DAR File No. 42568

Labor Commission, Occupational Safety and Health

Section R614-1-4

Incorporation of Federal Standards

Notice of Proposed Rule

(Amendment)

DAR File No.: 42568
Filed: 02/08/2018 09:11:57 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule change is to exempt 29 CFR 1910.27(b)(1), 29 CFR 1910.28(b)(9)(i)(A), 29 CFR 1910.28(b)(9)(i)(B), and 29 CFR 1910.28(b)(9)(i)(D) from the incorporated federal standards in order to provide employers additional time to comply with these regulations. The additional time that will be provided will be equivalent to the time provided to employers by federal Occupational Safety and Health Administration (OSHA) and will be incorporated by the Division of Utah Occupational Safety and Health (UOSH) at a later date.

Summary of the rule or change:

This rule change exempts 29 CFR 1910.27(b)(1), 29 CFR 1910.28(b)(9)(i)(A), 29 CFR 1910.28(b)(9)(i)(B), and 29 CFR 1910.28(b)(9)(i)(D) from the 29 CFR 1910 standards (July 1, 2017 edition of 29 CFR 1021.21 through the end part of 1910) that were incorporated by reference.

Statutory or constitutional authorization for this rule:

• Title 34A, Chapter 6

This rule or change incorporates by reference the following material:

• Removes 29 CFR 1910.28(b)(()(i)(D), published by US Government Printing Office, 2017
• Removes 29 CFR 1910.27(b)(1), published by US Government Printing Office, 2017
• Removes 29 CFR 1910.28(b)(()(i)(A), published by US Government Printing Office, 2017
• Removes 29 CFR 1910.28(b)(9)(i)(B), published by US Government Printing Office, 2017

Anticipated cost or savings to:

the state budget:

State government entities will not be affected by this rule change. Exemption of these standards from the incorporated federal standards will provide entities additional time to comply with the requirements set forth in 29 CFR 1910.27(b)(1), 29 CFR 1910.28(b)(9)(i)(A), 29 CFR 1910.28(b)(9)(i)(B), and 29 CFR 1910.28(b)(9)(i)(D), which will be incorporated by reference at a later date.

local governments:

Local governments will not be affected by this rule change. Exemption of these standards from the incorporated federal standards will provide entities additional time to comply with the requirements set forth in 29 CFR 1910.27(b)(1), 29 CFR 1910.28(b)(9)(i)(A), 29 CFR 1910.28(b)(9)(i)(B) and 29 CFR 1910.28(b)(9)(i)(D), which will be incorporated by reference at a later date.

small businesses:

Small businesses will not be affected by this rule change. Exemption of these standards from the incorporated federal standards will provide entities additional time to comply with the requirements set forth in 29 CFR 1910.27(b)(1), 29 CFR 1910.28(b)(9)(i)(A), 29 CFR 1910.28(b)(9)(i)(B), and 29 CFR 1910.28(b)(9)(i)(D), which will be incorporated by reference at a later date.

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

Persons other than small businesses, businesses, or local government entities will not be affected by this rule change. Exemption of these standards from the incorporated federal standards will provide entities additional time to comply with the requirements set forth in 29 CFR 1910.27(b)(1), 29 CFR 1910.28(b)(9)(i)(A), 29 CFR 1910.28(b)(9)(i)(B), and 29 CFR 1910.28(b)(9)(i)(D), which will be incorporated by reference at a later date.

Compliance costs for affected persons:

There will be no compliance costs resulting from the exemption of 29 CFR 1910.27(b)(1), 29 CFR 1910.28(b)(9)(i)(A), 29 CFR 1910.28(b)(9)(i)(B), and 29 CFR 1910.28(b)(9)(i)(D) from the 29 CFR 1910 standards (July 1, 2017 edition of 29 CFR 1910.21 through the end part of 1910) that were incorporated by reference. Exemption of these standards will provide employers additional time to comply with the requirements which will be incorporated by reference at a later date.

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

The only fiscal impact will be to employers who violate the incorporated safety standards. The majority of incorporated safety standards are updated versions of federal safety regulations.

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:

04/02/2018

This rule may become effective on:

04/09/2018

Authorized by:

Jaceson Maughan, Commissioner

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2018	FY 2019	FY 2020
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non-Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non-Small Businesses

 

This rule exempts certain federal standards from Utah enforcement. The fiscal impacts are inestimable because the number of businesses that might be affected by these safety standards is difficult to determine and whether or not these businesses are in violation of these safety standards is also difficult to be determined. Additionally, the severity of any potential safety violations is unknown thereby making it impossible to estimate what the impact will potentially be on businesses in violation of safety standards.

 

Utah Labor Commissioner, Jaceson R. Maughan has reviewed and approved this fiscal analysis.

 

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, 2017, are incorporated by reference, except 29 CFR 1920.27(b)(1), 29 CFR 1910.28(b)(9)(i)(A), 29 CFR 1910.28(b)(9)(i)(B), 29 CFR 1910.28(b)(9)(i)(D), 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, 2017, 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

Notice of Continuation: October 19, 2017

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