Montana Administrative Register Notice 24-30-230 No. 13   07/17/2008    
    Page No.: 1372 -- 1372
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In the matter of the proposed amendment of ARM 24.30.102, relating to occupational safety matters in public sector employment )


TO: All Concerned Persons


1. On August 8, 2008, at 10:00 a.m., the Department of Labor and Industry (department) will hold a public hearing to be held in the third floor conference room (room 314), Walt Sullivan Building, 1327 Lockey Avenue, Helena, Montana to consider the proposed amendment of the above-stated rule.


2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m., on August 1, 2008, to advise us of the nature of the accommodation that you need. Please contact the Employment Relations Division, Attn: Jeff Lazarus, P.O. Box 1728, Helena, MT 59624-1728; telephone (406) 444-6418; fax (406) 444-9396; TDD (406) 444-0532; or e-mail jlazarus@mt.gov.


3. The rule proposed to be amended provides as follows, stricken material interlined, new material underlined:



(3) The Department of Labor and Industry adopts a safety code for every place of employment conducted by a public sector employer. This safety code adopts by reference the following occupational safety and health standards found in the Code of Federal Regulations, as of July 1, 2007 July 1, 2008:

(a) Title 29, Part 1910; and

(b) Title 29, Part 1926.

(4) All sections adopted by reference are binding on every public sector employer even though the sections are not separately printed in a separate state pamphlet and even though they are omitted from publication in the Montana Administrative Register and the Administrative Rules of Montana. The safety standards adopted above and printed in the Code of Federal Regulations, Title 29, as of July 1, 2007 July 1, 2008, are considered under this rule as the printed form of the safety code, and shall be used by the department and all public sector employers, employees, and other persons when referring to the provisions of the safety code. All the provisions, remedies, and penalties found in the Montana Safety Act apply to the administration of the provisions of the safety code adopted by this rule.

(5) remains the same.


AUTH: 50-71-311, MCA

IMP: 50-71-311, 50-71-312, MCA


REASON: There is reasonable necessity to amend this rule in order to incorporate by reference the current federal rules promulgated by the Occupational Health and Safety Administration (OSHA). These rules are periodically updated to ensure that public sector employers and employees have essentially the same duties and protections that apply to employers and employees in the private sector. The July 1, 2008, version of the Code of Federal Regulations is proposed for incorporation by reference because it is the most current version.


4. Concerned persons may present their data, views, or arguments, either orally or in writing, at the hearing. Written data, views, or arguments may also be submitted to: Jeff Lazarus, Bureau Chief, Safety Bureau, Employment Relations Division, Department of Labor and Industry, P.O. Box 1728, Helena, Montana 59624-1728; by facsimile to (406) 444-9396; or by e-mail to jlazarus@mt.gov, and must be received no later than 5:00 p.m., August 15, 2008.


5. An electronic copy of this Notice of Public Hearing is available through the department's web site at http://dli.mt.gov/events/calendar.asp, under the Calendar of Events, Administrative Rules Hearings Section. The department strives to make the electronic copy of this Notice of Public Hearing conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered. In addition, although the department strives to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems, and that a person's difficulties in sending an e-mail do not excuse late submission of comments.


6. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request, which includes the name and e-mail or postal address of the person to receive notices and specifies the subject matter of notices regarding Department of Labor and Industry administrative rulemaking proceedings or other administrative proceedings which the person wishes to receive. Such written request may be mailed or delivered to the Department of Labor and Industry, attention: Mark Cadwallader, 1327 Lockey Avenue, P.O. Box 1728, Helena, Montana 59624-1728, faxed to the department at (406) 444-1394, e-mailed to mcadwallader@mt.gov, or may be made by completing a request form at any rules hearing held by the agency.


7. The bill sponsor notice requirements of 2-4-302, MCA, do not apply.


8. The department's Hearings Bureau has been designated to preside over and conduct this hearing.




/s/ MARK CADWALLADER                                    /s/ KEITH KELLY

Mark Cadwallader                                                    Keith Kelly, Commissioner

Alternate Rule Reviewer                                           DEPARTMENT OF LABOR AND INDUSTRY



Certified by the Secretary of State July 7, 2008

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