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• Publication Date: 01/19/1995
• Publication Type: Notice
• Fed Register #: 60:3884-3885
• Title: Wyoming State Standards; Notice of Approval

DEPARTMENT OF LABOR

Wyoming State Standards; Notice of Approval

Background

Part 1953 of Title 29, Code of Federal Regulations, prescribes procedures under Section 18 of the Occupational Safety and Health Act of 1970 (hereinafter called the Act) by which the Regional Administrator for Occupational Safety and Health (hereinafter called the Regional Administrator) under delegation of authority from the Assistant Secretary of Labor for Occupational Safety and Health (hereinafter called the Assistant Secretary), (29 CFR 1953.4) will review and approve standards promulgated pursuant to a state Plan which has been approved in accordance with Section 18(c) of the Act and 29 CFR Part 1902. On May 3, 1974, notice was published in the Federal Register (39 FR 15394) of the approval of the Wyoming Plan and adoption of Subpart BB to Part 1952 containing the decision.

The Plan provides for the adoption of Federal Standards as State Standards By: (1) Advisory Committee coordination; (2) Publication in newspapers of general/major circulation with a 45-day waiting period for public comment and hearings; (3) Adoption by the Wyoming Health and Safety Commission; (4) Review and approval by the Governor; (5) Filing with Secretary of State and designation of an effective date.

OSHA regulations (29 CFR 1953, 22 and 23) require that States respond to the adoption of new or revised permanent Federal Standards by State promulgation of comparable standards within six months of OSHA publication in the Federal Register, and within 30 days for emergency temporary standards. Although adopted State Standards or revisions to standards must be submitted for OSHA review and approval under procedures set forth in Part 1953, they are enforceable by the State prior to Federal review and approval.

By letter received May 1, 1994 from Stephan R. Foster. OSHA Program Manager, Wyoming Department of Employment, Division of Employment Affairs-OSHA to Byron R. Chadwick, OSHA Regional Administrator, the State submitted rules and regulations in response to the following General Industry Standards, 29 CFR 1910.1000 Air Contaminants Rule 58 FR 35340, 6/30/93; 29 CFR 1910.1001 Asbestos (revision) 57 FR 24330, 29 CFR 1910.1048 Occupational Exposure to Formaldehyde Final Rule (amendments) 57 FR 22307, 6/27/92; 29 CFR 1910.1027 Occupational Exposure to Cadmium Final Rule, 57 FR 42389, 29 CFR 1910.146 Permit- Required confined Space, 58 FR 4549 29 CFR 1910.1450 Occupational Exposure to Hazardous Chemicals in Laboratories (correction) 57 FR 29204 7/1/92; and 29 CFR 1910.1050 Occupational Exposure to 4,4,Methylenedianiline (MDA) Final rule 57 FR 35666 8/10/92.

The above adoptions of federal standards have been incorporated in the State Plan and are contained in the Wyoming Occupational Health and Safety Rules and Regulations (General), as required by Wyoming Statute 1977, Section 27-11-105 (a) (viii).

State Standards for 29 CFR 1910.1000 Air Contaminants corrections; was adopted by the Health and Safety Commission of Wyoming on November 19, 1993 (effective 1/4/94); State Standards for 29 CFR 1910.1001 Asbestos revision; was adopted 8/14/92 (effective 10/13/92); State standards for 29 CFR 1910.1048 Occupational Exposure to Formaldehyde Final Rule Amendments was adopted 8/14/92 (effective 10/13/92); State Standards for 29 CFR 1910.1027 Occupational Exposure to Cadmium Final Rule corrections adopted 2/19/93 (effective 4/12/93); State Standard for 29 CFR 1910.146 Permit-required Confined Space adopted 5/21/93 (effective 7/22/93); State Standard for 29 CFR 1910.1450 Occupational Exposure to Hazardous Chemicals in Laboratories correction was adopted 11/06/92 (effective 1/4/93); State Standards for 29 CFR 1910.1050 Occupational Exposure to 4,4, Methylenedianiline (MDA) Final Rule amendments was adopted 11/6/92 (effective 1/4/93).

Decision

The above State Standards have been reviewed and compared with relevant Federal Standards, and OSHA has determined that the State Standards are at least as effective as the comparable Federal Standards, as required by Section 18(c)(2) of the Act. OSHA has also determined that the differences between the State and Federal Standards are substantially identical. OSHA therefore approves these Standards. However, the right to reconsider this approval is reserved should substantial objections be submitted to the Assistant Secretary.

Location of Supplement for Inspection and Copying

A copy of the Standards Supplements, along with the approved Plan, may be inspected and copied during normal business hours at the following locations: Office of the Regional Administrator, 1999 Broadway Suite 1690, Denver, Colorado 80202-5716; the Department of Employment, Division of Employment Affairs-OSHA, Herschler Building, 2nd Floor East, 122 West 25th Street, Cheyenne, Wyoming 82002; and the Office of State Programs, Room N-3700, 200 Constitution Avenue, N.W., Washington, D.C. 20210.

Public Participation

Under 29 CFR 1953.2(c), the Assistant Secretary may prescribe alternative procedures, or show any other good cause consistent with applicable laws, to expedite the review process. The Assistant Secretary finds that good cause exists for not publishing the supplements to the Wyoming State Plan as a proposed change and makes the Regional Administrator's approval effective upon publication for the following reason(s): The standards were adopted in accordance with the procedural requirements of State Law which include public comment, and further public participation would be repetitious. This decision is effective January 19, 1995 (Sec. 18, Public Law 91-596, 84 Stat. 1608 [29 U.S.C. 6671].)

Signed at Denver, Colorado this 9th day of September, 1994.

Gregory J. Baxter,
Deputy Regional Administrator, VIII.

[FR Doc. 95-1330 Filed 1-18-95; 8:45 am]


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