Oregon State Standards; Approval. | Occupational Safety and Health Administration

Publication Date:

10/26/1993
Publication Type:

Notice
Fed Register #:
58:57628-57631
Standard Number:

1910.101

1910.102

1910.103

1910.104

1910.105

1910.106

1910.108

1910.110

1910.111

1910.114

1910.115

1910.116

1910.120
Title:

Oregon State Standards; Approval.

Occupational Safety and Health Administration

Oregon State Standards; Approval

1. Background

Part 1953 of title 29, Code of Federal Regulations, prescribes procedures under section 18 of the Occupational Safety and Health Act of 1970 (hereinafter called the Act) by which the Regional Administrator for Occupational Safety and Health (hereinafter called Regional Administrator) under a delegation of authority from the Assistant Secretary of Labor for Occupational Safety and Health (hereinafter called the Assistant Secretary (29 CFR 1953.4) will review and approve standards promulgated pursuant to a State plan which has been approved in accordance with section 18(c) of the Act and 29 CFR part 1902. On December 28, 1972, notice was published in the Federal Register (37 FR 28628) of the approval of the Oregon plan and the adoption of subpart D to part 1952 containing the decision.

The Oregon plan provides for adoption of State standards which are at least as effective as comparable Federal standards promulgated under section 6 of the Act. Section 1953.20 provides that where any alteration in the Federal program could have an adverse impact on the at least as effective as status of the State program, a program change supplement to a State plan shall be required. The Oregon plan also provides for the adoption of Federal standards as State standards by reference.

On its own initiative, The State has submitted by letter dated March 13, 1992, from John A. Pompei, Administrator, to James W. Lake, Regional Administrator, and incorporated as part of the plan, a revision to State rules comparable to 29 CFR 1910.104, Oxygen, as published in the Federal Register (39 FR 23502) on June 24, 1974. The State's original standard was promulgated as OAR 437, Chapter 22-053, Oxygen, and received Federal Register approval at 40 FR 57801 on December 12, 1975. The State's standard was subsequently recodified as OAR 437 Division 144, with Federal Register approval at 52 FR 27076 on July 17, 1987. The State has repealed OAR 437 Division 144, Oxygen, in its entirety, and has incorporated 29 CFR 1910.104, Oxygen, by reference as OAR 437-02-1910.104. The State's readoption by reference of 29 CFR 1910.104 also incorporates Selected General and Special Industry Safety and Health Standards, Revocation, as published in the Federal Register at 43 FR 49726 (specifically, 43 FR 49746) on October 24, 1978.

On its own initiative, the State has submitted by letter dated March 13, 1992, from John A. Pompei, Administrator, to James W. Lake, Regional Administrator, and incorporated as part of the plan, a revision to State rules comparable to 29 CFR 1910.106, Flammable and Combustible Liquids, as published in the Federal Register (39 FR 23502) on June 24, 1974. The State's original standard was promulgated as OAR 437, Chapter 22-055, Combustible and Flammable Liquids, and received Federal Register approval at 40 FR 57801 on December 12, 1975. Subsequently, the State's standard was recodified as OAR 437 Division 123, with Federal Register approval at 51 FR 24671 on July 8, 1986. The State has repealed OAR 437 Division 123 in its entirety, and has incorporated 29 CFR 1910.106, Combustible and Flammable Liquids, by reference, as OAR 437-02-1910.106. The State's readoption by reference also incorporates the following Federal amendment to 29 CFR 1910.106: Corrections, published in the Federal Register at 40 FR 3982 on January 27, 1975; Correction, published in the Federal Register at 40 FR 23743 on June 2, 1975; Selected General and Special Industry Safety and Health Standards, Revocation, as published in the Federal Register at 43 FR 49726 (specifically, 40 FR 49746), on October 24, 1978; Amendment as published in the Federal Register at 47 FR 39164 on September 7, 1982; Amendment as published in the Federal Register at 51 FR 34560 on September 1986; Amendment as published in the Federal Register at 53 FR 12121 on April 12, 1958; Amendment as published in the Federal Register at 55 FR 32015 on August 6, 1990.

