Labor Commission, Occupational Safety and Health

Section R614-1-4

Incorporation of Federal Standards

Notice of Proposed Rule

(Amendment)

DAR File No.: 36306
Filed: 06/01/2012 09:31:10 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment incorporates into Utah's Occupational Safety and Health rules the recent modifications to corresponding federal standards for chemical hazard communications. This will allow consistency with international standards and will better apprise employees of chemical hazards, thereby reducing the danger of chemical-related occupational illnesses and injuries.

Summary of the rule or change:

The proposed amendment revises criteria for classifying chemical hazards and also revises labeling requirements to include standardized pictograms, hazard statements, and precautionary statements. The amendment specifies the format for safety data sheets and requires employee training on labeling and safety data sheets.

State statutory or constitutional authorization for this rule:

• Title 34A, Chapter 6

This rule or change incorporates by reference the following material:

• Adds 77 FR 17574 through 17896, "29 CFR Part 1019 Hazard Communication", published by Government Printing Office, 03/26/2012

Anticipated cost or savings to:

the state budget:

Existing regulations already include standards for chemical hazard communications; the proposed modification of those standards will not affect Labor Commission costs of administering the standards. The amendment's chemical hazard classification and labeling requirements will have no impact on the state. As to the state in its capacity as an employer, the amendment will require employee training on the modified standards for labeling and safety data sheets. This can be incorporated into existing safety training at no additional expense. On the other hand, improved communication will reduce employee exposure to hazardous chemicals, thereby reducing costs of occupational illnesses and diseases. On balance, the commission anticipates that the proposed amendment will result in net long-term savings to the state from a reduction in occupational illness and injury.

local governments:

The amendment's chemical hazard classification and labeling requirements will have no impact on local governments. As to local governments in their capacity as employers, the amendment will modify existing employee training on labeling and safety data sheets. Such modifications can be incorporated into existing safety training at no additional expense. On the other hand, improved chemical hazard communication will reduce employee exposure to hazardous chemicals, thereby reducing costs of occupational illnesses and diseases. On balance, the commission anticipates that the proposed amendment will result in net long-term savings to local governments from a reduction in occupational illness and injury.

small businesses:

Federal OSHA's detailed analysis of the proposed amendment predicts average cost per small business of approximately $50 per year, fully offset by savings from reductions in occupational illnesses and injuries related to hazardous chemical exposure. On balance, the commission anticipates that the proposed amendment will result in net long-term savings to small businesses from the reduction in occupational illness and injury.

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

Compliance costs are concentrated in the chemical industry, with the primary cost arising from the requirement to update and modify chemical labels and safety data sheets. This cost is estimated at an average of $208 for each subject chemical, multiplied by the number of such chemicals produced by any particular chemical manufacturer. This cost will be fully offset by savings from reductions in occupational illnesses and injuries related to hazardous chemical exposure.

Compliance costs for affected persons:

Apart from the cost of updating chemical labels and safety data sheets, discussed above, compliance costs will involve updated training of employees who handle hazardous chemicals, which can be incorporated at negligible cost into already-existing training and safety meeting schedules.

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

The proposed amendment will reduce business costs for occupational disease and injury by improving chemical-hazard information and enhancing employee comprehension of such hazards, especially for limited-literacy employees. Because the proposed amendment involves modifications of existing requirements, it is not expected to have a significant fiscal impact on businesses. Furthermore, because the proposed amendment incorporates national and international standards, it would be necessary for Utah's chemical industry to follow the modified standards in any event, in order to do business in other states and foreign countries. In summary, the modifications will reduce costs and burdens while also improving the quality and consistency of information provided to employers and employees regarding chemical hazards and associated protective measures.

Sherrie Hayashi, Commissioner

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
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Louis Silva at the above address, by phone at 801-530-6872, by FAX at 801-538-6390, or by Internet E-mail at lsilva@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:

07/16/2012

This rule may become effective on:

07/23/2012

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, 2011, edition are incorporated by reference.

2. 29 CFR 1908, July 1, 2011, is incorporated by reference.

3. 29 CFR 1904, July 1, 2011, is incorporated by reference.

4. FR Vol. 77, Monday, March 26, 2012, Pages 17574 to and including 17896 "29CFR Part 1910 Hazard Communication:" Final Rule is incorporated by reference.

B. Construction Standards.

1. Section 29 CFR 1926.20 through the end of part 1926, of the July 1, 2011, edition is incorporated by reference.

2. FR Vol. 77, Monday, March 26, 2012, Pages 17574 to and including 17896 "29CFR Part 1910 Hazard Communication:" Final Rule is incorporated by reference.

 

KEY: safety

Date of Enactment or Last Substantive Amendment: [January 27, 2011]2012

Notice of Continuation: November 2, 2007

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