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09.12.81 - Division of Labor and Industry - Pending Regulations

 

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 41, ISSUE 7,
FRIDAY, APRIL 4, 2014

Subtitle 12 DIVISION OF LABOR AND INDUSTRY

09.12.81 ELEVATOR, ESCALATOR, AND CHAIRLIFT SAFETY

Authority: Public Safety Article, §§12-805, 12-806, 12-809, and 12-812, Annotated Code of Maryland

Notice of Proposed Action
[14-082-P]

The Commissioner of Labor and Industry proposes to amend Regulation .01-1 and adopt new Regulation .02-1 under COMAR 09.12.81 Elevator, Escalator, and Chairlift Safety.

Statement of Purpose

The purpose of this action is to provide a definition for vertical reciprocating conveyor and to clarify that it is not subject to inspection under Maryland’s Elevator, Escalator, and Chairlift Safety law.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. There is an economic impact associated with this action. In adding a definition for vertical reciprocating conveyor, the industry is provided with clarification as to whether or not the unit is an elevator within the definition of Maryland law and is required to be inspected under Maryland’s Elevator, Escalator, and Chairlift Safety law. As such, an owner may incur additional expenses if the unit is found to fall under the Maryland law.

 
Revenue (R+/R-)
 
II. Types of Economic
Impact.
Expenditure
(E+/E-)
Magnitude

A. On issuing agency: NONE
 
B. On other State agencies: NONE
 
C. On local governments: NONE

Benefit (+)
Cost (-)

Magnitude

D. On regulated industries or trade groups: (-) Indeterminable
E. On other industries or trade groups: NONE
 
F. Direct and indirect effects on public: NONE
 

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

D. Providing clarification to the industry as to what constitutes a vertical reciprocating conveyor allows an owner to ascertain whether a particular unit is a vertical reciprocating conveyor or an elevator. If the unit is determined to be an elevator, it would then fall under the inspection criteria of Maryland’s Elevator, Escalator, and Chairlift Safety law.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Debbie Stone, Regulations Coordinator, Department of Labor, Licensing, and Regulation, Division of Labor and Industry, 1100 N. Eutaw Street, Room 606, Baltimore, Maryland 21201, or call 410-767-2225, or email to deborah.stone@maryland.gov, or fax to 410-767-2986. Comments will be accepted through May 5, 2014. A public hearing has not been scheduled.

.01-1 Definitions.
  A. (text unchanged)
  B. Terms Defined.
    (1)—(13) (text unchanged)
    (14) “Vertical reciprocating conveyor” means a machine that receives objects from a horizontal or inclined conveyor that moves on a carrier or bed of rollers that:
      (a) Transports these objects vertically to another conveyor; and
      (b) Is an integral component of a larger conveyor system used for the continuous transport of materials.

    (14)] (15) (text unchanged)

02-1 Vertical Reciprocating Conveyor.
  A vertical reciprocating conveyor is not an elevator unit and is not subject to the requirements of the Safety Code.

J. RONALD DEJULIIS
Commissioner of Labor and Industry