LARAMIE -- The Joint Judiciary Committee on Monday voted down a measure that would have held oil and gas operators liable for their own portion of negligence in workplace accidents.

The "duty of care" bill would have codified in statute what has been an evolving view in Wyoming courts on workplace liability. Proponents said the bill would have struck the current "pervasive" burden of proof that workers and their families must prove before they can even go to trial.

But opponents claimed the bill would have meddled with the state's view on liability itself.

"We feel it would make the workplace less safe," said Bruce Hinchey, president of the Petroleum Association of Wyoming.

Hinchey said he feared that by encouraging subcontractors to participate in the operator's safety programs, the operator would be more exposed to liability if subcontractor employees get hurt. But proponents said that liability already exists. The purpose of striking the "pervasive" pretrial test would be simply to make the courts available to injured workers and their families.

Once a case goes to trial, a worker would still have to prove that the operator breached his duty of care, and that the breach was the cause of the death or injury.

"Where does that leave our citizens? Without a recourse in the courts," said Sen. Tony Ross, R-Cheyenne. "I can't get past Wyoming being the Equality State when we don't have the right for a worker to seek redress in court."

Contact energy reporter Dustin Bleizeffer at 307-577-6069 or dustin.bleizeffer@trib.com