[Federal Register Volume 61, Number 207 (Thursday, October 24, 1996)]
[Rules and Regulations]
[Pages 55098-55100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27203]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1952
Approved State Plans for Enforcement of State Standards Approval
of Supplements to the Kentucky, Tennessee, Wyoming and Indiana State
Plans
AGENCY: Department of Labor, Occupational Safety and Health
Administration (OSHA).
ACTION: Final Rule.
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SUMMARY: This document gives notice of Federal approval of State Plan
supplements concerning the Kentucky, Tennessee, Wyoming and Indiana
Voluntary Protection Programs (VPP). These programs are modeled on the
OSHA VPP, which recognize excellence in worksite safety and health.
Employers participating in VPP can realize lower workers' injury rates,
lower workers' compensation costs and greater employee productivity.
EFFECTIVE DATE: October 24, 1996.
FOR FURTHER INFORMATION CONTACT: Ann Cyr, Acting Director, Office of
Information and Consumer Affairs, Occupational Safety and Health
Administration, U.S. Department of Labor, Room N3647, 200 Constitution
Avenue, N. W., Washington, D.C., 20210, Telephone (202) 219-8148.
SUPPLEMENTARY INFORMATION
A. Background
Kentucky. The Kentucky Occupational Safety and Health Plan was
approved under section 18(c) of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 667(c)) (hereinafter referred to as the Act) and
Part 1902 of this chapter on July 31,1973 (38 FR 20324). A
determination of final approval was made under section 18(e) of the Act
on June 13, 1985 (50 FR 24896).
Tennessee. The Tennessee Occupational Safety and Health Plan was
approved under section 18(c) of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 667(c)) (hereinafter referred to as the Act) and
Part 1902 of this chapter on July 5, 1973 (38 FR 17840). A
determination of final approval was made under section 18(e) of the Act
on July 22, 1985 (50 FR 29669).
Wyoming. The Wyoming Occupational Safety and Health Plan was
approved under section 18(c) of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 667(c)) (hereinafter referred to as the Act) and
Part 1902 of this chapter on April 25, 1974 (39 FR 15394). A
determination of final approval was made under section 18(e) of the Act
on June 27, 1985 (50 FR 26548).
Indiana. The Indiana Occupational Safety and Health Plan was
approved under Section 18(c) of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 667(c)) (hereinafter referred to as the Act) and
Part 1902 of this chapter on March 6, 1974 (39 FR 8611). A
determination of final approval was made under section 18(e) of the Act
on September 26, 1986 (51 FR 34206). Part 1953 of this chapter provides
procedures for the review and the approval of State change supplements
by the Assistant Secretary of Labor for Occupational Safety and Health
(hereinafter referred to as the Assistant Secretary).
B. Description of Supplements
The Federal Voluntary Protection Programs (VPP) are designed to
recognize and promote effective safety and health program management.
In the VPP, management, labor and OSHA establish cooperative
relationships at workplaces that have implemented strong programs.
VPP participants are a select group of facilities that have
designed and implemented outstanding safety and health programs. The
Star Program is the most highly selective program and is for applicants
with safety and health programs that are comprehensive and are
successful in reducing workplace hazards. It is open to any industry
and to companies with injury incidence and lost workday injury rates at
or below the industry's national average. Star participants are
evaluated onsite every three years, with annual injury rate reviews.
The Merit Program provides a planned set of ``stepping stones'' to Star
participation for those employers who have demonstrated the potential
and willingness to achieve Star requirements. Open to sites with injury
rates above the industry's national average, Merit participants are
evaluated onsite annually. The Demonstration Program allows evaluation
of criteria different from, but potentially as protective for workers
as the Star criteria.
Approved VPP participants must meet all relevant OSHA standards and
have an on-going safety program. OSHA will verify qualifications,
exempt participants from regularly scheduled inspections, provide
necessary technical support, investigate complaints and accidents, and
evaluate the program. Participation does not diminish employer/employee
rights or responsibilities under the Occupational Safety and Health Act
of 1970. States operating OSHA approved State plans are encouraged to
develop their own parallel programs.
Kentucky. On October 6, 1995, Bill Riggs, Former Secretary,
Kentucky Labor Cabinet, submitted a plan change supplement concerning
Kentucky's Voluntary Protection Programs (VPP). Kentucky's VPP was
found to be generally identical to the Federal Voluntary Protection
Program, with the exception that the State's VPP is limited to the Star
Program in general industry, and excludes the Merit and Demonstration
Programs. Kentucky will require that all elements of the employer's
program be in place at least 12 months prior to application. The
[[Page 55099]]
program is known as the Voluntary Protection Partnership of Kentucky.
Tennessee. On April 25, 1996, Alphonso R. Bodie, Commissioner,
Department of Labor, Tennessee, submitted a plan change supplement
concerning Tennessee's Voluntary Protection Programs (VPP) with
subsequent clarification submitted by letter dated August 30, 1996.
Tennessee's VPP was found to be generally identical to the Federal
Voluntary Protection Program, with the exception that the State's VPP
is limited to the Star Program in general industry and excludes the
Merit and Demonstration Programs. The program is known as the Tennessee
Volunteer Star Program.
Wyoming. On August 9, 1993, Stephen R. Foster, Safety
Administrator, Worker's Safety and Compensation Division, submitted a
plan change supplement concerning Wyoming's Voluntary Protection
Program (VPP). Wyoming's VPP is generally identical to the Federal
Voluntary Protection Program, with the exception of organizational and
position titles.
