No. 31102 (Amendment): R614-1-4. Incorporation of Federal Standards

DAR File No.: 31102
Filed: 04/01/2008, 01:57
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the proposed amendment is to clarify that, with certain exceptions, employers are required to pay for personal protective equipment (PPE) mandated by existing occupational safety and health standards. The proposed amendment will also maintain conformity between federal and Utah occupational safety and health standards.

Summary of the rule or change:

The proposed amendment to Section R614-1-4 incorporates newly adopted federal OSHA standards published in 29 CFR 1910 and 29 CFR 1926. These standards do not require employers to provide PPE where none has been required before. Instead, the new standards only direct that PPE, when it is required, must be paid for by the employer.

State statutory or constitutional authorization for this rule:

Title 34A, Chapter 6

This rule or change incorporates by reference the following material:

72 FR 64342 to and including 64430, "Employer Payment for Personal Protective Equipment Standard; Final Rule", November 15, 2007

Anticipated cost or savings to:

the state budget:

The proposed amendment will not result in any significant additional administration or enforcement costs to the Utah Occupational Safety and Health Division, nor will it generate any significant revenue from compliance penalties. In the state's capacity as an employer, the commission believes that the state has previously assumed responsibility to pay for required PPE. Consequently, the commission does not anticipate any costs or savings to the state budget.

local governments:

The commission believes that, as is the case with state government, local governments have already assumed responsibility to pay for PPE required by their employees. Consequently, the commission does not anticipate any costs or savings to local government budgets.

small businesses and persons other than businesses:

It appears that most small businesses have already assumed responsibility to pay for required PPE and will not incur any additional costs or savings as a result of the proposed amendment. Furthermore, federal economic analysis indicates a de minimis aggregate cost from this amendment, which cost will be offset from gains in productivity and reductions in injuries.

Compliance costs for affected persons:

Studies conducted by the federal Department of Labor indicate that employers are already paying for 95% of required PPE. Thus, the vast majority of employers will experience little, if any, additional compliance costs if this amendment is adopted. For the small minority of employers who are not currently paying for required PPE, compliance costs will vary depending on their business activities involved. However, unit costs of PPE are relatively modest. For example, hardhats, safety glasses, and gloves can be purchased for less than $10. More expensive items of PPE, such as welding helmets or fall protection harnesses, lanyards, and belts cost less than $100.

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

As already noted, studies indicate that employers are currently paying for 95% of required PPE. Employers have accepted this responsibility for a variety of reasons, including a desire to maintain productivity by avoiding preventable injuries, labor-management agreements, workers' compensation cost control, and the desire to insure the quality and proper maintenance of PPE. This reflects a judgment among businesses that employer-paid PPE leads to greater use of the protective equipment and results in increased productivity and decreased injury costs. The commission concurs with this business judgment and believes that costs of compliance will be offset by reduced injury rates and increased production. 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:

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:

05/15/2008

This rule may become effective on:

05/22/2008

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, 2007, edition are incorporated by reference.

2. 29 CFR 1908, July 1, 2007, is incorporated by reference.

3. 29 CFR 1904, July 1, 2007, is incorporated by reference.

4. FR Vol. 72, No. 30, Wednesday, February 14, 2007, Pages 7136 to and including 7221 "Electrical Standard; Final Rule" is incorporated by reference.

5. FR Vol. 72, No. 220, Thursday, November 15, 2007, Pages 64342 to and including 64430 "Employer Payment for Personal Protective Equipment Standard; 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, 2007, edition is incorporated by reference.

2. FR Vol. 72, No. 220, Thursday, November 15, 2007, Pages 64342 to and including 64430 "Employer Payment for Personal Protective Equipment Standard; Final Rule" is incorporated by reference.

 

KEY: safety

Date of Enactment or Last Substantive Amendment: [June 22, 2007]2008

Notice of Continuation: November 2, 2007

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