DAR File No. 42264

Labor Commission, Occupational Safety and Health

Section R614-1-4

Incorporation of Federal Standards

Notice of Proposed Rule

(Amendment)

DAR File No.: 42264
Filed: 10/25/2017 03:14:42 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule change is to incorporate the most current Federal standards for 29 CFR 1910.6 through the end part of 1910 and 29 CFR 1926.6 and 1926.20 through the end of part 1926, which Utah enforces.

Summary of the rule or change:

This rule change incorporates the 07/01/2017 edition of 29 CFR 1910.6 through the end of part 1910 except for 29 CFR 1910.1024 and 29 CFR 1910.1053 and 29 CFR 1926.6 and 1926.20 through the end of part 1926 except for 29 CFR 1926.1124 and 29 CFR 1926.1153.

Statutory or constitutional authorization for this rule:

• Title 34A, Chapter 6

This rule or change incorporates by reference the following material:

• Updates 29 CFR 1910.6 and 1910.21 through the end of 1910, published by Government Printing Office, 07/01/2017
• Updates 29 CFR 1926.6 and 1926.20 through teh end of 1926, published by Goverment Printing Office, 07/01/2017

Anticipated cost or savings to:

the state budget:

A small number of state government entities where the specific fall protection, personal protective equipment, or training will be required may be affected by the cost of equipment and training which may add up to more than $1,000. Exact cost cannot be established because many state government entities do not have employees that work at heights and will not be affected by this rule. State government entities that are affected will have a very wide range of employees that would need training and equipment to comply with this rule, so the exact cost cannot be established.

local governments:

A small number of local government entities where the specific fall protection, personal protective equipment, or training will be required may be affected by the cost of equipment and training which may add up to more than $1,000. Exact cost cannot be established because many local governments do not have employees that work at heights and will not be affected by this rule. Local governments that are affected will have a very wide range of employees that would need training and equipment to comply with this rule, so the exact cost cannot be established.

small businesses:

A small number of small businesses where the specific fall protection, personal protective equipment, or training will be required may be affected by the cost of equipment and training which may add up to more than $1,000. Exact cost cannot be established because many small businesses do not have employees that work at heights and will not be affected by this rule. Small businesses that are affected will have a very wide range of employees that would need training and equipment to comply with this rule, so the exact cost cannot be established.

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

A small number of persons other than small businesses, businesses, and local government entities may be affected where the specific fall protection, personal protective equipment, or training will be required may be affected by the cost of equipment and training which may add up to more than $1,000. Exact cost cannot be established because many persons other than small businesses, businesses, and local government entities do not have employees that work at heights and will not be affected by this rule. Persons other than small businesses, businesses, and local government entities that are affected will have a very wide range of employees that would need training and equipment to comply with this rule, so the exact cost cannot be established.

Compliance costs for affected persons:

Possible cost for fall protection training and equipment. Exact cost cannot be established because many entities do not have employees that work at heights and will not be affected by this rule. Entities that are affected will have a very wide range of employees that would need training and equipment to comply with this rule, so the exact cost cannot be established.

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

This rule clarifies some requirements for fall protection training and equipment use in General Industry settings. Exact cost cannot be established because many entities do not have employees that work at heights and will not be affected by this rule. Entities that are affected will have a very wide range of employees that would need training and equipment to comply with this rule, so the exact cost cannot be established.

Jaceson Maughan, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Christopher Hill at the above address, by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov
• Cameron Ruppe at the above address, by phone at 801-530-6898, by FAX at , or by Internet E-mail at cruppe@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:

12/15/2017

This rule may become effective on:

12/22/2017

Authorized by:

Jaceson Maughan, Commissioner

R614. Labor Commission, Occupational Safety and Health.

R614-1. General Provisions.

R614-1-4. Incorporation of Federal Standards.

A. The following federal occupational safety and health standards are hereby incorporated:

1. 29 CFR 1904, July 1, 2015, is incorporated by reference, except the workplace fatality, injury and illness reporting requirements found in 29 CFR 1904.1, 1904.2, 1904.7 and 1904.39. Workplace fatalities, injuries and illnesses shall be reported pursuant to the more specific Utah standards in Utah Code Ann. Subsection 34A-6-301(3)(b)(2) and the Utah Administrative Code R614-1-5(C)(1).

2. 29 CFR 1908, July 1, 2015, is incorporated by reference.

3. 29 CFR 1910.6 and 1910.21 through the end part of 1910, July 1, 201[5]7, are incorporated by reference, except 29 CFR 1910.1024 and 29 CFR 1910.1053.

4. 29 CFR 1926.6 and 1926.20 through the end of part 1926, of the July 1, 201[5]7, edition are incorporated by reference , except 29 CFR 1926.1124 and 29 CFR 1926.1153.

 

KEY: safety

Date of Enactment or Last Substantive Amendment: [December 28, 2015]2017

Notice of Continuation: October 22, 2012

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