Title of Regulation: 16VAC25-90. Federal Identical General Industry Standards (amending 16VAC25-90-1910.6, 16VAC25-90-1910.102).

Statutory Authority: § 40.1-22 of the Code of Virginia.

Effective Date: April 15, 2010.

Agency Contact: John J. Crisanti, Planning and Evaluation Manager, Department of Labor and Industry, Powers-Taylor Building, 13 South Thirteenth Street, Richmond, VA 23219, telephone (804) 786-4300, FAX (804) 786-8418, TTY (804) 786-2376, or email john.crisanti@doli.virginia.gov.

Summary:

As part of the ongoing review of its regulations, federal OSHA revised its Acetylene Standard for general industry by updating references to national consensus standards published by standards developing organizations (SDO standards). This rulemaking is a continuation of federal OSHA's ongoing effort to update references to SDO standards used throughout its rules.

The revised standard requires that employers ensure that in-plant transfer, handling, storage, and use of acetylene cylinders comply with Compressed Gas Association Pamphlet G-1-2003, Acetylene. Piping systems, as well as facilities and equipment, used to generate acetylene or to fill acetylene cylinders are now required to comply with National Fire Protection Standard NFPA 51A, Standard for Acetylene Charging Plants.

References to publications that reference the Acetylene Standard are updated to reflect the latest edition of the publication.

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1910, General Industry Standards, is declared a document generally available to the public and appropriate for incorporation by reference. For this reason the document will not be printed in the Virginia Register of Regulations. The document is available for inspection at the Department of Labor and Industry, 13 South 13th Street, Richmond, Virginia 23219, and in the office of the Registrar of Regulations, General Assembly Building, 9th and Broad Streets, Richmond, Virginia 23219.

On January 14, 2010, the Safety and Health Codes Board adopted federal OSHA's Direct Final Rule on Revising Standards Referenced in the Acetylene Standard for General Industry, 29 CFR 1910.102, and revisions to Incorporation by Reference, 29 CFR 1910.6, as published in 74 FR 40441 on August 11, 2009, with an effective date of April 15, 2010.

Federal Terms and State Equivalents: When the regulations, as set forth in the clarifications and correcting amendments to the final rule for the General Industry Standards, 29 CFR Part 1910, are applied to the Commissioner of the Department of Labor and Industry or to Virginia employers, the following federal terms shall be considered to read as follows: