No. 28013 (Amendment): R614-1-4. Incorporation of Federal Standards

DAR File No.: 28013
Filed: 06/13/2005, 07:46
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The federal Occupational Safety and Health Administration (OSHA) recently granted a variance permitting alternative methods of performing work on tall chimneys. This proposed amendment to Utah occupational safety and health regulations incorporates the federal variance.

 

Summary of the rule or change:

The proposed amendment incorporates by reference 69 FR 153/Tuesday, August 10, 2004, pages 48754 through 48760, "Alberici Mid-Atlantic, LLC, et al., Application for Permanent Variance and Interim Order, Grant of Interim Order, and Request for Comments; Notice." This variance applies to employers engaged in construction, remodeling, repairing, maintaining, inspecting, or demolishing tall chimneys made of reinforced concrete, brick and steel. The variance allows use of certain hoist systems, including personnel cages, personnel platforms and boatswains' chairs, to transport employees to various heights inside and outside a chimney. The variance also allows attachment of a hopper or concrete bucket to the hoist system to raise or lower material inside or outside a chimney.

 

State statutory or constitutional authorization for this rule:

Title 34A, Chapter 6

 

This rule or change incorporates by reference the following material:

69 FR 153/Tuesday, August 10, 2004, Pages 48754 to and including 48760, "Alberici Mid-Atlantic, LLC, Commonwealth Dynamics, Inc., and R and P Industrial Chimney Co. Inc., Application for Permanent Variance and Interim Order, Grant of Interim Order, and request for Comments; Notice"

 

Anticipated cost or savings to:

the state budget:

There will be no increase to the state budget as a result of enforcing or regulating this variance. The substantive provisions of the variance will have no impact on the state budget because the state is not engaged in performing work on the types of tall chimneys that are subject to this proposed amendment.

 

local governments:

The substantive provisions of the variance will have no impact on local governments' budgets because local governments are not engaged in performing work on the types of tall chimneys that are subject to this proposed amendment.

 

other persons:

By providing alternative means to safely transport employees and materials necessary for work on tall chimneys, the proposed amendment will reduce the cost of such work. The precise amount of savings has not been quantified.

 

Compliance costs for affected persons:

This amendment does not impose any new compliance requirements. Consequently, there are no compliance costs associated with this amendment. However, by providing a choice of techniques to employers, the rule will permit a reduction in compliance costs.

 

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

OSHA evaluation of this proposal indicates it is safe and, at least in some applications, cost effective. Furthermore, employers are not obligated to use the methods identified in the variance. They may instead continue to use other methods already permitted by regulation. Under these circumstances, the proposed amendment will not have any adverse fiscal impact on businesses. R. Lee Ellertson, 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:

08/01/2005

 

This rule may become effective on:

08/02/2005

 

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.

3. FR Vol. 69, No. 153, Tuesday, August 10, 2004, Pages 48754 to and including 48760, "Alberici Mid-Atlantic, LLC, Commonwealth Dynamics, Inc., and R and P Industrial Chimney Co. Inc., Application for Permanent Variance and Interim Order, Grant of Interim Order, and Request for Comments; Notice"; is incorporated by reference.

 

KEY: safety

[December 2, 2004]2005

Notice of Continuation November 25, 2002

34A-6