Labor Commission, Occupational Safety and Health

Section R614-1-4

Incorporation of Federal Standards

Notice of Proposed Rule

(Amendment)

DAR File No.: 34260
Filed: 11/30/2010 10:19:28 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This purposes of this amendment to Utah's Occupational Safety and Health (UOSH) rules are: 1) to protect workers and other individuals involved in the use of cranes and derricks in construction activities; and 2) to satisfy the requirement of Subsection 34A-6-102(2) of the Utah Occupational Safety and Health Act that Utah's occupational safety and health standards be "as effective as" the standards established by federal OSHA.

Summary of the rule or change:

The proposed amendment incorporates recently-adopted federal OSHA standards for the use of cranes and derricks in construction activities. These standards address advances in the design of cranes and derricks, qualifications of employees operating them, and safety hazards in their operation. Specifically, the standards require employers to: 1) determine whether the ground can support the weight of the crane or derrick and its anticipated loads; 2) assess hazards in the work zone, such as power lines, other objects, and personnel; 3) inspect equipment for safe operating condition; and 4) train employees in the use of the crane or derrick.

State statutory or constitutional authorization for this rule:

• Title 34A, Chapter 6

This rule or change incorporates by reference the following material:

• Adds 29 CFR Part 1926: Cranes and Derricks in Construction; Final Rule, published by Office of the Federal Register, 08/09/2010

Anticipated cost or savings to:

the state budget:

UOSH's enforcement of the proposed amendment will be absorbed by existing personnel and will not result in additional cost or saving to the state budget. State construction projects involving use of cranes or derricks will experience minor cost increases as a result of the inspections, hazard assessments, and employee training required by the proposed amendment. These additional costs are expected to be de minimis because Utah law currently requires certification of crane and derrick operators, and most construction companies already undertake the inspections and hazard assessments required by the proposed amendment. Furthermore, any such costs will be offset by potential savings in insurance premiums and the avoidance of accident costs.

local governments:

Local governments have no administration or enforcement obligations under the proposed amendment. Local government construction projects involving use of cranes or derricks will experience minor cost increases as a result of the inspections, hazard assessments, and employee training that is required by the proposed amendment. These additional costs are expected to be de minimis because Utah law currently requires certification of crane and derrick operators, and most construction companies already undertake the inspections and hazard assessments required by the proposed amendment. Furthermore, any such costs will be offset by potential savings in insurance premiums and the avoidance of accident costs.

small businesses:

Small businesses that either use cranes or derricks in their business operations, or engage in construction projects where cranes or derricks will be used, may experience minor cost increases as a result of the inspections, hazard assessments, and employee training required by the proposed amendment. These additional costs are expected to be de minimis because Utah law currently requires certification of crane and derrick operators, and most construction companies already undertake the inspections and hazard assessments required by the proposed amendment. Furthermore, any such costs will be offset by potential savings in insurance premiums and the avoidance of accident costs.

persons other than small businesses, businesses, or local governmental entities:

Other persons will experience the same fiscal impact as described for small businesses. Specifically, those who use cranes or derricks in their business operations, or engage in construction projects where cranes or derricks will be used, may experience minor cost increases as a result of the inspections, hazard assessments, and employee training that is required by the proposed amendment. These additional costs are expected to be de minimis because Utah law currently requires certification of crane and derrick operators, and most construction companies already undertake the inspections and hazard assessments required by the proposed amendment. Furthermore, any such costs will be offset by potential savings in insurance premiums and the avoidance of accident costs.

Compliance costs for affected persons:

Based on OSHA's exhaustive evaluation of compliance costs nationwide, the Commission estimates that the total Utah cost for compliance with the proposed amendment will be approximately $1,000,000 annually, resulting from increased costs for duties related to ground conditions, worksite control, employee training, and power line compliance provisions. However, the anticipated savings from the proposed amendment are expected to exceed compliance costs by approximately 30%.

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

This proposed amendment adopts standards developed by stakeholders involved with construction cranes and derricks. The amendment's fiscal impact will include increased costs for inspection, hazard assessment and training, but these costs are expected to be outweighed by fiscal benefits that will result from adoption of the standards. Specifically, these benefits include reduced costs from personal injuries, down time, property damage and insurance premiums. Consequently, the Commission expects the proposed amendment to have a net positive fiscal impact on business.

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
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 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:

01/14/2011

This rule may become effective on:

01/21/2011

Authorized by:

Sherrie Hayashi, Commissioner

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, 2009, edition are incorporated by reference.

2. 29 CFR 1908, July 1, 2009, is incorporated by reference.

3. 29 CFR 1904, July 1, 2009, is incorporated by reference.

4. FR Vol. 75, No. 51. Wednesday, March 17, 2010, Pages 12681 to and including 12686 "Revising the Notification Requirements in the Exposure Determination Provisions of the Hexavalent Chromium Standards" Direct Final Rule" is incorporated by reference.

5. FR Vol. 75, No. 93. Friday, May 14, 2010. Pages 27188 to and including 27189 "Revising the Notification Requirements in the Expure Determination Provision of the Hexavalent Chromium Standards" Final rule,: confirmation of effective date" is incorporated by reference.

B. Construction Standards.

1. Section 29 CFR 1926.20 through the end of part 1926, of the July 1, 2009, edition is incorporated by reference.

2. FR Vol. 75, No. 51. Wednesday, March 17, 2010, Pages 12681 to and including 12686 "Revising the Notification Requirements in the Exposure Determination Provisions of the Hexavalent Chromium Standards" Direct Final Rule" is incorporated by reference.

3. FR Vol. 75, No. 93. Friday, May 14, 2010. Pages 27188 to and including 27189 "Revising the Notification Requirements in the Exposure Determination Provision of the Hexavalent Chromium Standards" Final rule,: confirmation of effective date" is incorporated by reference.

4. FR Vol. 75. No. 152. Monday, August 9, 2010. Pages 47906 to and including 48177 "29 CFR Part 1926 Cranes and Derricks in Construction:" Final rule, is incorporated by reference.

 

KEY: safety

Date of Enactment or Last Substantive Amendment: [October 22, 2010]2011

Notice of Continuation: November 2, 2007

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