On its own initiative, the State has submitted by letter dated March 13, 1992, from John A. Pompei, Administrator, to James W. Lake, Regional Administrator, and incorporated as part of the plan, a revision to State rules comparable to 29 CFR 1910.110, Storage and Handling of Liquified Petroleum Gases, as published in the Federal Register (39 FR 23502) on June 24, 1974. The State's original standard was promulgated as OAR 437, Chapter 22-058, Storage and Handling of Liquified Petroleum Gases, and received Federal Register approval at 40 FR 57801 on December 12, 1975. Subsequently, the State's standard was recodified as OAR 437 Division 125, with Federal Register approval at 51 FR 24671 on July 8, 1986. The State has repealed OAR 437 Division 125 in its entirety, and has incorporated 29 CFR 1910.110, Storage and Handling of Liquified Petroleum Gases, by reference as OAR 437-02-1910.110. The State's readoption also incorporates the following Federal amendments to 29 CFR 1910.110: Selected General and Special Industry Safety and Health Standards, Revocation, as published in the Federal Register at 43 FR 49726 (specifically, 49 FR 49747) on October 24, 1978; Revocation of Advisory and Repetitive Standards as published in the Federal Register at 49 CFR 5318 (specifically, 49 FR 5322) on February 10, 1984; Amendment, as published in the Federal Register at 53 FR 12122 on April 12, 1988; Amendment of 29 CFR 1910.110(i)(2)(iii), as published in the Federal Register at 55 FR 25-4 on June 20, 1990; Amendment of 29 CFR 1910.110, Table H-28, as published in the Federal Register at 55 FR 31984 on August 6, 1990.

On its own initiative, the State has submitted by letter dated March 13, 1992, from John a Pompei, Administrator, to James W. Lake, Regional Administrator, and incorporated as part of the plan, a revision to State rules comparable to 29 CFR 1910.114, Effective Dates, 29 CFR 1910.115, Sources of Standards, and 29 CFR 1910.116, Standards Organizations as published in the Federal Register (39 FR 23502) on June 24, 1974. During its developmental period, the State incorporated applicable parts of 29 CFR 1910.114, .115, and .116 into the various chapters that comprised the State's promulgation of its response to 29 CFR Part 1910. Subpart H, Hazardous Materials. These chapters originally promulgated were OAR 437, Chapter 22-050, 22-052, 22-053, 22-054, 22-055, 22-056, 22-057, 22-058, 22-059, and Chapter 13. The chapters were Federal Register approved at 40 FR 57801 on December 12, 1975. The recodification of the above chapters received Federal Register approval at 52 FR 27076 on July 17, 1987, and 51 FR 24671 on July 8, 1986. The State has repealed all of the above chapters and recodified divisions in their entirety, and has adopted 29 CFR 1910.114, .115, and .116 by reference as OAR 437-02-1910.114, Effective Dates; OAR 437-02-1910.115, Sources of Standards, and OAR 437-02-1910.116, Standards Organizations.

In response to federal standards amendment, the State has submitted by letter dated March 13, 1992, for John A. Pompei, Administrator, to James W. Lake, Regional Administrator, and incorporated as part of the plan, an amendment to State rules comparable to 29 CFR 1910.120 (a)(3) and (e)(9), Hazardous Waste Operations and Emergency Response (Amended), as published in the Federal Register (56 FR 15832) on April 18, 1991. The State's original standard, OAR 437-02-1910.120, Hazardous Waste and Emergency Response, received Federal Register approval (56 FR 19382) on April 26, 1991. The State has adopted the Federal amendment by reference as OAR 437-02-1910.120 (a)(3) and (e)(9).

On July 15, 1991, the Notice of Proposed Revision of Rules was mailed to those on the Workers' Compensation Department mailing list established pursuant to OAR 436-90-505 and to those on the Department's distribution mailing list as their interest appeared. One request for public hearing was received and later withdrawn, however, several comments and inquiries were received with due consideration given to the concerns expressed. The State-initiated amendments were adopted on February 6, 1992, with an effective date of May 1, 1992, through Administrative Order 2-1992. The State's response to the Federal amendment, 29 CFR 1910.120, Hazardous Waste and Emergency Response, was adopted and became effective on February 6, 1992, through administrative Order 3-1992.

2. Decision

Having reviewed the State's submission, OSHA has determined that the State's standards are at least as effective as the comparable Federal standards, as required by section 18(c)(2) of the Act. OSHA has also determined that the State has adopted the Federal standards by reference and that the standards are identical. OSHA, therefore, approves these standards.

3. Location of Supplement for Inspection and Copying

A copy of the standards supplement, along with the approved plan, may be inspected and copied during normal business hours at the following locations: Office of the Regional Administrator, Occupational Safety and Health Administration, 1111 Third Avenue, suite 715, Seattle, Washington 98101-3212; Oregon Occupational Safety and Health Division, Department of Insurance and Finance, Salem, Oregon 97310; and the Office of State Programs, Occupational Safety and Health Administration, room N-3700, 200 Constitution Avenue, NW., Washington, DC 20210.

