[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)][Notices][Pages 35063-35064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12821]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2012-0029]
Hawaii State Plan for Occupational Safety and Health; Operational
Status Agreement Revisions
AGENCY: Occupational Safety and Health Administration, Department of
Labor.
ACTION: Notice.
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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 has reassumed
additional coverage.
DATES: Effective June 1, 2016.
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
The Hawaii Occupational Safety and Health Division (HIOSH)
administers an OSHA-approved State Plan to develop and enforce
occupational safety and health standards for public-sector and private-
sector employers pursuant to the provisions of section 18 of the
Occupational Safety and Health Act (the Act), 29 U.S.C. 667. Pursuant
to section 18(e) of the Act, 29 U.S.C. 667(e), OSHA granted Hawaii
final approval effective April 30, 1984 (49 FR 19182).
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 supplemental federal enforcement
activity and to allow Hawaii sufficient time and assistance to
strengthen its State Plan. 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 HIOSH, which
specified the respective areas of federal and state authority.
During its developmental period under initial approval, Hawaii's
Department of Labor and Industrial Relations has taken several steps in
rebuilding the capacity of HIOSH. Hawaii is committed to redeveloping
its State Plan, has increased its staff recruitment to reach its
staffing benchmark, and has exceeded the OSA's goal for the number of
inspections in Fiscal Year 2015. HIOSH and OSHA have worked together to
strengthen the State Plan. Since 2012, OSHA and HIOSH have agreed to
several addenda to the OSA to return greater responsibility to HIOSH.
Accordingly, this notice provides information about the revisions to
the OSA made in Fiscal Years 2015 and 2016.
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 2015. Under the 2012
OSA, Federal OSHA obtained and still retains coverage over all Federal
employees and sites (including the United States Postal Service (USPS),
USPS contract employees, and contractor-operated facilities engaged in
USPS mail operations), private-sector maritime activities, and private-
sector employees within the secured borders of all military
installations where access is controlled. Under the 2012 OSA, Federal
OSHA 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
the general industry and construction standards (29 CFR parts 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 employment. In the Fiscal
Year 2014 addendum to the OSA, Hawaii regained authority 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)). The FY 2014
addendum also provided a mechanism for the most-available agency to
respond to life-threatening situations on neighbor islands (79 FR 8855,
February 14, 2014).
The Fiscal Year 2015 addendum to the OSA returned coverage over
agriculture and general industry (except refineries (NAICS 324) and any
other private-sector facilities that include processes covered by the
process safety management standard (29 CFR 1910.119)) to HIOSH. Federal
OSHA continues to cover refineries (NAICS 324) and any other private-
sector facilities that include processes covered by the process safety
management standard (29 CFR 1910.119) and enforces 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.
All terms of the 2012 OSA, as amended, remain in effect. The FY
2016 addendum updates the OSA's plan of action and milestones for HIOSH to
work towards regaining section 18(e) final approval status. OSHA will
continue to work with, and provide assistance to, HIOSH.
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 (76 FR 3912), and 29
CFR part 1902.
Signed in Washington, DC, on May 25, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-12821 Filed 5-31-16; 8:45 am]
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