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OSHA 1952.18

Wyoming state plan approval

Subpart A

14 Questions & Answers
2 Interpretations

Questions & Answers

Under 1952.18(a), when did the Wyoming State plan receive initial approval?

The Wyoming State plan received initial approval on May 3, 1974. This is stated in 1952.18(a).

Under 1952.18(b), when did the Wyoming State plan receive final approval?

The Wyoming State plan received final approval on June 27, 1985. This date is given in 1952.18(b).

Under 1952.18(c), what compliance staffing benchmarks were approved for Wyoming?

Wyoming's revised compliance staffing benchmarks were approved as 6 safety compliance officers and 2 health compliance officers. These revised numbers are described in 1952.18(c).

Under 1952.18(c), why were compliance staffing benchmarks required for State plans like Wyoming's?

Benchmarks were required because the 1978 Court Order in AFL-CIO v. Marshall required States with approved plans to establish compliance staffing levels (benchmarks) necessary for a "fully effective" enforcement program. This legal background is summarized in 1952.18(c).

Under 1952.18(c), how were the Wyoming staffing benchmarks revised and approved?

Wyoming completed a reassessment with OSHA in September 1984, proposed revised benchmarks (6 safety and 2 health), provided opportunity for public comment and service on the AFL-CIO, and the Assistant Secretary approved the revisions on June 27, 1985. The reassessment and approval process is described in 1952.18(c).

Under 1952.18(d), does the Wyoming State plan cover private-sector and state and local government employers and employees?

Yes — the Wyoming plan covers all private-sector employers and employees and covers State and local government employers and employees, but it includes several notable exceptions. That coverage and the existence of exceptions are described in 1952.18(d).

Under 1952.18(d), where can I get current information about the exceptions to Wyoming's plan coverage?

For current information on exceptions and additional plan details, you should consult the Wyoming State Plan information referenced in 1952.18(d), which directs readers to the Wyoming State Plan resource maintained by OSHA.

Under Part 1952, are State plans subject to the requirement to document and publish their approval and scope?

Yes — State plans that receive OSHA approval are listed and documented under Part 1952, which identifies approved State plans and describes their scope and relevant details. See the general Part listing at 1952 and the Wyoming-specific entry at 1952.18.

Under the July 30, 2007 Letter of Interpretation, does OSHA consider routine contact with raw sewage or diluted wastewater to be covered by the Bloodborne Pathogens Standard (29 CFR 1910.1030)?

No — OSHA does not generally consider routine contact with diluted raw sewage or wastewater to be covered by the Bloodborne Pathogens Standard unless blood or other potentially infectious materials (OPIM) are present or reasonably anticipated. OSHA explains this interpretation in the Bloodborne pathogens in wastewater | July 30, 2007 letter of interpretation.

Under the July 30, 2007 Letter of Interpretation, when must wastewater treatment employers offer hepatitis B vaccination to employees?

Employers must offer hepatitis B vaccination to employees when those employees have occupational exposure to blood or OPIM, which can include workers who render first aid or who might reasonably contact used hypodermic needles or visibly blood-contaminated materials. OSHA explains employer responsibility to evaluate job tasks and offer vaccination in the Bloodborne pathogens in wastewater | July 30, 2007 letter of interpretation.

Under the August 12, 2004 Letter of Interpretation, would a small, power-ventilated structure used occasionally for spray painting meet OSHA's definition of a spray booth?

Yes — based on the scenario provided, OSHA concluded that a small-capacity power-ventilated structure used to capture paint overspray meets the definition of a spray booth. This determination is in the Spray booth standards inquiry | August 12, 2004 letter of interpretation.

Under the August 12, 2004 Letter of Interpretation, are automatic sprinklers required for a spray booth and its ductwork?

Yes — if a structure meets OSHA's definition of a spray booth, it must be equipped with approved automatic sprinklers on the upstream and downstream sides of the filters. OSHA states this requirement in the Spray booth standards inquiry | August 12, 2004 letter of interpretation.

Under the August 12, 2004 Letter of Interpretation, can a dry chemical or carbon dioxide fire protection system be used instead of water sprinklers for spray booths?

Yes — OSHA indicated that an appropriately installed dry chemical extinguishing system or a carbon dioxide system that meets OSHA requirements may be used in place of an automatic sprinkler system. This substitution guidance appears in the Spray booth standards inquiry | August 12, 2004 letter of interpretation.

Under the August 12, 2004 Letter of Interpretation, what standards apply to paint storage rooms serving a spray booth?

Paint storage rooms must comply with OSHA's flammable and combustible liquids requirements — specifically the provisions addressing inside storage rooms such as size, ventilation, fire protection, and electrical equipment. OSHA describes that the storage of flammable materials must meet the requirements referenced in the Spray booth standards inquiry | August 12, 2004 letter of interpretation.