4. Public Participation

Under 29 CFR 1953.2(c), the Assistant Secretary may prescribe alternative procedures to expedite the review process or for other good cause which may be consistent with applicable laws. The Assistant Secretary finds that good cause exists for not publishing the supplement to the Oregon State Plan as a proposed change and making the Regional Administrator's approval effective upon publication for the following reasons:

1. The standard amendments are identical to the Federal standard which were promulgated in accordance with federal law including meeting requirements for public participation.

2. The standard amendments were adopted in accordance with the procedural requirements of State law and further public participation would be repetitious.

This decision is effective October 26, 1993.

Authority: (Sec. 18, Pub. L. 91-596, 84 Stat. 1608 (29 U.S.C. 667)).

Signed at Seattle, Washington, this 1st day of June 1993.

James W.Lake,
Regional Administrator.

[FR Doc. 93-26346 Filed 10-25-93; 8:45 am]

Oregon State Standards; Approval

1. Background

In response to Federal standard 29 CFR 1910.1030, the State has submitted by letters dated April 28, 1992, January 6, 1993, and April 5, 1993, from John A. Pompei, Administrator, to James W. Lake, Regional Administrator, and incorporated as part of the plan, State rules comparable to 29 CFR 1910.1030, Occupational Exposure to Bloodborne Pathogens, as published in the Federal Register (56 FR 64175) on December 6, 1991, and subsequent corrections published in the Federal Register (57 FR 29206) on July 1, 1992. On March 26, 1992, the Notice of Proposed Rulemaking was mailed to those on the Department of Insurance and Finance mailing list established pursuant to OAR 436-90-505, and to those on the Department's distribution mailing list as their interest appeared. Both actions failed to elicit a request for hearing. The State's first submission, OAR 437-01-1910.1030, submitted April 28, 1992, was adopted on April 24, 1992, with an effective date of July 1, 1992, under OR-OSHA Administrative Order 5-1992. The State adopted the Federal standard, 29 CFR 1910.1030, Occupational Exposure to Bloodborne Pathogens, by reference with the exception of 29 CFR 1910.1030(i), effective dates. On December 30, 1992, effective December 30, the State adopted the subsequent corrections to the Federal standard by reference, under OR-OSHA Administrative Order 15-1992. Regional Office review revealed discrepancies in Oregon's printed copy of the Federal standard adopted by reference, and the submission was returned to the State for correction. On April 5, 1993, the State submitted a corrected copy.

On its own initiative, the State has submitted by letter dated March 13, 1992, from John A. Pompei, Administrator, to James W. Lake, Regional Administrator, and incorporated as part of the plan, a revision to State rules comparable to 29 CFR 1910.96, Ionizing Radiation, as published in the Federal Register (39 FR 23502) on June 27, 1974. The State's original adoption of Ionizing Radiation was promulgated as OAR 437, Chapter 22-20, and received Federal Register approval at 40 FR 50583 on October 30, 1975. The State's standard was subsequently recodified as OAR 437, Division 138, with Federal Register approval at 52 FR 27026 on July 17, 1987. The State has repealed OAR 437, Division 138, in its entirety, and has incorporated 29 CFR 1920.96, Ionizing Radiation, by reference as OAR 437-02-1910.96. The State's readoption by reference also deleted General and Special Industry Safety and Health Standards, Revocation, as published in the Federal Register (43 FR 49746) on October 24, 1978. The State has also adopted two minor State-initiated rules, OAR 437-02-098(1), Additional Applicability, and OAR 437-02-098(2), Additional Definition. State-initiated rule OAR 437-02-098(1) gives notice that Oregon statute law, ORS 453.605 through ORS 453.745, Control of Radiation, enforced by the Department of Human Resources, Oregon Health Division, applies to all employees working with or near ionizing radiation sources. This rule was previously approved by OSHA as part of Division 138. OAR 437-02-098(2) gives notice that the term "Atomic Energy Commission" used in 29 CFR 1910.96 means the "U.S. Nuclear Regulatory Commission". On July 15, 1991, the Notice of Proposed Revision of Rules was mailed to those on the Department of Insurance and Finance mailing list established pursuant to OAR 436-90-505 and to those on the Department's distribution mailing list as their interest appeared. One request for public hearing was received and later withdrawn; however, several comments and inquiries were received with due consideration given to the concerns expressed. The State's amendment was adopted on February 6, 1992, with an effective date of May 1, 1992, through OR-OSHA Administrative Order 2-1992.

