Utah State Plan

Utah State Plan

Utah State Plan

[Utah State Plan Website]
Overview
  • Initial Approval: January 10, 1973 (38 FR 1179)
  • State Plan Certification: November 19, 1976 (41 FR 51016)
  • 18(e) Final Approval: July 16, 1985 (50 FR 28780), amended on Jan. 17, 1997 (62 FR 2560),
    June 9, 2000 (65 FR 36620), and June 29, 2006 (71 FR 36990)

The Utah Division of Occupational Safety and Health (UOSH) is part of Utah's Labor Commission. There is one UOSH office that covers the entire state which is centrally located in Salt Lake City.

Coverage

The Utah State Plan applies to private sector workplaces in the state with the exception of:

  1. Maritime employment, including shipyard employment, marine terminals, and longshoring;
  2. Contract workers and contractor-operated facilities engaged in United States Postal Service (USPS) mail operations;
  3. Employment on Hill Air Force Base;
  4. Employment at the United States Department of Energy's (DOE) Naval Petroleum and Oil Shale Reserve to the extent that it remains a U.S. DOE facility;
  5. Employment at the Tooele Army Depot which includes the Tooele Chemical Demilitarization Facility;
  6. The enforcement of the field sanitation standard, 29 CFR 1928.110, and the enforcement of the temporary labor camps standard, 29 CFR 1910.142, with respect to any agricultural establishment where workers are engaged in “agricultural employment” – within the meaning of the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1802(3) – regardless of the number of workers. This includes workers engaged in hand packing of produce into containers (whether done on the ground, on a moving machine, or in a temporary packing shed); however, Utah retains enforcement responsibility over agricultural temporary labor camps for workers engaged in egg, poultry, or red meat production, or the post-harvest processing of agricultural or horticultural commodities.

Any hazard, industry, geographical area, operation or facility over which the state is unable to effectively exercise jurisdiction for reasons not related to the required performance or structure of the plan shall be deemed to be an issue not covered by the plan and subject to federal enforcement. The Utah State Plan covers private sector and state and local government workers. UOSH does not cover federal government employers including USPS. Federal OSHA covers the issues not covered by the Utah State Plan with the exception of the enforcement of the field sanitation standard and the temporary labor camp standard for the operations not covered by UOSH.

The Wage and Hour Division of the U.S. Department of Labor enforces those standards with respect to the operations not covered by UOSH. In addition, federal OSHA retains enforcement of the anti-retaliation provision of the Occupational Safety and Health Act of 1970, Section 11(c), 29 USC 660(c), with respect to the private sector. The State Plan also investigates private and state and local government workplace retaliation cases under a provision analogous to Section 11(c).

A brief summary of the Utah State Plan is included in the Code of Federal Regulations 29 CFR 1952.3. Federal OSHA retains the authority to promulgate, modify, or revoke occupational safety and health standards under Section 6 of the OSH Act. In the event that federal OSHA resumes enforcement, those federal standards will be enforced. Federal OSHA also retains the authority to monitor the State Plan under Section 18(f) of the OSH Act.

State Plan Standards

While UOSH adopts most federal standards, it periodically supplements federal standards with additional requirements. These supplements are placed in the Utah Administrative Code, Title R614, and additional information can be found at the Utah State Plan website. Utah has unique standards in the following areas:

General Industry

  • Rail Tracks
  • Elevators, Escalators, Aerial Trams, Manlifts, Workers’ Hoists
  • Flammable and Other Hazardous Liquids
  • Explosives and Blasting Agents
  • Processes and Equipment Involving the Use of Filters
  • Flammable Solids
  • Personal Protective Equipment
  • Lockouts and Tagging
  • Emergency Response
  • Crawler Locomotive and Truck Cranes
  • Conveyors
  • Centrifuges
  • Window Cleaning
  • Foundries
  • House and Building Moving
  • Meat, Food, and Tobacco Processing and Packing
  • Drilling Industries (Other than Oil and Gas)
  • Motor Vehicle Transportation of Workers
  • Worker Intoxication
  • Oil and Gas Drilling, Servicing, and Production

Construction

  • Grizzlies Over Chutes, Bins, and Tank Openings
  • Cranes and Derricks
  • Roofing Operations
  • Asphalt Mixing and Rock Crushing Operations

Agriculture

  • Slow-Moving Vehicles
  • Roll-Over Protective Structures (ROPS) for Agricultural Tractors
  • Guarding of Farm Field Equipment, Farmstead Equipment
  • Field Sanitation
  • Walking-Working Surfaces
  • Flammable and Other Hazardous Liquids; Combustible Substances
  • Personal Protective and Lifesaving Equipment
  • Labor Camp Sanitation
  • Confined Space Entry
  • Medical Services and First Aid
  • Electrical Hazards
  • Toxic Substances
  • Pesticides
Enforcement Programs

UOSH is responsible for the enforcement of occupational safety and health standards. The UOSH Field Operation Manual and Policy and Procedures Manual provides guidance for the enforcement program. Compliance officers inspect workplaces for hazardous conditions and issue citations where violations of Utah OSHA regulations are found. Inspections may be the result of: regular scheduling, imminent danger reports, fatalities, accidents, worker complaints or referrals. Inspections in Utah are scheduled using industrial accidents data and emphasis programs. More information on enforcement in Utah can be found on the Utah State Plan website.

Voluntary and Cooperative Programs

UOSH offers voluntary and cooperative programs that focus on reducing worker injuries, illnesses, and fatalities. UOSH also offers on-site consultation services which help employers comply with occupational safety and health standards and identify and correct potential safety and health hazards. These consultation services are offered without citations or penalties to private sector employers as well as state and local government entities. In the private sector priority is given to small businesses and businesses in high-hazard industries. These services are confidential and offered only at the employer's request. For more information about these programs and other services available, please visit the Utah State Plan website.

Informal Conferences and Appeals

Informal conferences are conducted in the UOSH office in an effort to resolve cases. Employers in Utah have 30 days to submit a written notification to the Adjudication Division of their intent to contest citations and/or penalties. Cases are assigned to an Administrative Law Judge (ALJ). Decisions of the ALJ may be appealed to the Commissioner unless the appeal is requested to be heard before the Labor Commission Appeals Board. More information on these processes can be found on the Utah State Plan website.

Contact Information

Utah Labor Commission
  • 160 East 300 South
  • P.O. Box 146600
  • Salt Lake City, Utah 84114-6600
  • (801) 530-6800
  • (801) 530-6044
  • Sherrie Hayashi, Commissioner
  • (801) 530-6800

Utah Occupational Safety and Health (Utah OSHA)
  • Chris Hill, Division Director
  • (801) 530-6898
  • (801) 530-6992
  • Holly Lawrence, Section Chief (for Enforcement)
  • (801) 530-6494
  • (801) 530-7606
  • Kate McNeill, Section Chief (for Consultation)
  • (801) 530-6868
  • (801) 530-6992
  • Daniel King, Health and Safety Supervisor
  • (801) 530-6903
  • (801) 530-7606
  • Mike Dalpaiz, Health and Safety Supervisor
  • (801) 530-6437
  • (801) 530-7606

Disclaimer

OSHA makes every effort to ensure that this webpage is accurate and up-to-date; however, for the latest information please contact the State Plan directly.

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