No. 27494 (Amendment): R614-1-4. Incorporation of Federal Standards

DAR File No.: 27494
Filed: 10/14/2004, 04:41
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This change provides adequate safety protections for Utah workers, and in order to maintain federal recognition, Utah's occupational safety and health program must be "as effective as" federal Occupational Safety and Health Administration (OSHA). To that end, the Commission is required to enact the proposed amendment to Section R614-1-4, which incorporates a recently enacted federal standard for respiratory protection.

 

Summary of the rule or change:

In this rule change, OSHA is approving an additional quantitative fit testing protocol, the controlled negative pressure (CNP) REDON (reapplying the respirator after adjustments - redonning) fit testing protocol, for inclusion in Appendix A of its Respiratory Protection Standard. The Commission is adopting this protocol under the provisions of the Respiratory Protection Standard that allow individuals to submit evidence justifying additional fit testing protocols. The CNP REDON protocol requires the performance of three different test exercises followed by two redonnings of the respirator, while the CNP protocol approved previously by OSHA specifies eight test exercises, including one redonning of the respirator. In addition to amending the standard to include the CNP REDON protocol, this rulemaking makes several editorial and nonsubstantive technical revisions to the standard associated with the CNP REDON protocol and the previously approved CNP protocol.

 

State statutory or constitutional authorization for this rule:

Title 34A, Chapter 6

 

This rule or change incorporates by reference the following material:

FR Vol. 69, No. 149, Wednesday, August 4, 2004, Pages 46986 to and including 46994, "Controlled Negative Pressure REDON Fit Testing Protocol"; Final Rule

 

Anticipated cost or savings to:

the state budget:

By providing regulatory flexibility to employers, the addition of the CNP REDON protocol may reduce costs in terms of time required to fit test affected State employees for respirator use, but otherwise there should be no savings or increase.

 

local governments:

By providing regulatory flexibility to employers, the addition of the CNP REDON protocol may reduce costs in terms of time required to fit test affected local government employees for respirator use, but otherwise there should be no savings or increase.

 

other persons:

By providing regulatory flexibility to employers, addition of the CNP REDON protocol may reduce costs in terms of decreasing the time required to fit test their employees for respirator use, but otherwise there should be no savings or increase.

 

Compliance costs for affected persons:

The CNP REDON protocol offers employers an additional option to fit test their employees for respirator use. Employers now have a choice between the previously approved CNP protocol and the simpler CNP REDON protocol. This flexibility may reduce compliance costs.

 

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

This simpler and less expensive procedure authorized by this amendment will have a positive fiscal impact on businesses subject to the rule.

 

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:

William Adams at the above address, by phone at 801-530-6897, by FAX at 801-530-7606, or by Internet E-mail at [e-mail]

 

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:

12/01/2004

 

This rule may become effective on:

12/02/2004

 

Authorized by:

R Lee Ellertson, Commissioner

 

 

RULE TEXT

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, 2002, edition are incorporated by reference.

2. 29 CFR 1908, July 1, 2001, is incorporated by reference.

3. 29 CFR 1904, July 1, 2001, is incorporated by reference.

4. FR Vol. 67, No. 126, Monday, July 1, 2002, Pages 44037 to and including 44048, "29 CFR Part 1904 Occupational Injury and Illness Recording and Reporting Requirements; Final Rule" is incorporated by reference.

5. FR Vol. 67, No. 216, Thursday, November 7, 2002, Pages 67949 to and including 67965, "Exit Routes, Emergency Action Plans, and Fire Protection Plans; Final Rule" is incorporated by reference.

6. FR Vol. 67, No. 242, Tuesday, December 17, 2002, Pages 77165 to and including 77170, "Occupational Injury and Illness Recording Requirements: Final Rule" is incorporated by reference.

7. FR Vol. 68, No. 105, Monday, June 2, 2003, Pages 32637 to and including 32638, "29 CFR Part 1910.178 Powered Industrial Trucks; Final Rule" technical amendment in incorporated by reference.

8. FR Vol. 68, No. 125, Monday June 30, 2003, Pages 38601 to and including 38607, "29 CFR Part 1904 Occupational Injury and Illnesses Recording and Reporting Requirements; Final Rule" is incorporated by reference.

9. FR Vol. 68, No. 250, Wednesday, December 31, 2003, Pages 75776 to and including 75780, "Respiratory Protection for M. Tuberculosis"; Final Rule is incorporated by reference.

10. FR Vol. 69, No. 31, Tuesday, February 17, 2004, Pages 7351 to and including 7366, "Commercial Diving Operations"; Final Rule is incorporated by reference.

11. FR Vol. 69, No. 110, Thursday June 8, 2004, Pages 31880 to and including 31882, "29 CFR 1910/1926; "Mechanical Power-Transmission Apparatus; Mechanical Power Presses; Telecommunications; Hydrogen"; Final Rule; technical amendments Final Rule" is incorporated by reference.

12. FR Vol. 69, No. 149, Wednesday, August 4, 2004, Pages 46986 to and including 46994, "Controlled Negative Pressure REDON Fit Testing Protocol"; 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, 2002, edition is incorporated by reference.

2. FR Vol. 67, No. 177, Thursday, September 12, 2002, Pages 57722 to and including 57736, "Safety Standards for Signs, Signals, and Barricades; Final Rule" is incorporated by reference.

 

KEY: safety

[July 2,] 2004

Notice of Continuation November 25, 2002

34A-6