DAR File No. 28548

Labor Commission, Occupational Safety and Health

R614-1-4

Incorporation of Federal Standards

NOTICE OF PROPOSED RULE

DAR File No.: 28548
Filed: 03/10/2006, 11:34
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment incorporates recent changes to the federal Occupational Safety and Health Administration (OSHA) regulations regarding steel erection. In particular, the new OSHA regulation eliminates a prior requirement that skeletal steel surfaces be coated with a slip-resistant covering. OSHA itself has never enforced this requirement and is now repealing the requirement because no satisfactory slip-resistant coatings are actually available for use.

Summary of the rule or change:

This amendment incorporates by reference federal OSHA's final rule: Slip Resistance of Skeletal Structural Steel, (71 FR 2879 through 2885), which removes what was formerly Section 1926.754, paragraph (c)(3), as well as Appendix B, Subpart R, thereby repealing the requirement that skeletal steel surfaces be coated with slip-resistance coverings.

State statutory or constitutional authorization for this rule:

Title 34A, Chapter 6

71 FR 2879 through 2885, "Steel Erection: Slip Resistance of Skeletal Structural Steel; Final Rule"

Anticipated cost or savings to:

the state budget:

Although this amendment removes the requirement for use of slip-resistant coatings on skeletal steel surfaces, that requirement has not been implemented in the construction industry or enforced by regulatory agencies, simply because no suitable slip-resistant coatings exist. Consequently, there will be no cost or savings to the state budget, either with respect to state-financed construction projects or with respect to costs of regulatory enforcement.

local governments:

Although this amendment removes the requirement for use of slip-resistant coatings on skeletal steel surfaces, that requirement has not been implemented in the construction industry or enforced by regulatory agencies, simply because no suitable slip-resistant coatings exist. Consequently, there will be no cost or savings to local government with respect to their construction projects.

other persons:

Although this amendment removes the requirement for use of slip-resistant coatings on skeletal steel surfaces, that requirement has not been implemented in the construction industry or enforced by regulatory agencies, simply because no suitable slip-resistant coatings exist. Consequently, there will be no cost or savings to other persons.

Compliance costs for affected persons:

This amendment removes an existing, but unenforced, requirement regarding skeletal steel construction. The amendment imposes no affirmative obligations on affected persons. Therefore, the amendment imposes no compliance costs on affected persons.

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

This amendment removes OSHA's former regulatory requirement that slip-resistant coatings be used in skeletal steel construction. OSHA is removing this requirement because no appropriate slip-resistant coatings actually exist. For that same reason, the construction industry has never implemented the requirement. Because the former requirement was never implemented or enforced, repeal of the requirement will have no fiscal impact on business. 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:

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 wadams@utah.gov

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:

05/01/2006

This rule may become effective on:

05/02/2006

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, 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.

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.

KEY: safety

Date of Enactment or Last Substantive Amendment: [August 2, 2005]2006

Notice of Continuation: November 25, 2002

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

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact William Adams at the above address, by phone at 801-530-6897, by FAX at 801-530-7606, or by Internet E-mail at wadams@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.