In response to Federal standard 29 CFR 1910.146, Permit-Required Confined Spaces for General Industry, the State has submitted by letter dated July 9, 1993, from John A. Pompei, Administrator, to James W. Lake, Regional Administrator, and incorporated as part of the plan, State rules comparable to 29 CFR 1910.146, Permit-Required Confined Spaces for General Industry, as published in the Federal Register (58 FR 4549) on January 14, 1993 and its subsequent corrections as published in the Federal Register (58 FR 34844) on June 29, 1993. On March 2, 1993, the Notice of Proposed Rulemaking was mailed to those on the Department of Insurance and Finance mailing list established pursuant to OAR 436- 90-505 and to those on the Department's distribution mailing list as their interest appeared. Both actions failed to elicit a request for hearing. The State's standard was adopted on July 1, 1993, with an effective date of July 1, 1993 through OR-OSHA Administrative Order 8-1993.

On its own initiative, the State has submitted by letter dated March 13, 1992, from John A. Pompei, Administrator, to James W. Lake, Regional Administrator, and incorporated as part of the plan, a revision to State rules comparable to 29 CFR 1910.97, Nonionizing Radiation, as published in the Federal Register (39 FR 23502) on June 24, 1974. The State's original adoption of Nonionizing Radiation was promulgated as OAR 437, Chapter 22-021, and received Federal Register approval at 40 FR 50583 on October 30, 1975. The State's standard was subsequently recodified as OAR 437, Division 139, with Federal Register approval at 52 FR 27026 on July 17, 1987. The State has repealed OAR 437, Division 139, in its entirety, and has incorporated 29 CFR 1910.97, Nonionizing Radiation, by reference as OAR 437-02-1910.97. On its own initiative, the State has submitted by letter dated March 13, 1992, from John A. Pompei, Administrator, to James W. Lake, Regional Administrator, and incorporated as part of the Plan, an initial adoption by reference of 29 CFR 1910.98, Effective Dates; 29 CFR 1910.99, Sources of Standards; and 29 CFR 1910.100, Standards Organizations, as published in the Federal Register (39 FR 23502) on June 24, 1974. The State has incorporated the standard as OAR 437-02-1910.98, OAR 437-02-1910.99, and OAR 437-02-1910.100, respectively. The State's adoption of 29 CFR 1910.100 also incorporated the Federal amendment as published in the Federal Register (40 FR 18426) on April 28, 1975. During the early period of Oregon's program, the State elected not to adopt standards comparable to 29 CFR 1910.98, .99, and .100. With this adoption the State has chosen to do so. On July 15, 1991, the Notice of Proposed Revision of Rules was mailed to those on the Department of Insurance and Finance mailing list established pursuant to OAR 436-90-505 and to those on the Department's distribution mailing list as their interest appeared. One request for public hearing was received and later withdrawn; however, several comments and inquiries were received with due consideration given to the concerns expressed. The State's amendment was adopted on February 6, 1992, with an effective date of May 1, 1992, through OR-OSHA Administrative Order 2-1992.

2. Decision

Having reviewed the State's submission, OSHA has determined that the State's standards are at least as effective as the comparable Federal standards, as required by section 18(c)(2) of the Act. OSHA has also determined that the standards for Permit-Required Confined Spaces and for Nonionizing Radiation, as well as the standards for Effective Dates, Sources of Standards and Standards Organizations (29 CFR 1910.98, .99, and .100) were adopted by reference and are identical. OSHA therefore approves these standards. OSHA has also determined that the standards for Occupational Exposure to Bloodborne Pathogens and for Ionizing Radiation are substantially identical to the Federal standards. OSHA therefore approves these standards; however, the right to reconsider this approval is reserved should substantial objections be submitted to the Assistant Secretary.

3. Location of Supplement for Inspection and Copying

A copy of the standards, along with the approved plan, may be inspected and copied during normal business hours at the following locations: Office of the Regional Administrator, Occupational Safety and Health Administration, 1111 Third Avenue, suite 715, Seattle, Washington 98101-3212; Oregon Occupational Safety and Health Division, Department of Insurance and Finance, Salem, Oregon 97310; and the Office of State Programs, Occupational Safety and Health Administration, room N-3700, 200 Constitution Avenue, NW., Washington, DC 20210.

4. Public Participation

1. The standard and the amendment is substantially identical to the Federal standard which was promulgated in accordance with the Federal law including meeting requirements for public participation.

2. The standard and the amendment was adopted in accordance with the procedural requirements of State law which included opportunity for public comments and further public participation would be repetitious.

This decision is effective October 26, 1993.

Authority: Sec. 18, Pub. L. 91-596, 84 Stat. 1608 (29 U.S.C. 667).

Signed at Seattle, Washington, this 26th day of August 1993.

James W. Lake,
Regional Administrator.

[FR Doc. 93-26347 Filed 10-25-93; 8:45 a.m.]