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Manufacturers and contractors urge changes to Wyoming's EMR calculation after lost bids and perceived unfair ratings
Summary
Manufacturers and business groups told the committee that Wyoming's experience modification rating (EMR) calculation and its use in bidding and screening can disqualify in-state firms from contracts and inflate premiums; witnesses asked for alignment with national standards or rule changes to ensure only attributable claims affect the EMR.
Business representatives including Renny McKay (Wyoming Business Alliance) and Rex Lewis (Puma Steel) told the committee that Wyoming's Experience Modification Rating (EMR) and workers'-compensation calculation can disadvantage local firms in competitive bids.
"Our Wyoming EMR for the company is 146... the standard for the industry is 151," Rex Lewis said, explaining that differences in baseline calculations have prevented his firm from qualifying for certain projects despite internal safety awards. He proposed using a national-standard baseline so external reviewers would not automatically disqualify Wyoming firms.
Jason Wolf of the Department of Workforce Services confirmed that EMR historically is an insurance premium metric and that several other states have moved to restrict using EMR as a direct safety-screening metric in procurement. Representatives and business groups asked the committee to explore legislative fixes to ensure EMR reflects attributable, employer-caused incidents rather than third-party crashes or anomalies.
The committee accepted the topic for interim work and asked the Department of Workforce Services and stakeholders to develop possible statutory changes and data-driven options.
