053-1 Wyo. Code R. § 1-3

Current through April 27, 2019
Section 1-3 - Definitions

As used in these rules, unless the context clearly requires otherwise, the following definitions shall apply:

(a) Access - a way or means of approaching, obtaining, using, etc.; the ability to obtain the information contained in a record.

(b) Act - means the Wyoming Occupational Health and Safety Act, Sections 27-11-101 through 27-11-114, W.S. 1977, as amended (1986 Cum. Supp.).

(c) Administrator - means the Health and Safety Administrator of the State of Wyoming Occupational Health and Safety Department or designee.

(d) Commission - means the State of Wyoming Occupational Health and Safety Commission.

(e) Confidential - refers to the status of certain personal information as privileged or private, available only to the data subject and/or certain specified subjects.

(f) Court - means a court of competent jurisdiction which can order dissemination of information or to hear appeals in contested cases.

(g) Data Collection - means the gathering, of personal information by any means, including surveys, inspections, investigations, forms and oral testimony.

(h) Department - means the Wyoming Occupational Health and Safety Department. (Also "Agency")

(i) Department Representative - means a person authorized by the State of Wyoming Occupational Health and Safety Commission to conduct inspections or any other routine activity of the Department.

(j) Disseminate - means to release, transfer, or otherwise communicate information orally, in writing or by electronic means.

(k) Employee - means a person permitted to work by an employer in employment for wages, salary or commission.

(l) Employer - means any individual or organization including the State and all its political subdivisions, which has in its employ one or more individuals performing services for it in employment.

(m) Establishment - means any place in or about which an employee shall perform work for the employer.

(n) File - means any aggregation of data gathered for a particular purpose and organized or indexed as a unit.

(o) Financial - means fiscal, relating to salary, benefits, profits, and/or debts of an individual.

(p) Hearing Officer - means a member of the Wyoming State Bar, not a member of the Commission, the Department, or the Office of the Attorney General who, under contract, hears contested cases, and prepares findings of fact, conclusions of law, and recommended decision for the Occupational Health and Safety Commission's consideration.

(q) Inspection - means any inspection of any property, premises, or place except private residences where persons are employed, where work is performed by an employee for an employer, and includes any inspection conducted pursuant to a complaint filed, any reinspection, followup inspection, accident investigation or other inspection conducted under Sections 27 - 11108 and 27-11-109 of the Act.

(r) Interest - means a right or claim to something; share of participation in something; advantage, welfare, benefit; importance; concern.

(s) Notice - means the requirement that all individuals who are a part of a data system be informed of the initiation of a file on them or of any changes in an existing file.

(t) Notice of violation - means a notice sent to an employer alleging by the department health and/or safety violations of the Act or any rule, regulation or order issued under the Act. Also referred to as "citation".

(u) Person - means an individual, governmental agency, partnership, association, corporation, business, trust, receiver, trustee, legal representative or successor to any of the foregoing.

(v) Personal Information - means all information that describes anything about an individual such as identifying characteristics, measurements, or test scores; evidences things done by or to an individual, such as records of financial transactions, medical treatments, or other services; any information that is or can be retrieved from a recordkeeping system by reference to the name, number, or some other identifying feature associated with the individual to whom the information pertains.

(w) Personal Information System - means any method by which personal information is collected, stored, or disseminated by this agency.

(x) Personnel - means personnel of the State of Wyoming Occupational Health and Safety Department.

(y) Purge - means the physical destruction of files, records or information.

(z) Rules of Practice and Procedure - means the Wyoming Occupational Health and Safety Commission and Department Rules of Practice and Procedure.

(aa) State - means the State of Wyoming.

(bb) Subject - means the person about whom information is collected and maintained.

(cc) Trade Secrets - a plan or process, tool, mechanism, or compound known only to its owner and those employees of the owner to whom it is necessary to confide it; a secret formula or process having commercial value.

053-1 Wyo. Code R. § 1-3