specify whether the
termination is for the officers, members and partners or for the
officers, members, partners and all electively covered
employees.
(m) Any employer may elect to obtain coverage under this
act for school-to-work participants engaging in program
activities at his place of business in accordance with rules and
regulations of the division.
(n) Repealed by Laws 2002, Ch. 10, § 2.
(o) Notwithstanding subparagraph (a)(ii)(P) of this
section and upon request of an employer, the department may
exclude employment from coverage under this act if it determines
the primary source of revenue of the employer's business is
derived from operations classified under subparagraph (a)(ii)(P)
of this section and any of the following industries:
(i) Agriculture, forestry, fishing and hunting,
sector 11:
(A) Subsector 111, crop production;
(B) Subsector 112, animal production;
(C) Subsector 113, forestry and logging:
(I) Industry group 1131, timber tract
operations;
(II) Industry group 1132, forest nurseries
and gathering of forest products.
(D) Subsector 115, support activities for
agriculture and forestry.
(p) Any university of the state of Wyoming or any
community college, school district or private or parochial
school or college may elect to obtain coverage under this act
for any person who may at any time be receiving training under
any work or job training program for the purpose of training or
learning trades or occupations. The bona fide student so placed
shall be deemed an employee of the respective university,
community college, school district or private or parochial
school or college sponsoring the training or rehabilitation
program.
(q) A team owner shall obtain coverage under this act for
professional athletes as defined in W.S. 27-14-102(a)(xxix). For
the purpose of determining employer contributions under this
act, all professional athletes for whom coverage is obtained are
deemed to be paid, for each month during which competition or
team practice is held, the average monthly wage most recently
computed pursuant to W.S. 27-14-802(b). Notwithstanding any
other provision of law, the division shall classify professional
athletes covered under this subsection under NAICS industry code
number 711211, sports teams and clubs, and shall keep that
classification separate for rate making purposes.