Labor Commission, Occupational Safety and Health

Section R614-1-4

Incorporation of Federal Standards

Notice of Proposed Rule

(Amendment)

DAR File No.: 34022
Filed: 08/27/2010 11:04:34 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the proposed rule change is to incorporate the most recent amendments to the Federal OSHA standards.

Summary of the rule or change:

On 02/28/2006, OSHA published a final rule for Occupational Exposure to Hexavalent Chromium (Cr(VI)). Public Citizen Health Research Group and other parties petitioned for review of the final rule in the Third Circuit Court of Appeals. The court remanded the employee notification requirements in the rule's exposure determination provisions for further consideration. Specifically, the court directed OSHA to explain its decision to limit employee notification requirements to instances where Cr(VI) exceeds the permissible exposure limit (PEL), or else take other appropriate action with respect to that portion of the rule. After reviewing the record and reconsidering the provision in question, OSHA decided to revise the notification requirements to require employers to notify employees of all exposure test results even if there is no exposure found. OSHA then promulgated a direct final rule (DFR) requiring employee notification of any Cr(VI) exposure. OSHA also confirmed the effective date of the DFR. OSHA stated that the DFR would become effective on 06/15/2010 unless one or more significant adverse comments were submitted by a certain date. OSHA did not receive significant adverse comments on the DFR, therefore it became effective on 06/15/2010.

State statutory or constitutional authorization for this rule:

• Title 34A, Chapter 6

This rule or change incorporates by reference the following material:

• Adds 75 FR 51, Wednesday, March 17, 2010, Pages 12681 to and including 12686 "Revising the Notification Requiremnts in the Exposure Determination Provision sof the Hexavalent Chromium Standards" Direct Final Rule, published by Government Printing Office, 03/17/2010
• Adds 75 FR 93, Friday, May 14, 2010. Pages 27188 to and including 27189 "Revising the Notification Requirements in the Exposure Determination Provision of the Hexavalent Chromium Standards" Final Rule,: confirmation of effective date", published by Government Printing Office, 05/14/2010

Anticipated cost or savings to:

the state budget:

OSHA estimated the new burden hours and costs that would result from this amendment and the public had 60 days to comment on those estimates in accordance with 44 U.S.C. 3506(c)(2). OSHA estimated that the requirement to notify employees of any Cr(VI) exposure would increase burden hours by 62,575 hours and employer costs by $1,526,731 annually.

local governments:

OSHA estimated the new burden hours and costs that would result from this amendment and the public had 60 days to comment on those estimates in accordance with 44 U.S.C. 3506(c)(2). OSHA estimated that the requirement to notify employees of any Cr(VI) exposure would increase burden hours by 62,575 hours and employer costs by $1,526,731 annually.

small businesses:

OSHA estimated the new burden hours and costs that would result from this amendment and the public had 60 days to comment on those estimates in accordance with 44 U.S.C. 3506(c)(2). OSHA estimated that the requirement to notify employees of any Cr(VI) exposure would increase burden hours by 62,575 hours and employer costs by $1,526,731 annually.

persons other than small businesses, businesses, or local governmental entities:

OSHA estimated the new burden hours and costs that would result from this amendment and the public had 60 days to comment on those estimates in accordance with 44 U.S.C. 3506(c)(2). OSHA estimated that the requirement to notify employees of any Cr(VI) exposure would increase burden hours by 62,575 hours and employer costs by $1,526,731 annually.

Compliance costs for affected persons:

OSHA estimated the new burden hours and costs that would result from this amendment and the public had 60 days to comment on those estimates in accordance with 44 U.S.C. 3506(c)(2). OSHA estimated that the requirement to notify employees of any Cr(VI) exposure would increase burden hours by 62,575 hours and employer costs by $1,526,731 annually.

Comments by the department head on the fiscal impact the rule may have on businesses:

With respect to occupational safety and health standards, Utah is a "state plan" state. In order to fulfill the requirement that a state plan state be at least as effective as OSHA, Utah adopts and incorporates federal rules by reference.

Sherrie Hayashi, Commission

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Labor Commission
Occupational Safety and Health
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• William Adams at the above address, by phone at 801-530-6897, by FAX at 801-530-7606, or by Internet E-mail at wadams@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/15/2010

This rule may become effective on:

10/22/2010

Authorized by:

Sherrie Hayashi, Commissioner

R614. Labor Commission, Occupational Safety and Health.

R614-1. General Provisions.

R614-1-4. Incorporation of Federal Standards.

A. General Industry Standards.

1. Sections 29 CFR 1910.21 to 1910.999 and 1910.1000 through the end of part 1910 of the July 1, 2009, edition are incorporated by reference.

2. 29 CFR 1908, July 1, 2009, is incorporated by reference.

3. 29 CFR 1904, July 1, 2009, is incorporated by reference.

4. FR Vol. 75, No. 51. Wednesday, March 17, 2010, Pages 12681 to and including 12686 "Revising the Notification Requirements in the Exposure Determination Provisions of the Hexavalent Chromium Standards" Direct Final Rule" is incorporated by reference.

5. FR Vol. 75, No. 93. Friday, May 14, 2010. Pages 27188 to and including 27189 "Revising the Notification Requirements in the Expure Determination Provision of the Hexavalent Chromium Standards" Final rule,: confirmation of effective date" is incorporated by reference.

B. Construction Standards.

1. Section 29 CFR 1926.20 through the end of part 1926, of the July 1, 2009, edition is incorporated by reference.

2. FR Vol. 75, No. 51. Wednesday, March 17, 2010, Pages 12681 to and including 12686 "Revising the Notification Requirements in the Exposure Determination Provisions of the Hexavalent Chromium Standards" Direct Final Rule" is incorporated by reference.

3. FR Vol. 75, No. 93. Friday, May 14, 2010. Pages 27188 to and including 27189 "Revising the Notification Requirements in the Exposure Determination Provision of the Hexavalent Chromium Standards" Final rule,: confirmation of effective date" is incorporated by reference.

 

KEY: safety

Date of Enactment or Last Substantive Amendment: [May 22, 2008]2010

Notice of Continuation: November 2, 2007

Authorizing, and Implemented or Interpreted Law: 34A-6