[Federal Register Volume 79, Number 31 (Friday, February 14, 2014)][Rules and Regulations][Pages 8855-8857]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03286]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1952
[Docket No. OSHA 2012-0029]
RIN 1218-AC89
Hawaii State Plan for Occupational Safety and Health; Operational
Status Agreement Revisions
AGENCY: Occupational Safety and Health Administration, Department of
Labor.
ACTION: Final rule.
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SUMMARY: This document announces revisions to the Operational Status
Agreement between the Occupational Safety and Health Administration
(OSHA) and the Hawaii State Plan, which specifies the respective areas
of federal and state authority, and under which Hawaii will reassume
additional coverage.
DATES: Effective February 14, 2014.
FOR FURTHER INFORMATION CONTACT:
For press inquiries: Francis Meilinger, OSHA Office of
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210; telephone (202) 693-1999; email:
meilinger.francis2@dol.gov.
For general and technical information: Douglas J. Kalinowski,
Director, OSHA Directorate of Cooperative and State Programs, Room N-
3700, U.S. Department of Labor, 200 Constitution Avenue NW., Washington
DC 20210; telephone: (202) 693-2200; email: kalinowski.doug@dol.gov.
SUPPLEMENTARY INFORMATION:
Background
Hawaii administers an OSHA-approved state plan to develop and
enforce occupational safety and health standards for public and private
sector employers, pursuant to the provisions of Section 18 of the
Occupational Safety and Health Act (the Act). Pursuant to Section 18(e)
of the Act, OSHA granted Hawaii "final approval" effective April 30,
1984 (49 FR 19182). A final approval determination results in the
relinquishment of federal concurrent enforcement authority in the state
with respect to occupational safety and health issues covered by the
plan. 29 U.S.C. 667(e).
From 2009-2012, the Hawaii State Plan faced major budgetary and
staffing restraints that significantly affected its program. Therefore,
the Hawaii Director of Labor and Industrial Relations requested a
temporary modification of the state plan's approval status from final
approval to initial approval, to permit exercise of supplemental
federal enforcement activity and to allow Hawaii sufficient time and
assistance to strengthen its state plan. On June 22, 2012, a Notice of
Proposed Rulemaking was published and on September 21, 2012, OSHA
published a Final Rule in the Federal Register (77 FR 58488) that
modified the Hawaii State Plan's "final approval" determination under
Section 18(e) of the Act, transitioned the Plan to "initial approval"
status under Section 18(b) of the Act, and reinstated concurrent
federal enforcement authority over occupational safety and health
issues in the private sector. That
Federal Register notice also provided notice of the Operational Status
Agreement (OSA) between OSHA and the Hawaii Occupational Safety and
Health Division (HIOSH), which specified the respective areas of
federal and state authority.
After the first year of the planned three-year developmental
period, Hawaii's Department of Labor and Industrial Relations has taken
the initial steps in rebuilding the capacity of HIOSH. Hawaii is
committed to redeveloping its State Plan, and has increased its staff
recruitment to reach its staffing benchmark, and has increased its
inspection activity by 148% over the prior fiscal year. HIOSH and OSHA
have worked together to strengthen the State Plan. A meeting between
federal and state representatives on September 11-13, 2013 discussed
the successes and challenges of the first year under the OSA and worked
to clarify the next steps needed to be taken as the state agency
further develops. OSHA and HIOSH agreed to amend the OSA to return
greater responsibility to HIOSH for Fiscal Year 2014. Accordingly, this
final rule amends OSHA regulations to reflect this change in the OSA
between the parties by removing the reference to the specific 2012 OSA.
Notice of Revisions to the Operational Status Agreement
Federal OSHA and HIOSH will exercise their respective enforcement
authority according to the terms of the 2012 OSA between OSHA and
HIOSH, which specifies the respective areas of federal and state
authority, with revisions agreed to in September 2013. Under the 2012
OSA, Federal OSHA retained coverage over all Federal employees and
sites, private sector maritime activities, private sector employees
within the secured borders of all military installations where access
is controlled, and United States Postal Service including contract
workers and contractor operated facilities, and assumed coverage over
agriculture and most of general industry including facilities that
include processes covered by the Process Safety Management standard (29
CFR 1910.119) as well as provisions of general industry and
construction standards (29 CFR 1910 and 1926) appropriate to hazards
found in that employment. Hawaii retained coverage over the
construction industry, transportation and warehousing, and state and
local government as an employer. All terms of the 2012 OSA remain in
effect, except that Hawaii will resume responsibility over
Manufacturing (NAICS 31 through 33) except Refineries (NAICS 324) and
any other private sector facilities that include processes covered by
the Process Safety Management standard (29 CFR 1910.119). Federal OSHA
will also enforce provisions of the Act and of the general industry and
construction standards appropriate to hazards found in facilities with
processes that are covered by the Process Safety Management standard.
