Arizona: Industrial Commission Proposes to Amend Rules that Incorporate by Reference Federal OSHA General Industry and Construction Regulations

In the March 4 2022 edition of the Arizona Administrative Register, the Industrial Commission of Arizona (the Commission) proposed to amend rules that incorporate by reference federal Occupational Safety and Health Administration (OSHA) rules for general industry and construction.  The proposed amendments would incorporate by reference the recent OSHA rule updates to federal general industry standards, 29 CFR 1910, and construction standards, 29 CFR 1926.  The recent OSHA updates amended rules related to beryllium.  The Commission will hold a hearing for the proposed rulemaking on April 4, 2022, at 9:00 A.M.

The Industrial Commission of Arizona (the Commission) proposed to amend R20-5-601, “The Federal Occupational Safety and Health Standards for Construction, 29 CFR 1926”, and R20-5-602, “The Federal Occupational Safety and Health Standards for General Industry, 29 CFR 1910.”  The Commission proposed amendments to incorporate by reference the recent OSHA rule updates to 29 CFR 1910 and 29 CFR1926.  The recent OSHA updates amended rules related to beryllium to clarify provisions and improve compliance.

The Commission’s proposed rule would amend R20-5-601 and R20-5-602 to incorporate by reference the following:

  • OSHA Final Rule published September 30, 2019, titled “Occupational Exposure to Beryllium and Beryllium Compounds in Construction and Shipyard Sectors”; published in the Federal Register at 84 FR 51377.
  • OSHA Final Rule published July 14, 2020, titled “Revising the Beryllium Standard for General Industry”; published in the Federal Register at 85 FR 42582.
  • OSHA Final Rule published August 31, 2020, titled “Occupational Exposure to Beryllium and Beryllium Compounds in Construction and Shipyard Sectors”; published in the Federal Register at 85 FR 53910.
  • OSHA Final Rule published February 24, 2021, titled “Occupational Exposure to Beryllium and Beryllium Compounds in Construction and Shipyard Sectors: Correction”; published in the Federal Register at 86 FR 11119.