[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1952.110]

[Page 32-33]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR (CONTINUED)
 
PART 1952_APPROVED STATE PLANS FOR ENFORCEMENT OF STATE STANDARDS
--Table of Contents
 
                             Subpart E_Utah
 
Sec. 1952.110  Description of the plan as initially approved.


    (a) The plan identifies the Utah State Industrial Commission as the 
State agency designated to administer the plan throughout the State. It 
defines the covered occupational safety and health issues as defined by 
the Secretary of Labor in 29 CFR 1902.2(c)(1). The plan states that the 
Utah Industrial Commission currently is exercising statewide inspection 
authority to enforce many State standards. It describes procedures for 
the development and promulgation of additional safety standards, rule 
making power for enforcement of standards, laws, and orders in all 
places of employment in the State; the procedures for prompt restraint 
or elimination of imminent danger conditions; and procedures for 
inspection in response to complaints. The plan includes proposed draft 
legislation to be considered by the Utah Legislature during its 1973 
session amending title 35, chapter 1 of the Utah State Code and related 
provisions, to bring them into conformity with the requirements of part 
1902. Under this legislation all occupational safety and health 
standards and amendments thereto which have been promulgated by the 
Secretary of Labor, except those found in 29 CFR 1910.13, 1910.14, 
1910.15, and 1910.16 (ship repairing, shipbuilding, shipbreaking, and 
longshoring) will, after public hearing by the Utah agency be adopted 
and enforced by that agency. The plan sets forth a timetable for the 
proposed adoption of standards. The legislation will give the Utah 
Industrial Commission full authority to administer and enforce all laws, 
rules, and orders protecting employee safety and health in all places of 
employment in the State. It also proposes to bring the plan into 
conformity in procedures for providing prompt and effective standards 
for the protection of employees against new and unforeseen hazards and 
for furnishing information to employees on hazards, precautions, 
symptoms, and emergency treatment; and procedures for variances and the 
protection of employees from hazards. The proposed legislation will 
ensure employer and employee representatives an opportunity to accompany 
inspectors and call attention to possible violations before, during, and 
after inspections; protection of employees against discharge

[[Page 33]]

or discrimination in terms and conditions of employment; notice to 
employees of their protections and obligations; adequate safeguards to 
protect trade secrets; prompt notice to employers and employees of 
alleged violations of standards and abatement requirements; effective 
sanctions against employers; and employer's right to review alleged 
violations, abatement periods, and proposed penalties with opportunity 
for employee participation in the review proceedings.
    (b) Included in the plan is a statement of the Governor's support 
for the proposed legislation and a statement of legal opinion that it 
will meet the requirements of the Occupational Safety and Health Act of 
1970, and is consistent with the Constitution and laws of Utah. The plan 
sets out goals and provides a timetable for bringing it into full 
conformity with part 1902 of this chapter upon enactment of the proposed 
legislation by the State legislature.
    (c) The plan includes the following documents as of the date of 
approval:
    (1) The plan with appendixes.
    (2) A letter from Carlyle F. Gronning, Chairman of the Utah 
Industrial Commission to the Office of State Programs with an attached 
memo sheet of clarifications dated October 27, 1972.
    (3) A letter from Carlyle F. Gronning to the Office of State 
Programs dated December 3, 1972, clarifying issues raised in the plan 
review.
    (4) A letter from Carlyle F. Gronning to the Office of Federal and 
State Operations dated December 11, 1972, clarifying the remaining 
issues raised in the review process.

[38 FR 1179, Jan. 10, 1973, as amended at 50 FR 28780, July 16, 1985]