DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Minnesota State Standards; Notice of Approval

Background

Part 1953 of Title 29, Code of Federal Regulations, prescribes procedures under section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667) (hereinafter called the Act) by which the Regional Administrator for the Occupational Safety and Health (hereinafter called the Regional Administrator), under 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 June 8, 1973, notice was published in the Federal Register (38 FR 15076) of the approval of the Minnesota plan and the adoption of Subpart N of Part 1952 containing the decision. The Minnesota plan provides for the adoption of Federal standards as State standards by reference after an opportunity for public comment and/or requests for public hearings. OSHA regulations (29 CFR 1953.22 and 23) require that States respond to the adoption of new or revised permanent Federal standards by State promulgation of comparable standards within six months of publication in the Federal Register, and within 30 days for emergency temporary standards. Although adopted Federal standards or revisions to standards must be submitted for OSHA review and approval under procedures set forth in Part 1953, they are enforceable by the state prior to federal review and approval. By a letter dated December 13, 1993, the State submitted State Standards which are comparable to Occupational Exposure to 4,4'-Methylenedianiline (MDA); Approval of Information Collection Requirements, as published in the Federal Register (57 FR 49649) on November 3, 1992; Control of Hazardous Energy Sources (Lockout/Tagout); Supplemental Statement of Reasons, as published in the Federal Register (58 FR 16612) on March 30, 1993; Occupational Exposure to Cadmium; Corrections and Amendments to Final Rule, as published in the Federal Register (58 FR 21778) on April 23, 1993; and Lead Exposure in Construction; Interim Final Rule, as published in the Federal Register (58 FR 26590) on May 4, 1993. The order of adoption was published in the State Register (18 S.R. 1065) on October 11, 1993, pursuant to Minnesota Statute 182.655 (1992), and went into effect on October 16, 1993. By a letter dated August 4, 1994, the State submitted State Standards which are comparable to Safety Standards for General Industry and Construction; Technical Amendments, as published in the Federal Register (58 FR 35306) on June 30, 1993; Electric Power Generation, Transmission and Distribution; Electrical Protective Equipment, as published in the Federal Register (59 FR 4320) on January 31, 1994; Occupational Safety and Health Standards for Cadmium in Shipyard Employment and Construction; Final Rule -- Miscellaneous Corrections and Technical Amendments, as published in the Federal Register (59 FR 146) on January 3, 1994; and Occupational Exposure to Lead in Construction; Interim Final Rule -- Approval of Information Collection Requirements, as published in the Federal Register (58 FR 34218) on June 24, 1993. The letter also served to incorporate into Minnesota Rules the redesignation of the regulatory text of the general industry standards that have been identified as applicable to construction work as published in the Federal Register (58 FR 35076) and corrected in the Federal Register (58 FR 40468) on July 28, 1993. The order of adoption was published in the State Register (19 S.R. 187) on July 25, 1994, pursuant to Minnesota Statute 182.655 (1992), and went into effect on July 30, 1994, with the exception of 1910.269(a)(2) which was effective January 31, 1995. By a letter dated November 17, 1994, the State submitted State Standards which are comparable to Grain Handling Facilities; Final Decision Statement, as published in the Federal Register (59 FR 15339) on April 1, 1994; Personal Protective Equipment for General Industry; Final Rule, as published in the Federal Register (59 FR 16334) on April 6, 1994; and Electric Power Generation, Transmission, and Distribution; Electrical Protective Equipment; Final Rule -- Stay of Enforcement of Certain Provision and Correction, as published in the Federal Register (59 FR 33658) on June 30, 1994. The order of adoption was published in the State Register (19 S.R. 887) on October 24, 1994, pursuant to Minnesota Statute 182.655 (1992), and went into effect on October 29, 1994.

By a letter dated January 18, 1995, the State submitted State Standards which are comparable to Occupational Exposure to Asbestos in Construction (1926.1101), General Industry (1910.1001), and Shipyard Employment (1915.1001), as published in the Federal Register (59 FR 40964) on August 10, 1994; Retention of DOT Markings, Placards, and Labels (1910.1201, 1915.100, 1917.29, 1918.100, and 1926.61), as published in the Federal Register (59 FR 36695) on July 19, 1994; Safety Standard for Fall Protection in Construction (1926, Subpart M), as published in the Federal Register (59 FR 40672) on August 9, 1994; Amendments to the Hazardous Waste Operations and Emergency Response Standard (1910.120 and 1926.65), as published in the Federal Register (59 FR 43268) on August 22, 1994; and Confined and Enclosed Spaces and other Dangerous Atmospheres in Shipyard Employments, as published in the Federal Register (59 FR 37816) on July 25, 1994. The order of adoption was published in the State Register (19 S.R. 1459) on January 3, 1995, pursuant to Minnesota Statute 182.655 (1992), and went into effect on January 8, 1995, with the exception of the Fall Protection in Construction Standard which was effective February 6, 1995. By a letter dated March 27, 1995, the State submitted a State Standard which is comparable to Logging Operations, Final Rule, as published in the Federal Register (59 FR 51672) on October 12, 1994. The order of adoption was published in the State Register (19 S.R. 1900) on March 13, 1995, pursuant to Minnesota Statute 182.655 (1992), and went into effect on March 18, 1995. These standards, which are contained in the Minnesota Occupational Safety and Health Codes and Rules, were promulgated after notice was published offering an opportunity for public comments and/or requests for public hearings.

Decision

Having reviewed the State submission in comparison with the Federal standards, it has been determined that the State standards and amendments are identical to the Federal standards and accordingly are approved.

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, 230 S. Dearborn Street, Room 3244, Chicago, Illinois 60604; State of Minnesota, Department of Labor and Industry, 443 Lafayette Road, St. Paul, Minnesota 55155; and the Directorate of Federal-State Operations, Room N3700, 200 Constitution Avenue, NW., Washington, DC 20210. For electronic copies of this Federal Register notice, contact OSHA's Web Page at www.osha.gov/.

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 Minnesota State Plan as a proposed change and makes the Regional Administrator's approval effective upon publication for the following reasons:

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

2. The standards were adopted in accordance with the procedural requirements of State law and further participation would be unnecessary.

This decision is effective January 23, 1997.

(§ 18, Pub. L. 91-596, 84 Stat. 1608 [29 U.S.C. 667])

Signed at Chicago, Illinois this 4th day of November 1996.

Sandra J. Taylor,
Acting Regional Administrator.

[FR Doc. 97-1565 Filed 1-22-97; 8:45 am)