[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
  [Notices]
  [Pages 7867-7868]
  From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
  [FR Doc No: 2017-01414]


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  DEPARTMENT OF LABOR

  Occupational Safety and Health Administration

  [Docket No. OSHA-2017-0003]


  Michigan State Plan; Change in Level of Federal Enforcement:
  Marine Construction

  AGENCY: Occupational Safety and Health Administration (OSHA),
  Department of Labor.

  ACTION: Notice.

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  SUMMARY: This document gives notice of OSHA's approval of a change to
  the State of Michigan's Occupational Safety and Health State Plan that
  clarifies that marine construction is included in its State Plan.
  Therefore, OSHA announces an amendment to the Operational Status

  Agreement between OSHA and the Michigan State Plan to clarify
  Michigan's coverage of marine construction.

  DATES: Effective Date: January 23, 2017.

  FOR FURTHER INFORMATION CONTACT:
      For press inquiries, contact Francis Meilinger, Director, Office of
  Communications, Room N-3647, OSHA, 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, contact Douglas J.
  Kalinowski, Director, Directorate of Cooperative and State Programs,
  Room N-3700, OSHA, U.S. Department of Labor, 200 Constitution Avenue
  NW., Washington, DC 20210; telephone: (202) 693-2200; email:
  kalinowski.doug@dol.gov.

  SUPPLEMENTARY INFORMATION: Section 18 of the Occupational Safety and
  Health Act of 1970, 29 U.S.C. 667 (OSH Act), provides that states that
  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 that include initial approval under Section 18(c) of the Act
  and, ultimately, final approval under Section 18(e).
      The Michigan State Plan was initially approved under Section 18(b)
  of the OSH Act and 29 CFR part 1902 on September 24, 1973 (38 FR 27388,
  October 3, 1973). The Michigan State Plan is administered by the
  Michigan Department of Licensing and Regulatory Affairs, Michigan
  Occupational Safety and Health Administration (MIOSHA). On January 6,
  1977, an Operational Status Agreement was entered into between OSHA and
  the Michigan State Plan agency whereby concurrent federal enforcement
  authority was suspended with regard to most federal occupational safety
  and health standards in issues covered by the state's OSHA-approved
  occupational safety and health plan. Federal OSHA retained its
  authority over safety and health in private sector maritime employment,
  with regard to federal government employers and employees, and
  employees of the U.S. Postal Services (effective June 9, 2000), and
  employers who are enrolled members of Indian tribes and who own or
  operate businesses located within the boundaries of Indian
  reservations.
      MIOSHA has covered construction since the Plan's inception. A legal
  issue has arisen as to whether employees engaged in marine construction
  are covered by the Longshore and Harbor Workers' Compensation Act (33
  U.S.C. 901 et seq.) and thus were included in Federal OSHA's coverage
  of maritime employment. MIOSHA requested that its coverage be clarified
  to explicitly include coverage over marine construction. OSHA and
  MIOSHA have agreed to amendments to the State Plan's Operational Status
  Agreement (OSA) that clarify that the exclusion of private sector
  maritime employment from the State Plan does not include marine
  construction, and the State Plan's coverage of construction includes
  marine construction. The amendment was signed on July 25, 2016. All
  other terms of the OSA remain in effect.

  Authority and Signature

      David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
  Occupational Safety and Health, U.S. Department of Labor, 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 parts 1902 and 1953.

      Dated: January 9, 2017.
  David Michaels,
  Assistant Secretary of Labor for Occupational Safety and Health
  [FR Doc. 2017-01414 Filed 1-19-17; 8:45 am]
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