Administrative Rule Review Report  #AR07-015

Legislative Service Office

9-Mar-07

AGENCY: Department of Employment, Workers' Compensation Division.

DATE SUBMITTED: February 9, 2007.

SUBJECT: 1910 and 1926, Roll-Over Protective Structures, Amendment to the Steel Erection and the Respiratory Protection Rules.

NATURE OF RULES:                   Legislative and procedural.

STATUTORY AUTHORITY:        W.S. 27-11-105(b)(i) and (ii)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:           Apparently complete to date.

SUMMARY OF RULES:      The Department of Employment has revised the rules of the Occupational Safety and Health program within the Workers' Safety and Compensation Division.  The Agency's Statement of Reasons provides an accurate and complete description of the rule changes, which cover the following areas.

            1.  Sections 1910 and 1926, Subpart Z.  Revised standards for occupational exposure to hexavalent chromium, with corresponding testing and procedural changes, updating of citations and repeal of obsolete provisions.  W.S. 27-11-105(b)(ii)(C) requires that the state program's rules be no more stringent than corresponding federal OSHA rules.  The purpose of this amendment is to align state rules with amended federal rules;

            2  Sections 1926.1002 and 1003 regarding rollover protective structures.  The agency is reinstating a rule that it had previously rescinded and replaced with an incorporation of a national consensus standard;

            3.  Section 1926.754 regarding slip resistance of skeletal structural steel.  The agency is rescinding a testing standard that it has determined is unworkable and cannot be validated;

            4.  Section 1910.134 regarding respiratory protection standards.  The agency is adding definitions and criteria for the "Assigned Protection Factors" and "Maximum Use Concentrations" which are used to select the appropriate respirator for the workplace.

FINDINGS:    These rules appear to be within the scope of statutory authority and legislative intent.  Compliance with federal law has not been determined as it is assumed the Attorney General has provided such review.

Administrative Rule Review Report  #AR05-038

Legislative Service Office

09-Mar-07

Page 2

STAFF RECOMMENDATION:       That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

NOTE:  Due to the length of the proposed rules, a copy is not attached to this report.  The complete set of rules in on file with the LSO and is available for review upon request.

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Gerald W. Laska

Staff Attorney

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David K. Gruver

Assistant Director

GWL/