Indiana. On June 18, 1996, Kenneth Zeller, Commissioner, Indiana
Department of Labor, submitted a plan change supplement concerning
Indiana's Voluntary Protection Program (VPP). Indiana's VPP is
generally identical to the Federal Voluntary Protection Program with
the exception of organizational and position titles.
C. Location of Supplement for Inspection and Copying
Kentucky. A copy of the State plan supplement on the Kentucky VPP
may be inspected and copied during normal business hours at the
following locations: U. S. Department of Labor, Occupational Safety and
Health Administration, Office of the Regional Administrator, Suite 587,
1375 Peachtree Street, N.E., Atlanta, Georgia 30367; Kentucky Labor
Cabinet, 1047 U.S. Highway 127 South, Frankfort, Kentucky 40601.
Tennessee. A copy of the State plan supplement on the Tennessee VPP
and may be inspected at the following locations: U.S. Department of
Labor, Occupational Safety and Health Administration, Office of the
Regional Administrator, Suite 587, 1375 Peachtree Street, N.E.,
Atlanta, Georgia 30367; Tennessee Department of Labor, 710 James
Robertson Parkway, Nashville, Tennessee 37243-0659.
Wyoming. A copy of the State plan supplement on the Wyoming VPP may
be inspected and copied during normal business hours at the following
locations: U.S. Department of Labor, Occupational Safety and Health
Administration Office of the Regional Administrator, Room 1999 Broadway
Suite 1690, Denver, Colorado 80202-5716; Worker's Safety and
Compensation Division, Wyoming Department of Employment, Herschler
Building, 2nd Floor East, 122 West 25th Street, Cheyenne, Wyoming
82002.
Indiana. A copy of the State plan supplement on the Indiana VPP may
be inspected and copied during normal business hours at the following
locations: U.S. Department of Labor, Occupational Safety and Health
Administration Office of the Regional Administrator, 230 S. Dearborn
Street, 32nd Floor, Room 3244, Chicago, Illinois 60604; Indiana
Department of Labor, State Office Building, 402 West Washington Street,
Room W195, Indianapolis, Indiana 46204.
Copies of the Kentucky, Tennessee, Wyoming and Indiana supplements
are also available at the U.S. Department of Labor, Occupational Safety
and Health Administration, Directorate of Federal-State Operations, 200
Constitution Avenue, N.W., Room N3700, Washington, D.C. 20210.
D. Public Participation
Under 29 CFR 1953.2(c) of this chapter, the Assistant Secretary may
prescribe alternative procedures to expedite the review process or for
any other good cause which may be consistent with applicable law. The
Assistant Secretary finds that the Kentucky, Tennessee, Wyoming, and
Indiana Voluntary Protection Programs are generally identical to the
Federal Voluntary Protection Program, meet Federal requirements and
were adopted by the States in accordance with State procedural
requirements. Good cause is therefore found for approval of these
supplements and further public participation would be unnecessary.
E. Decision
After careful consideration and review by the Regional and National
Offices, the Kentucky, Tennessee, Wyoming and Indiana plan supplements
described above are found to meet OSHA requirements and are hereby
approved under Part 1953 of this chapter. The decision incorporates the
requirements of the Act and implementing regulations applicable to
State plans generally.
Signed at Washington, DC. This 16th day of October 1996.
Joseph A. Dear,
Assistant Secretary.
Accordingly, for the reasons set forth in the preamble, 29 CFR Part
1952 is hereby amended as follows:
PART 1952--[AMENDED]
1. The authority citation for Part 1952 continues to read as
follows:
Authority: Sec. 18, 84 Stat. 1608 (29 U.S.C. 657); 29 CFR part
1902, Secretary of Labor's Order No. 1-90 (55 FR 9033).
2. Subpart Q-Kentucky, Sec. 1952.237 is amended by adding paragraph
(b) to read as follows:
Sec. 1952.237 Changes to approved plans.
* * * * *
(b) The Voluntary Protection Program. On October 24, 1996, the
Assistant Secretary approved Kentucky's plan supplement, which is
generally identical to the Federal Voluntary Protection Program, with
the exception that the State's VPP is limited to the ``Star'' level
participation for general industry firms.
3. Subpart P-Tennessee, Sec. 1952.227 is amended by adding
paragraph (b) to read as follows:
Sec. 1952.227 Changes to approved plans.
* * * * *
(b) The Voluntary Protection Program. On October 24, 1996, the
Assistant Secretary approved Tennessee's plan supplement, which is
generally identical to the Federal Voluntary Protection Program, with
the exception that the State's VPP is limited to the ``Star'' level
participation for general industry firms.
3. Subpart BB-Wyoming, Sec. 1952.347 is amended by adding paragraph
(c) to read as follows:
Sec. 1952.347 Changes to approved plans.
* * * * *
(c) The Voluntary Protection Program. On October 24, 1996, the
Assistant Secretary approved Wyoming's plan supplement which is
generally identical to the Federal Voluntary Protection Program, with
the exception of organizational and position titles.
4. Subpart Z-Indiana, Sec. 1952.327 is amended by adding paragraph
(c) to read as follows:
Sec. 1952.327 Changes to approved plans.
* * * * *
(c) The Voluntary Protection Program. On October 24, 1996, the
Assistant Secretary approved Indiana's plan supplement which is
generally identical to the Federal Voluntary Protection
[[Page 55100]]
Program, with the exception of organizational and position titles.
[FR Doc. 96-27203 Filed 10-23-96; 8:45 am]
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