Federal Registers - Table of Contents
• Publication Date: 04/25/1995
• Publication Type: Notice
• Fed Register #: 60:20288
• Title: Vermont State Standards; Approval

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Vermont State Standards; Approval

1. 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 Regional Administrator) under a 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 October 16,1973, notice was published in the Federal Register (38 FR 28658) of the approval of the Vermont State Plan and the adoption of Subpart U to Part 1952 containing the decision. The Vermont State Plan provides for the adoption of Federal standards as State standards after:

a. Publishing for two (2) successive weeks, in three (3) newspapers having general circulation in the center, northern and southern parts of the State, an intent to amend the State Plan by adopting the standard(s).

b. Review of standards by the Interagency Committee on Administrative Rules, State of Vermont.

c. Approval by the Legislative Committee on Administrative Rules, State of Vermont.

d. Filing in the Office of the Secretary of State, State of Vermont.

e. The Secretary of State publishing, not less than quarterly, a bulletin of all standard(s) adopted by the State.

The Vermont State Plan provides for the adoption of State standards which are at least as effective as comparable Federal standards promulgated under Section 6 of the Act. By letter dated January 23, 1995, from Mary S. Hooper, Commissioner, Vermont Department of Labor and Industry, to Cindy A. Coe, then Acting Regional Administrator, and incorporated as part of the plan, the State submitted updated State standards identical to 29 CFR Parts 1904 and 1910, and subsequent amendments thereto, as described below:

(1) Revision to 29 CFR 1904.8, Report