[Federal Register Volume 62, Number 12 (Friday, January 17, 1997)]
[Rules and Regulations]
[Pages 2558-2565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1028]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1952
Alaska, Indiana, Iowa, Kentucky, Minnesota, South Carolina, Utah,
Virgin Islands and Wyoming State Plans; Approval of Plan Supplements;
Changes in Level of Federal Enforcement
AGENCY: Occupational Safety and Health Administration (OSHA), U.S.
Department of Labor.
ACTION: Final rule.
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SUMMARY: This document amends OSHA's regulations to reflect the
Assistant Secretary's decision approving amendments to nine (9) State
plans to exclude coverage of the field sanitation standard and the
temporary labor camp standard as it applies in agriculture (with the
exception of temporary labor camps for employees engaged in egg,
poultry or red meat production, or the post-harvest processing of
agricultural or horticultural commodities) from their State Plans. The
States of Alaska, Indiana, Iowa, Kentucky, Minnesota, South Carolina,
Utah, Virgin Islands, and Wyoming have elected to follow the
jurisdictional transfer of authority as effected by Secretary of
Labor's Orders 5-96 and 6-96, published in the Federal Register on
January 2, 1997, between the Employment Standards Administration (ESA)
and OSHA with regard to these two OSHA standards. OSHA is hereby
amending pertinent sections of its regulations on approved State plans
to reflect this relinquishment of State jurisdiction and transfer of
OSHA enforcement authority to ESA in these nine (9) States and to
notify affected employers and employees of this action. In fourteen
(14) other States operating OSHA-approved State plans, enforcement of
the field sanitation and temporary labor camp standards in agriculture
will not transfer to ESA and will continue as a State responsibility.
(These States are: Arizona, California, Hawaii, Maryland, Michigan,
Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, Tennessee,
Vermont, Virginia and Washington). In all other States under Federal
OSHA jurisdiction, ESA will now exercise responsibility for enforcement
in agriculture of the OSHA field sanitation and temporary labor camp
standards, except as noted.
EFFECTIVE DATE: February 3, 1997.
FOR FURTHER INFORMATION CONTACT: Bonnie Friedman, Director, Office of
Information and Consumer Affairs, Occupational Safety and Health
Administration, U.S. Department of Labor, Room N3637, 200 Constitution
Avenue NW., Washington, DC 20210, (202) 219-8148.
SUPPLEMENTARY INFORMATION:
A. Introduction
Section 18 of the Occupational Safety and Health Act of 1970, 29
U.S.C. 667, provides that States which 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 which include initial
approval under section 18(b) of the Act and, ultimately, final approval
under section 18(e). Pursuant to section 18(e) OSHA previously
announced in the Federal Register final state plan approval and
relinquishment of concurrent Federal jurisdiction for each of the
following nine States: Alaska, Indiana, Iowa, Kentucky, Minnesota,
South Carolina, Utah, Virgin Islands, and Wyoming. Through amendments
to their State plans, these nine States have excluded coverage of the
field sanitation (29 CFR 1928.110) and temporary labor camp (29 CFR
1910.142) standards in agriculture (with the exception of temporary
labor camps for employees engaged in egg, poultry or red meat
production, or the post-harvest processing of agricultural or
horticultural commodities) from their State plans. As provided in
Secretary of Labor's Orders 5-96 and 6-96, effective February 3, 1997,
(62 FR 107-113, January 2, 1997) this authority has been subsequently
transferred from the Occupational Safety and Health Administration
(OSHA) to the Employment Standards Administration (ESA). Therefore, the
applicable subparts of 29 CFR Part 1952 are being revised to effect
this change in coverage and enforcement jurisdiction.
