Administrative Rule Review Report #AR07-055
Legislative Service Office
08-Oct-07
AGENCY: Department of Employment, Occupational Health and Safety Division.
DATE SUBMITTED: September 27, 2007.
SUBJECT: General Rules 1910 Subpart S, Subpart F, Chapter 7, Practice and Procedure.
NATURE OF RULES: Legislative, procedural.
STATUTORY AUTHORITY: W.S. 27-11-105.
DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO: Apparently complete to date.
SUMMARY OF RULES: The rules in Subpart S deal with design safety standards for electrical systems. The existing rules related to those design safety standards are deleted and replaced with new rules to reflect the changes made by the Occupational Safety and Health Administration related to the electrical installation standard in the corresponding sections of 29 CFR 1910. The definitions are also deleted and replaced with the new definitions as adopted by the Occupational Safety and Health Administration.
The rules in Subpart F deal with powered work platforms. The changes reflect the changes made in the corresponding sections of 29 CFR 1910 by changing references to the 1971 National Electrical code to instead reference Subpart S as amended. In addition, two provisions are repealed, 1910.69 was a reference section with obsolete references and 1910.70 was a list of consensus organizations.
The proposed rule change for Chapter 7 deals with complaints made by an employee related to the act. An employee may not be fired or discriminated against for reporting a work-related injury or illness, the amendment provides an example of a complaint that would be considered to be related to the act.
FINDINGS: The rules appear to be within the scope of statutory authority and legislative intent.
STAFF RECOMMENDATION: That the rules be placed on the Consent List and be approved by the Council as submitted by the Department.
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Joshua Anderson
Research Associate
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Dan J. Pauli
Director
JDA/