No. 27147 (Amendment): R614-1-4. Incorporation of Federal Standards

DAR File No.: 27147
Filed: 05/12/2004, 11:36
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This proposed amendment provides adequate safety protections for Utah workers and in order to maintain federal acceptance and funding of the Utah Occupational Safety and Health Division, Utah's occupational safety and health program must be "as effective as" federal Occupational Safety and Health Administration. To that end, the Commission is required to enact the proposed amendment to Section R614-1-4, which incorporates recently enacted federal standards for 1) respiratory protection for tuberculosis, and 2) commercial diving operations. Respiratory protection for tuberculosis: Application of this standard is limited to establishments in the health services industry that follow Center For Disease Control Guidelines and provide respiratory protection for employees potentially exposed to tuberculosis. Commercial diving operations: Application of this standard will allow employers of recreational diving instructors and diving guides to expand operations to include "Nitrox" diving because they will no longer be required to maintain a decompression chamber at the dive site.

 

Summary of the rule or change:

Respiratory protection for tuberculosis: The proposed amendment incorporates by reference the federal rule published in the Federal Register, Vol. 68, No. 250, Wednesday, December 31, 2003, pp. 75776 through 75780, "Respiratory Protection for M. Tuberculosis; Final Rule." In effect, the amendment revokes a previously-adopted federal standard ("Respiratory Protection for M. Tuberculosis, 29 CFR 1910.139). As a result, the Utah Occupational Safety and Health Division will apply the General Industry Respiratory Protection Standard (29 CFR 1910.134) to provide respiratory protection against tuberculosis. Commercial diving operations: The proposed amendment incorporates by reference the federal rule regarding commercial diving operations published in the Federal Register at Vol 69. No. 31, Tuesday, February 17, 2004, pp. 7351 through 7366, "Commercial Diving Operations; Final Rule." This rule allows employers of recreational diving instructors and diving guides to comply with an alternative set of requirements instead of the decompression chamber requirements in the current standards.

 

State statutory or constitutional authorization for this rule:

Title 34A, Chapter 6

 

This rule or change incorporates by reference the following material:

68 FR 75776 to 75780 (December 31, 2003); and 69 FR 7351 to 7366 (February 17, 2004)

 

Anticipated cost or savings to:

the state budget:

Respiratory protection for tuberculosis: The proposed amendment will not increase or lessen the Division's costs of enforcement and will result in no costs or savings to the State budget in that regard. With respect to the State's compliance with the proposed rule's new tuberculosis protection standards, the cost per covered employee is estimated at $300. Commercial diving operations: The proposed amendment will not increase or lessen the Division's costs of enforcement and will result in no costs or savings to the State budget in that regard. The Commission is unaware of any State activities that are covered by this standard. Consequently, the proposed rule's standard for commercial diving operations is not anticipated to result in any cost or savings to the State Budget.

 

local governments:

Respiratory protection for tuberculosis: With respect to local government compliance with the proposed rule's new tuberculosis protection standards, the cost per covered employee is estimated at $300. Commercial diving operations: The Commission is unaware of any local government activities that are covered by this standard. Consequently, the proposed rule's standard for commercial diving operations is not anticipated to result in any cost or savings to local government budgets.

 

other persons:

Respiratory protection for tuberculosis: While application of this proposed rule is limited to the health services industry, the Commission recognizes it may cover a large number of employees in hospitals, nursing homes, correctional facilities or substance abuse treatment centers. The Commission cannot determine the number of employees subject to the requirement, but at an estimated cost of $300 per covered employee, compliance costs will be substantial. Commercial diving operations: The proposed rule applicable to commercial diving operations will result in an estimated savings of $500 per site. The Commission believes there are fewer than 10 such operations within Utah resulting in an aggregate reduction of compliance costs of $5,000.

 

Compliance costs for affected persons:

Respiratory protection for tuberculosis: With respect to affected persons' compliance with the proposed rule's new tuberculosis protection standards, the cost per covered employee is estimated at $300. Commercial diving operations: The Commission estimates that commercial diving operations subject to the proposed rule's new standards will save $500 in compliance costs per location.

 

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

Respiratory protection for tuberculosis: As noted above, at an estimated cost of $300 per covered employee, compliance costs for large health care employers will be substantial. The Commission has been advised by one such health care provider that objections to the federal rule, on which this proposed amendment is based, have been filed with the United States Department of Labor. However, unless and until the federal rule is modified or revoked, the Commission is required to adopt equivalent standards. Commercial diving operations: By lowering compliance costs, the proposed rule applicable to commercial diving operations should have a positive fiscal impact on such 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:

07/01/2004

 

This rule may become effective on:

07/02/2004

 

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.

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

[June 3, 2003]2004

Notice of Continuation November 25, 2002

34A-6