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Ex. DUT-UT-019 Standing duty Primary source read

Utah State Bulletin, Vol. 2020, No. 23 (December 1, 2020), Notice of Emergency (120-Day) Rule, Utah Admin. Code R614-1-5, Filing No. 53189

Notice of Emergency (120-Day) Rule: R614-1-5, Adoption and Extension of Established Federal Safety Standards and General Safety Orders (Filing No. 53189)

Utah Office of Administrative Rules (Utah State Bulletin), publishing the Labor Commission's notice of emergency rule (agency head Jaceson R. Maughan, Commissioner, authorization dated November 6, 2020) · Utah (State)

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The record

Jurisdiction
Utah
Level
State
Authority
Utah Code section 63G-3-304 (120-day emergency rules) and Utah Admin. Code R15-4-8; the rule authorized by Utah Code section 34A-6-104
Issued
2020-12-01 Dec. 1, 2020
Effective
2020-11-09 (rule); 2020-12-01 (publication) (read as 2020-11-09)
End
120 days from November 9, 2020 (see Ex. DUT-UT-018) (read as 2020-11-09)
In force
Nov. 9, 2020 to Nov. 9, 2020
Quarters
2020 Q42021 Q1
Limitation types
Face-covering requirementWorkplace rulesStanding duty
Addressees
  • employers; employees
Character
covid workplace rule
Collection
Standing duties: Utah DUT-UT

Operative words

NOTICE OF EMERGENCY (120-DAY) RULE... Utah Admin. Code R614-1-5 Filing No. 53189... Effective Date: 11/09/2020... The purpose of this change is to protect employees by preventing the spread of COVID-19 in their workplaces by using face masks.... This rule would enable enforcement of the recommendations and orders given previously to wear face masks in the workplace.

Penalty

UOSH civil penalties under Utah Code section 34A-6-307 (Ex. DUT-UT-012)

What it required

The official register notice of the UOSH emergency rule: it fixes the effective date (November 9, 2020), the statutory authority (section 34A-6-104), the emergency justification ('cause an imminent peril to the public health, safety, or welfare'), the summary ('Face masks have been recommended and at times ordered by Governor Herbert in the workplace... This rule would enable enforcement of the recommendations and orders given previously'), and the catchline of the base rule that adopts the federal OSHA standards for Utah ('R614-1-5. Adoption and Extension of Established Federal Safety Standards and General Safety Orders').

Retrieval note

The full Bulletin issue (2.4 MB); the notice appears under 'Notices of 120-Day (Emergency) Rules'. The Bulletin also records that a 120-day rule 'is not codified as part of the Utah Administrative Code,' which is why R614-1-5.F does not appear in the codified rule; the Commission's posted PDF (Ex. DUT-UT-018) is the rule's text.