[Federal Register Volume 89, Number 221 (Friday, November 15, 2024)]
[Notices]
[Pages 90317-90318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26535]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
Utah State Plan; Change in Level of Federal Enforcement: Private-
Sector Employment on Military Bases
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Notice.
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SUMMARY: Federal OSHA currently has coverage over private sector
employers at Hill Air Force Base and the Tooele Army Depot while the
Utah State Plan covers private sector employers on all other United
States military facilities within the State. This document gives notice
of OSHA's approval of a change to the State of Utah's Occupational
Safety and Health State Plan reinstating Federal OSHA enforcement
authority over private sector employment on all United States military
facilities and bases in Utah.
DATES: Applicability Date: November 15, 2024.
FOR FURTHER INFORMATION CONTACT:
For press inquiries: Mr. Frank Meilinger, Director, OSHA Office of
Communications: 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:
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
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, which include initial approval under section 18(c) of the
OSH Act and, ultimately, final approval under section 18(e), signifying
relinquishment of Federal enforcement authority with respect to
occupational safety and health issues covered by the State Plan.
The Utah State Plan was initially approved under section 18(c) of
the OSH Act on January 10, 1973 (38 FR 1178). The Utah State Plan is
administered by the Utah Occupational Safety and Health Division (UOSH)
of the Utah Labor Commission. On July 16, 1985, OSHA announced the
final approval of the Utah State Plan pursuant to section 18(e) and
amended 29 CFR part 1952 to reflect the Assistant Secretary's decision
(50 FR 28770). As a result, Federal OSHA relinquished its enforcement
authority regarding occupational safety and health issues covered by
the Utah State Plan.
The Utah State Plan covers most private sector and all State and
local government workers. The Utah State Plan does not cover: Federal
Government employers, including the United States Postal Service
(USPS), contract workers and contractor-operated facilities engaged in
USPS mail operations; maritime employment; employment at the United
States Department of Energy's (DOE) Naval Petroleum and Oil Shale
Reserve; all working conditions of aircraft cabin crewmembers onboard
aircraft in operation; the enforcement of the field sanitation
standard, 29 CFR 1928.110, and the temporary labor camps standard, 29
CFR 1910.142, with respect to any agricultural establishment where
workers are engaged in ``agricultural employment''--within the meaning
of the Migrant and Seasonal Agricultural Worker Protection Act, 29
U.S.C. 1802(3) \1\--regardless of the number of workers; and any
hazard, industry, geographic area, operation, or facility over which
the State is unable to effectively exercise authority for reasons not
related to the required performance
or structure of the plan. In addition, Federal OSHA retains enforcement
of the anti-retaliation provision of the Occupational Safety and Health
Act of 1970, section 11(c), 29 U.S.C. 660(c), with respect to the
private sector. The Utah State Plan concurrently investigates private
sector and State and local government workplace retaliation cases under
a provision analogous to section 11(c). The Exceptions to the Utah
State Plan's occupational safety and health coverage are listed on
OSHA's website at https://www.OSHA.gov/stateplans/ut.
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\1\ This includes workers engaged in hand packing of produce
into containers, whether done on the ground, on a moving machine, or
in a temporary packing shed, except that the Utah State Plan retains
authority with respect to agricultural temporary labor camps engaged
in egg, poultry, or red meat production or the post-harvest
processing of agricultural or horticultural commodities. The
Department of Labor Wage and Hour Division enforces the field
sanitation standard and temporary labor camp standard with respect
to the operations not covered by the Utah State Plan.
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On March 25, 2024, the Utah State Plan requested that Federal OSHA
resume enforcement authority over all private-sector employment on
United States military facilities and bases within the State of Utah.
Federal OSHA already retained enforcement authority over two bases in
the State, Hill Air Force Base and the Tooele Army Depot, which
includes the Tooele Chemical Demilitarization Facility. The Utah State
Plan cited access restrictions impeding timely inspections and
investigations on military installations as the primary reason for
requesting this change in coverage. After discussions between Federal
OSHA and the Utah State Plan, both agencies agreed that Federal OSHA
coverage of all private sector employers on United States military
facilities and bases was the best solution to ensure prompt and
effective protection of private sector workers on such military
facilities and bases in Utah. Accordingly, notice is hereby given of
the change in Federal enforcement authority over private sector
employers on all United States military facilities and bases in Utah,
and coverage is transferred from the Utah State Plan to Federal OSHA.
Authority and Signature
Douglas L. Parker, 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. 8-2020 (85 FR
58383), and 29 CFR parts 1902, 1953 and 1955.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-26535 Filed 11-14-24; 8:45 am]
BILLING CODE 4510-26-P