B. Background
Following a one year pilot project and pursuant to Secretary's
Orders 5-96 and 6-96 (62 FR 107-113), an exchange of specific
authorities and responsibilities has been effected between the
Assistant Secretary for Occupational Safety and Health and Assistant
Secretary for
[[Page 2559]]
Employment Standards, as of February 3, 1997. This is the result of a
determination that the respective agencies' program expertise would be
better utilized, and, therefore, that the Department of Labor's
resources would be more effectively and efficiently utilized, by a
permanent transfer of particular enforcement activities between the
Assistant Secretaries for OSHA and ESA. Secretary's Order 5-96
delegates to the Assistant Secretary for ESA the Secretary's authority
under sections 8, 9, and 10 of the Occupational Safety and Health Act
to conduct inspections and investigations, issue administrative
subpoenas, issue citations, assess and collect penalties, and enforce
any other remedies available under the statute, and to develop and
issue compliance interpretations under the statute, with regard to the
OSHA standards on:
(1) Field sanitation, 29 CFR 1928.110; and
(2) Temporary labor camps, 29 CFR 1910.142, with respect to any
agricultural establishment where employees are engaged in
``agricultural employment'' within the meaning of the Migrant and
Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1802(3),
regardless of the number of employees, including employees 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
Assistant Secretary for OSHA retains enforcement responsibility over
temporary labor camps for employees engaged in egg, poultry, or red
meat production, or the post-harvest processing of agricultural or
horticultural commodities.
The authority of the Assistant Secretary for ESA under the OSH Act
with regard to the standards on field sanitation and temporary labor
camps does not include any other agency authorities or
responsibilities, such as rulemaking authority. Such authorities under
the statute are retained by the Assistant Secretary for OSHA.
Similarly, the Secretary's Order 6-96 delegates to the Assistant
Secretary for OSHA the authority for investigating and resolving
allegations of discriminatory actions taken by employers against
employees in violation of the requirements of the following
environmental and public health statutes (so called ``whistleblower''
protection): the Safe Drinking Water Act, the Energy Reorganization Act
of 1974, the Comprehensive Environmental Response Compensation and
Liability Act of 1980, the Federal Water Pollution Control Act, the
Toxic Substances Control Act, the Solid Waste Disposal Act, and the
Clean Air Act) which had been previously delegated to the Assistant
Secretary for Employment Standards.
State Plan States
Because OSHA standards under section 6 of the Act are in effect
with regard to the issues of field sanitation and temporary labor camp
safety and health, the principles of preemption under section 18 of the
Act continue to apply and are unaffected by the transfer of
responsibility for enforcement of these standards from OSHA to ESA.
States may adopt and enforce requirements relating to these
occupational issues only through the vehicle of an OSHA-approved State
plan.
The 23 States who had assumed responsibility for field sanitation
and temporary labor camp enforcement in the private sector under their
OSHA-approved State plans were given two options with regard to this
Federal transfer of responsibility: (1) They could follow OSHA's
example by excluding field sanitation and certain temporary labor camp
enforcement in agriculture from coverage under their State plan. OSHA
would then modify the ``Final Approval Determination,'' ``Level of
Federal Enforcement'' and the ``Changes to Approved Plans'' sections in
29 CFR Part 1952 for those State programs to note the exclusion. Nine
States [Alaska, Indiana, Iowa, Kentucky, Minnesota, South Carolina,
Utah, Virgin Islands, and Wyoming] have chosen to relinquish their
authority by submitting appropriate plan change supplements; or, (2)
States could choose to retain their OSHA enforcement responsibility for
the two standards under their State plan. In this case, ESA would not
exercise its delegated authority and would look to the State plan State
to continue to enforce the State's analogues of the temporary labor
camp and field sanitation standards. Fourteen States [Arizona,
California, Hawaii, Maryland, Michigan, Nevada, New Mexico, North
Carolina, Oregon, Puerto Rico, Tennessee, Vermont, Virginia and
Washington] have chosen to retain their OSHA enforcement responsibility
for these two standards. Under the terms of the Secretary's Orders, the
Assistant Secretary for OSHA retains the authority to monitor the
activity of State plan States with respect to field sanitation and
temporary labor camps.
Thus, the delegation of OSHA enforcement authority to ESA with
regard to standards on field sanitation and temporary labor camps will
apply in all States under Federal OSHA enforcement jurisdiction and in
those nine (9) State plan States which choose to exclude these
standards from their State Plan. OSHA (and the States) will continue to
enforce other standards that are applicable to the agriculture
industry, including the temporary labor camp standard as it applies to
employees engaged in egg, poultry or red meat production, or the post-
harvest processing of agricultural or horticultural commodities. The
whistleblower authority transferred from ESA to OSHA will be retained
Federally as it is not delegable to the State plans States.
C. Decision
29 CFR Part 1953 sets forth the procedures by which the Assistant
Secretary will review changes to State plans approved in accordance
with section 18(c) of the Act and Part 1902. Having reviewed the nine
States' plan change supplements in accordance with these procedures,
OSHA is hereby amending 29 CFR Part 1952 to reflect approval of these
amendments and other related changes with regard to enforcement
responsibility.
