DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1952

Minnesota State Plan; Level of Federal Enforcement

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Final rule; change in level of Federal enforcement.

SUMMARY: This document gives notice of a change in the level of federal enforcement authority in Minnesota. The Minnesota Department of Labor and Industry is excluding coverage of tribal and private sector employment on Indian Reservations under its approved State plan. As a result, the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) is assuming coverage over tribal and private sector employment on Indian reservations. OSHA is hereby amending sections of its regulations to reflect this change in the level of enforcement authority.

EFFECTIVE DATE: July 15, 1996.

FOR FURTHER INFORMATION CONTACT: Anne Cyr, Acting Director, Office of Information and Consumer Affairs, Occupational Safety and Health Administration, U.S. Department of Labor, Room, N-3637, 200 Constitution Avenue, NW., Washington, DC 20210, (202) 219-8148. SUPPLEMENTARY INFORMATION:

A. Background

Section 18 of the Occupational Safety and Health Act of 1970, 29 U.S.C. 667, provides that States which wish to assume responsibility for developing and enforcing their own occupational safety and health standards, may do so by submitting, and obtaining Federal approval of, a State plan. State plan approval occurs in stages which include initial approval under section 18(b) of the Act and, ultimately, final approval under section 18(e).

The Minnesota State plan was initially approved on May 29, 1973. On July 30, 1985, OSHA announced the final approval of the Minnesota State plan pursuant to section 18(e) and amended Subpart N of 29 CFR Part 1952 to reflect the Assistant Secretary's decision. As a result, Federal OSHA relinquished its authority with regard to occupational safety and health issues covered by the Minnesota plan. Federal OSHA retained its authority over safety and health in private sector offshore maritime employment, employment at the Twin Cities Army Ammunition Plant, and with regard to Federal government employers and employees.

29 CFR 1952.205 states that "any hazard, industry, geographical area, operation or facility over which the State is unable to effectively exercise jurisdiction for reasons not related to the required performance or structure of the plan shall be deemed to be an issue not covered by the plan which has received final approval and shall be subject to Federal enforcement. Where enforcement jurisdiction is shared between Federal and State authorities for a particular area, project, or facility, in the interest or [sic] administrative practicability Federal jurisdiction may be assumed over the entire project or facility. In either of the two aforementioned circumstances, Federal enforcement may be exercised immediately upon agreement between Federal OSHA and the State designated agency."

On December 21, 1994 Darrell E. Anderson, Director, Minnesota OSHA Management Team, Minnesota Department of Labor and Industry, wrote that because of the many "obstacles Minnesota OSHA faces in gaining access to Indian reservation worksites and tribal employers, and because Federal OSHA is not subject to the same limitations as the State . . ." Minnesota will "exclude Indian reservations from coverage under the Minnesota Occupational Safety and Health Act" (December 21, 1994 letter to Area Director Charles E. Burin).

B. Decision

To assure worker protection under the OSH Act, Federal OSHA will assume coverage over tribal and private sector employment on Indian reservations. OSHA is hereby amending 29 CFR part 1952, Subpart N, to reflect this change in the level of Federal enforcement.

List of Subjects in 29 CFR Part 1952

Intergovernmental relations, Law enforcement, Occupational safety and health, Reporting and recordkeeping requirements.

Signed at Washington, DC, this 28th day of June 1996.

Joseph A. Dear, Assistant Secretary.

For the reasons set out in the preamble 29 CFR part 1952 is amended as set forth below:

PART 1952--APPROVED STATE PLANS FOR ENFORCEMENT OF STATE STANDARDS

1. The authority citation for part 1952 continues to read as follows:

Authority: Secs. 18, 84, Stat. 1608 (29 U.S.C. 667); 29 CFR part 1902, Secretary of Labor's Order No. 1-90 (55 FR 9033).

2. Section 1952.204 is amended by revising paragraph (b) to read as follows:

1952.204 Final approval determination.

* * * * *

(b) The plan which has received final approval covers all activities of employers and all places of employment in Minnesota except for private sector offshore maritime employment, employment at the Twin Cities Army Ammunition Plant, Federal government employers and employees, and any tribal or private sector employment within any Indian reservation in the State.

* * * * *

3. Section 1952.205 is amended by revising the first four sentences of paragraph (b) to read as follows:

1952.205 Level of Federal enforcement.

* * * * *

(b) In accordance with section 18(e), final approval relinquishes Federal OSHA authority only with regard to occupational safety and health issues covered by the Minnesota plan. OSHA retains full authority over issues which are not subject to State enforcement under the plan. Thus, Federal OSHA retains its authority relative to safety and health in private sector offshore maritime activities and will continue to enforce offshore all provisions of the Act, rules or orders, and all Federal standards, current or future, specifically directed to maritime employment (29 CFR Part 1915, shipyard employment; Part 1917, marine terminals; Part 1918, longshoring; Part 1919, gear certification) as well as provisions of general industry standards (29 CFR Part 1910) appropriate to hazards found in these employments. Federal jurisdiction is also retained over the Twin Cities Army Ammunitions Plant, over Federal government employers and employees, and over any tribal or private sector employment within any Indian reservation in the State. * * * * * * * * 4. Section 1952.205 is further amended by removing the word "or" immediately preceding the words "administrative practicability" in the second to last sentence in paragraph (b) and adding the word "of" in its place.

[FR Doc. 96-17794 Filed 7-12-96; 8:45 am]