DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Oregon State Standards; Notice of 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 of Oregon has submitted by letter dated October 16, 1992, from John A. Pompei, Administrator, to James W. Lake, Regional Administrator, a repeal of three Oregon codes -- Division 94, Shipbuilding, Shipbreaking, Ship Repair; Division 307, Marine Terminals; and Division 308, Longshoring -- and the adoption by reference of the following federal standards into a new Division 5, Maritime Activities: 29 CFR 1915, Occupational Safety and Health Standards for Shipyard Employment; 1917, Marine Terminals; and 1918, Safety and Health Regulations for Longshoring, with the exception of 1917.27(a)(2), concerning the percentage of oxygen in IDLH atmospheres (Oregon requires 19.5%), and 1918.93(d), on hiring (Oregon added provisions required by the Americans with Disabilities Act). Oregon also retained two additional State-initiated rules, concerning fall protection for line handling in Marine Terminals, and the weight of containerized cargo in Longshoring. In addition, Oregon adopted references to other Oregon standards that apply to maritime activities: OAR 437, Division 1, General Administrative Rules; 1910.95, Occupational Noise Exposure; 1910.147, Control of Hazardous Energy (Lockout/Tagout); OAR 437-02-161, Medical and First Aid; OAR Division 2/L, Fire Protection and OAR 437-02-182, Fire Fighters; OAR 437, Division 2/N, OAR 437-02-228 through 235 and 1910.179 through .184 pertaining to Cranes; OAR 437, Division 1, General Provisions; OAR 437, Division 2/M, Compressed Gas and Compressed Air Equipment and OAR 437-02-223, Commercial and Industrial Trucks. The State of Oregon also adopted the following additional and preexisting State standards for shipyard employment: OAR 437-05-025, Ladders to Docks; OAR 437-04-030, Air Contaminants, in lieu of 1915.1000; OAR 437-05-0035, Additional Asbestos Rules; OAR 437-05-040, Rules for MOCA (4,4'-Methylene Bis (2-chloroaniline)); OAR 437-04-045, Amendment to 1915.1029(j)(1)(ii) for Benzene to require that pipes be labeled and OAR 437-05-050, Rules for Pipe Labeling. The State rules were adopted on September 24, 1992, effective November 1, 1992, under Oregon Administrative Order 9-1992. The State standards originally received Federal Register approval (40 FR 58704) on December 18, 1975. Before approval of this State-initiated change was made, the State in response to Federal standard changes published in the Federal Register (58 FR 35512) on July 1, 1993, submitted by letter dated January 20, 1994, from John A. Pompei, administrator, to James W. Lake, Regional Administrator, State standards comparable to 1915.5, 1915.12(a)(3) & (b)(3), 1915.99 and 1915 Subpart Z (except in lieu of 1915.1000, the State has its equivalent standard, OAR 437-05-030). The State rules were adopted and effective December 29, 1993, under Administrative Order 19-1993.

2. Decision. OSHA has determined that the State standards for Division 5, Maritime Activities (Shipyard Employment, Marine Terminals, and Longshoring), as amended through December 29, 1993, are at least as effective as the comparable Federal standards, as required by Section 18(c)(2) of the Act. These standards have been in effect since December 29, 1993. During that time OSHA has received no indication of significant objection to the State's diffeerent standard either as to its effectiveness in comparison to the Federal standard or as to its conformance with the product clause requirements of section 18(c)(2) of the Act. (A different State standard applicable to a product which is distributed or used in interstate commerce must be required by compelling local conditions and not unduly burden interstate commerce.) OSHA therefore approves these standards; however, the right to reconsider this approval is reserved should substantial objections be submitted to the Assistant Secretary. The State standards were adopted pursuant to ORS5 654.025(2), ORS 656.726(3) and ORS 183.335.

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 Consumer and Business Services, Salem, Oregon 97310; and the Office of State Programs, Occupational Safety and Health Administration, Room N-3476, 200 Constitution Avenue, NW, Washington, D.C. 20210. An electronic copy of this Federal Register notice may be obtained from the OSHA home page, http://www.osha.gov.

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 standards amendments are at least as effective as the federal standards which were promulgated in accordance with the federal law including meeting requirements for public participation.

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

This decision is effective January 4, 1999. (Sec. 18, Pub. L. 91-596, 84 STAT. 6108 [29 U.S.C. 667])

Signed at Seattle, Washington, this 16th day of October 1998.

Richard S. Terrill,
Acting Regional Administrator.

[FR Doc. 98-34741 Filed 12-31-98; 8:45 am]

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