No. 29282 (Amendment): R614-1-4. Incorporation of Federal Standards

DAR File No.: 29282
Filed: 11/30/2006, 08:08
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule amendment incorporates federal OSHA's rules limiting occupational exposure to hexavalent chromium. Exposure to hexavalent chromium is associated with increased risk of lung cancer, asthma, and damage to the nasal epithelial and skin. This rule amendment also incorporates federal OSHA's rules revising standards for testing roll-over protective structures used to protect employees who operate wheel-type tractors. The proposed rule provides equipment manufacturers with additional testing options without reducing employee protections. This rule amendment also incorporates federal OSHA's revisions to definitions and requirements governing the selection of respirators used by employees exposed to atmospheric contaminants. Proper respirator selection is an important component of an effective respiratory protection program. Further more, federal OSHA requires incorporation of these standards, or other standards that are equally effective, as a condition to continued financial support of Utah's occupational safety and health program.

Summary of the rule or change:

Hexevalent Chromium Standard: the proposed rule reduces the existing exposure limit for occupational exposure to hexavalent chromium by establishing an 8-hour time/weighted average exposure limit of 5 micrograms of hexavalent chromium per cubic meter of air. The proposed rule also includes provisions for exposure determination, preferred exposure control methods, worker protection, medical surveillance, record-keeping, and start-up dates for engineering controls. Roll-Over Protection Standard: the proposed rule incorporates federal OSHA rules that reinstate OSHA's pre-1996 standards regulating testing of roll-over protective structures. Specifically, these standards allow cold-temperature, impact, static, and dynamic testing options. The standards are applicable to Construction and Agricultural industries. Respirator Standard: the federal standards to be incorporated by this rule change include provisions that: a) add definitions and requirements for assigned protection factors (APF) and maximum use concentrations (MUC); b) supersede existing respirator selection provisions, except for the respirator selection provisions of the 1,3 butadiene standard; and c) provide critical information for selecting respirators.

State statutory or constitutional authorization for this rule:

Title 34A, Chapter 7

This rule or change incorporates by reference the following material:

71 FR 39, pages 10100 through 10385, "Occupational Exposure to Hexavalent Chromium"; 71 FR 39, pages 76979 to and including 77025, "Roll-Over Protection Structures"; and 71 FR 164, pages 50122 to and including 50192, "Assigned Protection Factors

Anticipated cost or savings to:

the state budget:

Hexevalent Chromium Standard: based on OSHA's evaluation of the fiscal impact of the proposed rule, the state will incur $3,000 in initial implementation costs and $180 per year in on-going expense. Roll-Over Protection Standard: the state is not engaged in the activities subject to this proposed rule, and the rule does not impose any additional costs on employers. Consequently, the rule will not result in any cost of savings to the state budget. Respirator Standard: very few state employees are subject to the proposed rule's respiratory protection standards. For most of the employees who are subject to the rule, the rule will not require any change to current respiratory protection. For a few employees, the proposed rule may require greater protection at an additional cost. However, for other employees, the proposed rule will require less stringent protection at lower cost. Consequently, the proposed rule amendment will not result in any aggregate increase of decrease to the state budget.

local governments:

Hexevalent Chromium Standard: based on OSHA's evaluation of the fiscal impact of the proposed rule, local government will incur $4,200 in initial implementation costs and $170 per year in on-going costs. Roll-Over Protection Standard: local governments are not engaged in the activities subject to this proposed rule, and the rule does not impose any additional costs on employers. Consequently, the rule will not result in any cost or savings to local governments. Respirator Standard: very few local government employees are subject to the proposed rule's respiratory protection standards. For most of the employees who are subject to the rule, the rule will not require any change to current respiratory protection. For a few employees, the proposed rule may require greater protection at an additional cost. However, for other employees the proposed rule will require less stringent protection at lower cost. Consequently, the proposed rule amendment will not result in any aggregate increase or decrease to the costs of local government.

other persons:

