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Wyoming Updates Safety Penalties Effective February 2017
The Wyoming Department of Workforce Services I set to increase their OSHA penalties on February 1, 2017. This change results from a Congressional action which requires federal agencies to index civil penalties by the inflation rate. This action includes a one time catch up provision. The catch-up provision will increase penalties by 78% initially and then the penalties will be subsequently adjusted annually in order to keep pace with inflation.
The New Penalty Structure
The new penalty structure can be summarized as follows:
| Violation | Violation Definition | New Maximum Penalty per Violation | Current Maximum Penalty per Violation |
| Other than serious violation | A violation that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm. | $12,471 | up to $7,000 |
| Serious violation | A violation where there is substantial probability that death or serious physical harm could result, and the employer knew of, or should have known of, the hazard. | $12,471 | up to $7,000 |
| Failure to abate violation | Failure to correct a previously cited violation. | $12,471 per day beyond the abatement date | up to $7,000 each day beyond the abatement date for each violation. |
| Willful violation | A violation that the employer knowingly commits or commits with plain indifference to the law. The employer either knows that what he or she is doing constitutes a violation, or is aware that a hazardous condition existed and made no reasonable effort to eliminate it. | $124,709 | to $70,000 |
| Repeat violation | A violation of any standard, regulation, rule, or order where, upon reinspection, a substantially similar violation is found. | $124,709 | up to $70,000 |
Wyoming employers are required to display a copy of the revised OSHA poster, along with other state and federal posting requirements in conspicuous places in the workplace. The Wyoming All-in-One Complete Poster package meets all state and federal posting requirements and contains the new minimum wage provisions.
The Labor Law Center offers a worry-free service to our customers through our Poster Service Plan with automatic replacements. What this means is that we monitor the state and federal postings and automatically send you updates when they are released. It is that simple!
We also offer our clients our newly updated Education Center. If you are new to labor law compliance or just wanting to keep up with the latest news and changes as they come out, this is the place to bookmark and visit regularly.
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