D. Public Participation
Under 29 CFR 1953.2(c), the Assistant Secretary may prescribe
alternative procedures to expedite the review process or for other good
cause which may be consistent with applicable laws. As these State
changes are identical to the Federal action and impose no new
responsibilities or requirements on employers, employees or the State,
no opportunity for further public comment is required.
E. Regulatory Flexibility Act
OSHA certifies pursuant to the Regulatory Flexibility Act of 1980
(5 U.S.C. 601 et seq.) that this action will not have a significant
economic impact on a substantial number of small entities. Transfer of
enforcement responsibility in these nine States will not place small
employers in these States under any new or different requirements, nor
will any additional burden be placed upon the State government beyond
the responsibilities already assumed as part of the approved State
plan.
List of Subjects in 29 CFR Part 1952
Intergovernmental relations, Law enforcement, Occupational safety
and health.
This document was prepared under the direction of Joseph A. Dear,
Assistant Secretary of Labor for Occupational Safety and Health. It is
[[Page 2560]]
issued under Section 18 of the OSH Act, (29 U.S.C. 667), 29 CFR Part
1902, and Secretary of Labor's Order No. 1-90 (55 FR 9033).
Signed at Washington, D.C. this 9th day of January 1997.
Joseph A. Dear,
Assistant Secretary.
For the reasons set out in the preamble, 29 CFR part 1952, subparts
C (South Carolina), E (Utah), J (Iowa), N (Minnesota), Q (Kentucky), R
(Alaska), S (Virgin Islands), Z (Indiana) and BB (Wyoming) are hereby
amended as set forth below:
PART 1952--[AMENDED]
1. The authority citation of Part 1952 continues to read as
follows:
Authority: Sec. 18, 84 Stat. 1608 (29 U.S.C. 667); 29 CFR part
1902, Secretary of Labor's Order No. 1-90 (55 FR 9033).
Subpart C--South Carolina
2. Section 1952.94 is amended by revising paragraph (b) to read as
follows:
Sec. 1952.94 Final approval determination.
* * * * *
(b) Except as otherwise noted, the plan which has received final
approval covers all activities of employers and all places of
employment in South Carolina. The plan does not cover private sector
maritime employment; military bases; Area D of the Savannah River Site
(power generation and transmission facilities operated by South
Carolina Electric and Gas); the enforcement of the field sanitation
standard, 29 CFR 1928.110; and the enforcement of the temporary labor
camps standard, 29 CFR 1910.142, with respect to any agricultural
establishment where employees are engaged in ``agricultural
employment'' within the meaning of the Migrant and Seasonal
Agricultural Worker Protection Act, 29 U.S.C. 1802(3), regardless of
the number of employees, including employees 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 South Carolina
retains enforcement responsibility over agricultural temporary labor
camps for employees engaged in egg, poultry, or red meat production, or
the post-harvest processing of agricultural or horticultural
commodities.
* * * * *
3. Section 1952.95 is amended by revising paragraph (b)(1) to read
as follows:
Sec. 1952.95 Level of Federal enforcement.
* * * * *
(b) (1) In accordance with section 18(e), final approval
relinquishes Federal OSHA authority only with regard to occupational
safety and health issues covered by the South Carolina plan. OSHA
retains full authority over issues which are not subject to State
enforcement under the plan. Thus, Federal OSHA retains its authority
relative to safety and health in private sector maritime activities,
and will continue to enforce all provisions of the Act, rules or
orders, and all Federal standards, current or future, specifically
directed to maritime employment (29 CFR Part 1915, shipyard employment;
Part 1917, marine terminals; Part 1918, longshoring; Part 1919, gear
certification) as well as provisions of general industry standards (29
CFR Part 1910) appropriate to hazards found in these employments, and
employment on military bases and at Area D of the Savannah River Site
(power generation and transmission facilities operated by South
Carolina Electric and Gas). Federal jurisdiction is retained and
exercised by the Employment Standards Administration, U.S. Department
of Labor, (Secretary's Order 5-96, dated December 27, 1996) with
respect to the field sanitation standard, 29 CFR 1928.110; and the
enforcement of the temporary labor camps standard, 29 CFR 1910.142, in
agriculture, as described in Sec. 1952.94(b). Federal jurisdiction is
also retained with respect to Federal government employers and
employees.