Further, the revised OSA provides a mechanism for the most-available
agency to respond to life-threatening situations on neighbor islands.
Regulatory Flexibility Analysis and Unfunded Mandates
In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et
seq. (as amended), OSHA examined the regulatory requirements of the
final rule to determine whether it would have a significant economic
impact on a substantial number of small entities. Since no employer of
any size will have any new compliance obligations, the Agency certifies
that the final rule will not have a significant economic impact on a
substantial number of small entities. OSHA also reviewed this final
rule in accordance with the Unfunded Mandates Reform Act of 1995 (UMRA;
2 U.S.C. 1501 et seq.) and Executive Order 12875 (56 FR 58093). Because
this rule imposes no new compliance obligations, it requires no
additional expenditures by either private employers or State, local,
and tribal governments.
Federalism
Executive Order 13132, "Federalism," (64 FR 43255, August 10,
1999) emphasizes consultation between Federal agencies and the States
and establishes specific review procedures the Federal government must
follow as it carries out policies which affect State or local
governments. OSHA has consulted extensively with Hawaii about this
modification of the Operational Status Agreement. Although OSHA has
determined that the requirements and consultation procedures provided
in Executive Order 13132 are not applicable to approval decisions under
the Act, which have no effect outside the particular State, OSHA has
reviewed this final rule, and believes it is consistent with the
principles and criteria set forth in the Executive Order.
Administrative Procedures
This Federal Register document is designated a "final rule." That
designation is necessary because OSHA publishes a general description
of every state plan in 29 CFR part 1952. Because they are set forth in
the Code of Federal Regulation, these descriptions can be updated only
by publishing a "final rule" document in the final rules section of
the Federal Register. Such rules do not contain any new federal
regulatory requirements, but merely provide public information about
the state plan.
OSHA finds that good cause exists for making this rule effective
immediately upon publication in the Federal Register. Today's action is
solely a change in Federal OSHA's procedures. It does not impose any
new compliance obligations on affected employers, since Hawaii's safety
and health standards and regulations are virtually all identical to
OSHA's regulations. There are a very few instances in which Hawaii has
more stringent requirements; however these state standards remain in
effect and OSHA will make referrals to the state when needed.
Therefore, employers' compliance obligations are not legally affected
by the amendment to the OSA announced in this notice. For these
reasons, public notice and comment are unnecessary, and good cause
exists for making this final rule effective upon publication in the
Federal Register. Accordingly, OSHA finds that public participation is
unnecessary, and this rule is effective upon publication in the Federal
Register.
List of Subjects in 29 CFR Part 1952
Intergovernmental relations, Law enforcement, Occupational safety
and health.
Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Ave. NW., Washington, DC, authorized the preparation of
this notice. OSHA is issuing this notice under the authority specified
by Section 18 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 667), Secretary of Labor's Order No. 1-2012 (77 FR 3912), and 29
CFR part 1902.
Signed in Washington, DC, on February 10, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
Accordingly, for the reasons set forth in the Preamble, 29 CFR Part
1952 is amended as set forth below.
PART 1952--[AMENDED]
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1. The authority citation for part 1952 continues to read as follows:
Authority: Sec. 18, 84 Stat. 1608 (29 U.S.C. 667); 29 CFR part
1902; Secretary of Labor's Order No. 1-2012 (77 FR 3912).
Subpart Y--Hawaii
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2. Amend Sec. 1952.314 by revising paragraph (b) to read as follows:
Sec. 1952.314 Level of Federal enforcement.
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(b) To provide a workable division of enforcement responsibilities,
Hawaii and Federal OSHA have entered into an operational status
agreement. Electronic copies of the agreement are available at:
http://www.osha.gov/dcsp/osp/stateprogs/hawaii.html.
[FR Doc. 2014-03286 Filed 2-13-14; 8:45 am]
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