[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1952.114]

[Page 35-36]
 
                             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. 1952.114  Final approval determination.

    (a) In accordance with section 18(e) of the Act and procedures in 29 
CFR part 1902, and after determination that the State met the ``fully 
effective'' compliance staffing benchmarks as revised in 1984 in 
response to a Court Order in AFL-CIO v. Marshall (CA 74-406), and was 
satisfactorily providing reports to OSHA through participation in the 
Federal-State Unified Management Information System, the Assistant 
Secretary evaluated actual operations under the Utah State plan for a 
period of at least one year following certification of completion of 
developmental steps (41 FR 51014). Based on the 18(e) Evaluation Report 
for the period of October 1, 1982 through March 31, 1984, and after 
opportunity for public comment, the Assistant Secretary determined that 
in operation the State of Utah's occupational safety health program is 
at least as effective as the Federal program in providing safe and 
healthful employment and places of employment and meets the criteria for 
final State plan approval in section 18(e) of the Act and implementing 
regulations at 29 CFR part 1902. Accordingly, the Utah plan was granted 
final approval and concurrent Federal enforcement authority was 
relinquished under section 18(e) of the Act effective July 16, 1985.
    (b) Except as otherwise noted, the plan which has received final 
approval covers all activities of employers and all places of employment 
in Utah. The plan does not cover private sector maritime employment; 
employment on Hill Air Force Base; Federal government employers and 
employees; the U.S. Postal Service (USPS), including USPS employees, and 
contract employees and contractor-operated facilities engaged in USPS 
mail operations; 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 
employees 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 employees, including 
employees engaged in hand packing of produce into containers, whether 
done on the ground, on a moving machine, or in a temporary packing shed, 
except that Utah retains enforcement responsibility over agricultural 
temporary labor camps for employees engaged in egg, poultry, or red meat 
production, or the post-harvest processing of agricultural or 
horticultural commodities.
    (c) Utah is required to maintain a State program which is at least 
as effective as operations under the Federal program; to submit plan 
supplements in accordance with 29 CFR part 1953; to allocate sufficient 
safety and health

[[Page 36]]

enforcement staff to meet the benchmarks for State staffing established 
by the U.S. Department of Labor, or any revisions to those benchmarks; 
and, to furnish such reports in such form as the Assistant Secretary may 
from time to time require.

[50 FR 28780, July 16, 1985, as amended at 62 FR 2560, Jan. 17, 1997; 65 
FR 36620, June 9, 2000]