* * * * *
4. Section 1952.97 is amended by adding paragraph (c) to read as
follows:
Sec. 1952.97 Changes to approved plan.
* * * * *
(c) Temporary Labor Camps/Field Sanitation. Effective February 3,
1997, the Assistant Secretary approved South Carolina's plan amendment,
dated August 1, 1996, relinquishing coverage for the issues of field
sanitation (29 CFR 1928.110) and temporary labor camps (29 CFR
1910.142) in agriculture (except for agricultural temporary labor camps
associated with egg, poultry or red meat production, or the post-
harvest processing of agricultural or horticultural commodities.) The
Employment Standards Administration, U.S. Department of Labor, has
assumed responsibility for enforcement of these Federal OSHA standards
in agriculture in South Carolina pursuant to Secretary of Labor's Order
5-96, dated December 27, 1996.
Subpart E--Utah
5. Section 1952.114 is amended by revising paragraph (b) to read as
follows:
Sec. 1952.114 Final approval determination.
* * * * *
(b) Except as otherwise noted, the plan which has received final
approval covers all activities of employers and all places of
employment in Utah. The plan does not cover private sector maritime
employment; employment on Hill Air Force Base; the enforcement of the
field sanitation standard, 29 CFR 1928.110; and the enforcement of the
temporary labor camps standard, 29 CFR 1910.142 with respect to any
agricultural establishment where employees are engaged in
``agricultural employment'' within the meaning of the Migrant and
Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1802(3),
regardless of the number of employees, including employees 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 Utah
retains enforcement responsibility over agricultural temporary labor
camps for employees engaged in egg, poultry, or red meat production, or
the post-harvest processing of agricultural or horticultural
commodities.
* * * * *
6. Section 1952.115 is amended by revising paragraph (b) to read as
follows:
Sec. 1952.115 Level of Federal enforcement.
* * * * *
(b) In accordance with section 18(e), final approval relinquishes
Federal OSHA authority only with regard to occupational safety and
health issues covered by the Utah plan. OSHA retains full authority
over issues which are not subject to State enforcement under the plan.
Thus, Federal OSHA retains its authority relative to safety and health
enforcement in private sector maritime activities and will continue to
enforce all provisions of the Act, rules or orders, and all Federal
standards, current or future, specifically directed to maritime
employment (29 CFR Part 1915, shipyard employment; Part 1917, marine
terminals; Part 1918, longshoring; Part 1919, gear certification) as
well as provisions of general industry standards (29 CFR Part 1910)
appropriate to hazards found in these employments. Federal jurisdiction
is retained and exercised by the Employment Standards Administration,
U.S. Department of Labor, (Secretary's Order 5-96, dated December 27,
1996) with respect to the field sanitation standard, 29 CFR 1928.110;
and the enforcement of the temporary labor
[[Page 2561]]
camps standard, 29 CFR 1910.142, in agriculture, as described in
Sec. 1952.114(b). Federal jurisdiction is also retained on the Hill Air
Force Base, and with respect to all Federal government employers and
employees. In addition, any hazard, industry, geographical area,
operation or facility over which the State is unable to effectively
exercise jurisdiction for reasons not related to the required
performance or structure of the plan shall be deemed to be an issue not
covered by the finally approved plan, and shall be subject to Federal
enforcement. Where enforcement jurisdiction is shared between Federal
and State authorities for a particular area, project, or facility, in
the interest of administrative practicability, Federal jurisdiction may
be assumed over the entire project or facility. Ineither of the two
aforementioned circumstances, Federal enforcement may be exercised
immediately upon agreement between Federal and State OSHA.
* * * * *
7. Section 1952.117 is amended by adding paragraph (c) to read as
follows:
Sec. 1952.117 Changes to approved plans.
* * * * *
(c) Temporary Labor Camps/Field Sanitation. Effective February 3,
1997, the Assistant Secretary approved Utah's plan amendment, dated
July 31, 1996, relinquishing coverage for the issues of field
sanitation (29 CFR 1928.110) and temporary labor camps (29 CFR
1910.142) in agriculture (except for agricultural temporary labor camps
associated with egg, poultry or red meat production, or the post-
harvest processing of agricultural or horticultural commodities.) The
Employment Standards Administration, U.S. Department of Labor, has
assumed responsibility for enforcement of these Federal OSHA standards
in agriculture in Utah pursuant to Secretary of Labor's Order 5-96,
dated December 27, 1996.
