9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Jaceson R. Maughan, Commissioner
R614. Labor Commission, Occupational Safety and Health.
R614-1. General Provisions.
R614-1-3. Definitions.
A. "Access" means the right and opportunity to examine and copy.
B. "Adjudication" means the Adjudication Division within the Labor Commission.
C. "Administrator" means the director of UOSH.
D. "AG's Office" means the Utah Office of the Attorney General.
E. "Amputation" means the traumatic loss of a limb or other external body part. Amputations include the complete or partial removal of a body part, such as a limb or appendage; fingertip amputations, with or without bone loss; medical amputations resulting from irreparable damage; and amputations of body parts that have since been reattached. Amputations do not include avulsions, enucleations, deglovings, scalpings, severed ears, or broken or chipped teeth. [E.]F. "CFR" means the Code of Federal Regulations. [F.]G. "Commission" means the Labor Commission. [G.]H. "CSHO" means a compliance safety and health officer authorized by UOSH to conduct inspections and investigations. [H.]I. "Days" means calendar days, including Saturdays, Sundays, and holidays. The day of receipt of any notice shall not be included, and the last day of any time frame shall be included. If the last day of any time period is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday or legal holiday. [I. "Disabling, serious or significant injury" means any injury resulting in: 1. Admittance to the hospital; or 2. Permanent or temporary impairment, where function of any part of the body is substantially reduced or made useless and which would require treatment by a physician or other licensed health care professional. Examples of a disabling, serious or significant injury include, amputation, fracture, deep laceration, severe burn including thermal, chemical, etc., electrical burn, sight impairment, loss of consciousness and concussion.] J. "Division" means UOSH.
K. Employee medical record.
1. "Employee medical record" means a record concerning the health status of an employee which is made or maintained by a physician, nurse, or other health care personnel, or technician including:
a. Medical and employment questionnaires or histories including job description and occupational exposures;
b. The results of medical examinations and laboratory tests including x-ray examinations and all biological monitoring not defined as an "employee exposure record" in 29 CFR 1910.1020(c)(5);
c. Medical opinions, diagnoses, progress notes, and recommendations;
d. Descriptions of treatments and prescriptions; and
e. Employee medical complaints.
2. "Employee medical record" does not include the following:
a. Physical specimens like blood or urine samples, which are routinely discarded as a part of normal medical practice;
b. Records concerning health insurance claims if maintained separately from the employer's medical program and its records, and not accessible to the employer by employee name or other direct personal identifier like social security number, payroll number, etc.;
c. Records created solely in preparation for litigation which are privileged from discovery under the applicable rules of procedure or evidence; or
d. Records concerning voluntary employee assistance programs if maintained separately from the employer's medical program and its records.
L. "Establishment" means a single physical location where business is conducted or where services or industrial operations are performed. For example: A factory, mill, store, hotel, restaurant, movie theater, farm, ranch, bank, sales office, warehouse, or central administrative office. Where distinctly separate activities are performed at a single physical location, such as contract construction activities from the same physical location as a lumber yard, each activity shall be treated as a separate physical establishment, and separate notices shall be posted in each establishment to the extent that such notices have been furnished by UOSH.
M. "Exposure" or "exposed" means that an employee is subjected to a toxic substance or harmful physical agent in the course of employment through any route of entry and includes past exposure and potential exposure, but does not include situations where the employer can
