[Federal Register Volume 82, Number 105 (Friday, June 2, 2017)]
[Notices]
[Pages 25631-25632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11422]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2017-0008]
California State Plan; New Operational Status Agreement
AGENCY: Occupational Safety and Health Administration, Department of
Labor.
ACTION: Notice.
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SUMMARY: This document announces a new Operational Status Agreement
between the Occupational Safety and Health Administration (OSHA) and
the California State Plan, which specifies the respective areas of
federal and state authority, and which clarifies California's coverage
over maritime employment and OSHA's coverage over private employers on
military installations and federal parks, and under which OSHA gains
coverage over private and tribal employers on U.S. Government-
recognized Native American reservations and trust lands.
DATES: Effective June 2, 2017.
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: The California State Plan (Cal/OSHA)
administers an OSHA-approved State Plan to develop and enforce
occupational safety and health standards for private-sector and state
and local government employers pursuant to the provisions of section 18
of the Occupational Safety and Health
Act (the Act), 29 U.S.C. 667. The California State Plan received
initial federal OSHA plan approval on May 1, 1973 (38 FR 10719) and the
Division of Occupational Safety and Health of the California Department
of Industrial Relations is designated as the state agency responsible
for administering the State Plan. On October 3, 1989, an Operational
Status Agreement was entered into between OSHA and Cal/OSHA whereby
concurrent federal enforcement authority was suspended with regard to
federal occupational safety and health standards in issues covered by
the State Plan. Federal OSHA retained its authority over occupational
safety and health with regard to federal government employers and
employees, and employees of the U.S. Postal Service (effective June 9,
2000). OSHA also retained its authority over private-sector maritime
employment on the navigable waters of the United States; private-sector
contractors on federal installations; whistleblower complaints under
Section 11(c) of the Act; emergency temporary standards; and employers
manufacturing explosives for the U.S. Department of Defense. Notice of
this OSA was published in the Federal Register on July 12, 1990 (55 FR
28613), and there were subsequent minor amendments to the OSA. That
1990 Federal Register Notice contained a full history of the California
State Plan.
Notice of New Operational Status Agreement
OSHA and Cal/OSHA signed a new OSA on April 30, 2014, which
replaced the prior 1989 OSA. This new OSA clarified that concurrent
federal enforcement authority would not be initiated with regard to any
federal occupational safety and health standards in issues covered by
the State Plan. Under the 2014 OSA, Federal OSHA retained 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). The OSA also clarified
that federal OSHA has enforcement authority over private-sector
employers within the borders of all military installations and within
U.S. National Parks, National Monuments, National Memorials, and
National Recreational Areas in California. Further, OSHA gained
enforcement authority over private-sector and tribal employers within
U.S. Government-recognized Native American reservations and trust
lands. Under the 2014 OSA, Federal OSHA retained authority over
maritime employment (except marine construction on bridges and on
shore) on the navigable waters of the United States and over
whistleblower complaints under Section 11(c) of the Act. The 2014 OSA
also did not contain the language from the 1989 OSA about specific
elements of the Cal/OSHA program that had achieved operational status.
Federal OSHA and Cal/OSHA will exercise their respective
enforcement authority according to the terms of the 2014 OSA between
OSHA and Cal/OSHA. All terms of the 2014 OSA remain in effect.
Additional information about this OSA is available at https://www.osha.gov/dcsp/osp/stateprogs/california.html.
Authority and Signature
Dorothy Dougherty, 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 (76 FR
3912), and 29 CFR part 1902 and 1953
Signed in Washington, DC, on May 25, 2017.
Dorothy Dougherty,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-11422 Filed 6-1-17; 8:45 am]
BILLING CODE 4510-26-P
