VSARA
Secretary of State Office
26 Terrace St.
Montpelier, Vt.
05609-1101
Notices for Week of: AUGUST 12, 2004

PROPOSED STATE RULES


By law, public notice of proposed rules must be given by publication in newspapers of record. The purpose of these notices is to give the public a chance to respond to the proposals. The public notices for administrative rules are now also available online at http://vermont-archives.org/aparules/ovnotices.htm The law requires an agency to hold a public hearing on a proposed rule, if requested to do so in writing by 25 persons or an association having at least 25 members.

To make special arrangements for individuals with disabilities or special needs please call or write the contact person listed below as soon as possible

To obtain further information concerning any scheduled hearing(s), obtain copies of proposed rule(s) or submit comments regarding proposed rule(s), please call or write the contact person listed below. You may also submit comments in writing to the Legislative Committee on Administrative Rules, State House, Montpelier, Vermont 05602 (828-2231).


VOSHA Rule: Revocation of Respiratory Protection for M Tuberculosis

Vermont Proposed Rule: 04P029

AGENCY: Labor & Industry

CONCISE SUMMARY: This rule revokes 29 CFR 1910.139 Respiratory Protection for M Tuberculosis.  By doing this the more protective General Industry standard 29 CFR 1910.134 will apply.  The 1910.134 standard contains requirements that were not as detailed in the revoked rule.  These include: Updating the facilities respirator program, Medical Evaluation requirement, Annual Fit Testing of respirators, Training and Recordkeeping provisions.

TYPE OF PERSONS AFFECTED: Health Care employers and employees in both the public and private sectors.

COST BENEFIT ANALYSIS: Vermont Health Care Workers in both the public and private sectors. By revoking the M Tuberculosis standard the more protective General Industry standard for Respiratory Protection becomes applicable.  This standard includes several requirements that were not as detailed in the revoked rule, such as updating the facilities' respiratory program, medical evaluation requirements, annual respiratory fit testing and some training and recordkeeping requirements. According to the CDC Morbidity and Mortality Weekly report (MMWR) there were 7 cases of Tuberculosis reported in Vermont in 2003 and 8 in 2002.  To date there are no cases reported in 2004.  Costs associated with this rule are: Respirators $.60 to $1.00 each, Medical Evaluations $30.00 per person and Fit Testing is $50.00 per person per year.  Hospitals should have all these things in place because they have been required to comply with the respiratory Standard since 1998 for other bioaerosols.

SCHEDULED HEARINGS: September 1, 2004 in the Labor and Industry Main Conference Room, National Life Building 2nd Floor from 1:00 to 5:00 pm.

DEADLINE FOR PUBLIC COMMENT: September 10, 2004

FOR FURTHER INFORMATION, CONTACT: Robert McLeod, Department of Labor & Industry National Life Building, Drawer 20, Montpelier, VT 05620-3401 802-828-2765


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If you have general questions about the rulemaking process, please contact
Louise Corliss by e-mail at or by phone 802-828-2863
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