053-7 Wyo. Code R. § 7-5 - Proceedings Under or Related to the Act

(a) Discharge of, or discrimination against, any employee because the employee "has instituted or caused to be instituted, any proceeding under or related to this act" is also prohibited by W.S. 27-11-109(e). Examples of proceedings which could arise specifically under the act would be inspections of worksites under W.S. W.S. W.S. 27-11-108, employee contest of abatement date under W.S. W.S. 27-11-104(g)(ii), employee initiation of proceedings for promulgation of an occupational safety and health standard, employee application for modification of revocation of a variance under W.S. W.S. 27-11-111 and Chapter 5 of these Rules, employee judicial challenge to a standard and employee appeal of an Occupational Health and Safety Commission order under W.S. W.S. 27-11-104(g)(v). In determining whether a "proceeding" is "related to" the act, the considerations discussed in Section 3 of this Chapter would also be applicable.

(b) An employee need not himself directly institute the proceedings. It is sufficient if he sets into motion activities of others, which result in proceedings under or related to the act.

Notes

053-7 Wyo. Code R. § 7-5