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),

[[Page 3885]]

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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