No. 29857 (Amendment): R614-1-4. Incorporation of Federal Standards

DAR File No.: 29857
Filed: 04/23/2007, 02:21
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to promote the safety of employees working with electric equipment in Utah workplaces. The proposed change does this by incorporating by reference standards recently established by the Federal Occupational Safety and Health Administration (OSHA) for the design and installation of electric equipment in places of employment.

Summary of the rule or change:

OSHA has concluded that electrical hazards in the workplace pose a significant risk of injury or death to employees. To address that risk, OSHA has promulgated regulations found in Subpart S of 29 CFR 1910, which are in turn drawn from standards established by the National Fire Protection Association (NFPA) and the National Electric Code (NEC) for the design and installation of electrical equipment. These new regulations constitute the first update to the installation requirements in the general industry electrical installation standards since 1981.

State statutory or constitutional authorization for this rule:

Title 34A, Chapter 6

This rule or change incorporates by reference the following material:

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

Anticipated cost or savings to:

the state budget:

Utah has previously adopted the applicable NEC. Consequently, the design and installation standards required by the proposed rule are already applicable in Utah, and enactment of the proposed rule will result in no additional costs or savings to the state budget, either in terms of compliance costs or enforcement costs.

local governments:

Utah has previously adopted the applicable NEC. Consequently, the design and installation standards required by the proposed rule are already applicable to local governments in Utah, and enactment of the proposed rule will result in no additional costs or savings to local government budgets.

other persons:

Utah has previously adopted the applicable NEC. Consequently, the design and installation standards required by the proposed rule are already applicable in Utah, and enactment of the proposed rule will result in no additional costs or savings to other persons.

Compliance costs for affected persons:

Because Utah has previously adopted the applicable NEC, the Labor Commission anticipates that those persons and entities subject to the proposed rule are already in compliance with its substantive provisions and will experience no additional compliance costs.

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

This proposed amendment incorporates new OSHA standards for electrical equipment in the workplace. However, the OSHA standards are based on standards that are already applicable in Utah as part of the NEC. Because compliance with the NEC will also satisfy the requirements of this proposed rule, this rule will have no fiscal impact on businesses. 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:

06/14/2007

This rule may become effective on:

06/22/2007

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.

6. FR Vol. 72, No. 30, Wednesday, February 14, 2007, Pages 7136 to and including 7221 "Electrical 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, 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: [January 23, ]2007

Notice of Continuation: November 25, 2002

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