Hexevalent Chromium Standard: based on OSHA's evaluation of the fiscal impact of the proposed rule, employers in welding, electroplating, painting, and other related fields will incur $750,000 in initial implementation costs and $124,000 in annual ongoing costs. Employers in building construction, special trades and constructions of highways, streets, and bridges will incur $264,000 in initial implementation costs and $59,000 in annual ongoing costs. Roll-Over Protection Standard: the proposed rule does not impose any additional or more stringent requirements, but does provide additional options for roll-over testing protection. The rule will not result in any additional cost or savings to other persons. Respirator Standard: most employees do not work in jobs that require respiratory protection. In those occupations that do require such protection, the proposed rule will not generally require any change to current levels of protection. In some relatively unique situations, the proposed rule may have the effect of requiring greater protection, which may require the purchase of additional respiratory protective gear. However, for other employees, the proposed rule will allow use of less expensive protective equipment. On balance, the proposed rule amendment will not result in any aggregate costs of savings to other persons.

Compliance costs for affected persons:

Hexevalent Chromium Standard: approximately 1,900 general industry employees will be affected by the proposed rule. The average cost to employers for compliance with the proposed rule is $300 for initial implementation and less than $50 per year in ongoing annual costs. Approximately 660 construction industry employees will be affected by the proposed rule. The average cost to employers for compliance with the proposed rule is $400 for initial implementation and less than $90 per year in ongoing annual costs. Roll-Over Protection Standard: by providing additional testing options, this rule may marginally reduce manufacturing costs of wheel-type tractors. The rule imposes no additional compliance costs. Respirator Standard: respiratory protection required by this rule must be provided to employees by employers. In most cases, no additional protection will be required and there will be no compliance costs. In a small number of other cases, additional protective equipment may be required, at an estimated cost of $350 per affected employee.

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

Hexevalent Chromium Standard: the fiscal impact of this proposed rule on businesses will depend upon the nature of the business and the degree to which protections against exposure to hexavalent chromium have already been implemented. In instances where no protections are in place, compliance costs are estimated at $300 to $400 per affected employee. Counterbalancing these costs are long-term savings from reduction of lung cancer, asthma, and associated maladies caused by hexavalent chromium exposure. Roll-Over Protection Standard: the proposed rule's fiscal impact on business is limited to the possibility of reduced manufacturing costs of the subject equipment. Respirator Standard: the proposed rule makes only minor changes to existing standards for respiratory protection. These changes may increase business costs in some instances, but will reduce costs in other cases. Furthermore, the overall effect of the rule will reduce employer costs related to worker exposure to fumes and pollutants. When all these factors are considered, the proposed rule should have no fiscal impact on businesses.

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:

01/15/2007

This rule may become effective on:

01/23/2007

Authorized by:

Sherrie Hayashi, 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, 2005, edition are incorporated by reference.

2. 29 CFR 1908, July 1, 2005, is incorporated by reference.

3. 29 CFR 1904, July 1, 2005, is incorporated by reference.

4. FR Vol. 71, No. 39, Tuesday, February 28, 2006, Pages 10100 to and including 10385. "Occupational Exposure to Hexavalent Chromium; Final Rule" is incorporated by reference.

5. FR Vol. 71, No. 164, Thursday, August 24, 2006, Pages 50122 to and including 50192 "Assigned Protection Factors; 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, 2005, edition is incorporated by reference.

2. FR Vol. 71, No. 11, Wednesday, January 18, 2006, Pages 2879 to and including 2885, "Steel Erection: Slip Resistance of Skeletal Structural Steel; Final Rule" is incorporated by reference.

3. FR Vol. 71, No. 39, Tuesday, February 28, 2006, Pages 10100 to and including 10385. "Occupational Exposure to Hexavalent Chromium; Final Rule" is incorporated by reference.

4. FR Vol. 71, No. 39, Thursday, December 29, 2005, Pages 76979 to and including 77025, "Roll-Over Protection Structures (Direct Final Rule" is incorporated by reference.

5. FR Vol. 71, No. 164, Thursday, August 24, 2006, Pages 50122 to and including 50192 "Assigned Protection Factors; Final Rule" is incorporated by reference.

 

KEY: safety

Date of Enactment or Last Substantive Amendment: [May 2, 2006]2007

Notice of Continuation: November 25, 2002

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