Subpart J--Iowa
8. Section 1952.164 is amended by revising paragraph (b) to read as
follows:
Sec. 1952.164 Final approval determination.
* * * * *
(b) Except as otherwise noted, the plan which has received final
approval covers all activities of employers and all places of
employment in Iowa. The plan does not cover private sector maritime
employment; Federal government-owned, contractor-operated military/
munitions facilities; bridge construction projects spanning the
Mississippi and Missouri Rivers between Iowa and other States; private
sector hazardous waste disposal facilities designated as Superfund
sites; the enforcement of the field sanitation standard, 29 CFR
1928.110; and the enforcement of the temporary labor camps standard, 29
CFR 1910.142, with respect to any agricultural establishment where
employees are engaged in ``agricultural employment'' within the meaning
of the Migrant and Seasonal Agricultural Worker Protection Act, 29
U.S.C. 1802(3), regardless of the number of employees, including
employees 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 Iowa retains enforcement responsibility over
agricultural temporary labor camps for employees engaged in egg,
poultry, or red meat production, or the post-harvest processing of
agricultural or horticultural commodities.
* * * * *
9. Section 1952.165 is amended by revising paragraph (b) to read as
follows:
Sec. 1952.165 Level of Federal enforcement.
* * * * *
(b) In accordance with section 18(e), final approval relinquishes
Federal OSHA authority only with regard to occupational safety and
health issues covered by the Iowa plan. OSHA retains full authority
over issues which are not subject to State enforcement under the plan.
Thus, Federal OSHA retains its authority relative to safety and health
in private sector maritime activities and will continue to enforce all
provisions of the Act, rules or orders, and all Federal standards,
current or future, specifically directed to maritime employment (29 CFR
Part 1915, shipyard employment; Part 1917, marine terminals; Part 1918,
longshoring; Part 1919, gear certification) as well as provisions of
general industry standards (29 CFR Part 1910) appropriate to hazards
found in these employments; Federal government-owned, contractor-
operated military/munitions facilities; bridge construction projects
spanning the Mississippi and Missouri Rivers between Iowa and other
States; private sector hazardous waste disposal facilities designated
as Superfund sites. Federal jurisdiction is also retained and exercised
by the Employment Standards Administration, U.S. Department of Labor,
(Secretary's Order 5-96, dated December 27, 1996) with respect to the
field sanitation standard, 29 CFR 1928.110; and the enforcement of the
temporary labor camps standard, 29 CFR 1910.142, in agriculture, as
described in Sec. 1952.164(b). In addition, any hazard, industry,
geographical area, operation or facility over which the State is unable
to effectively exercise jurisdiction for reasons not related to the
required performance or structure of the plan shall be deemed to be an
issue not covered by the finally approved plan, and shall be subject to
Federal enforcement. Where enforcement jurisdiction is shared between
Federal and State authorities for a particular area, project, or
facility, in the interest of administrative practicability, Federal
jurisdiction may be assumed over the entire project or facility. In
either of the two aforementioned circumstances, Federal enforcement may
be exercised immediately upon agreement between Federal and State OSHA.
* * * * *
10. Section 1952.167 is amended by adding paragraph (b) to read as
follows:
Sec. 1952.167 Changes to approved plans.
* * * * *
(b) Temporary Labor Camps/Field Sanitation. Effective February 3,
1997, the Assistant Secretary approved Iowa's plan amendment, dated
August 2, 1996, relinquishing coverage for the issues of field
sanitation (29 CFR 1928.110) and temporary labor camps (29 CFR
1910.142) in agriculture (except for agricultural temporary labor camps
associated with egg, poultry or red meat production, or the post-
harvest processing of agricultural or horticultural commodities). The
Employment Standards Administration, U.S. Department of Labor, has
assumed responsibility for enforcement of these Federal OSHA standards
in agriculture in Iowa pursuant to Secretary of Labor's Order 5-96,
dated December 27, 1996.
Subpart N--Minnesota
11. Section 1952.204 is amended by revising paragraph (b) to read
as follows:
Sec. 1952.204 Final approval determination.
* * * * *
(b) Except as otherwise noted, the plan which has received final
approval covers all activities of employers and all places of
employment in Minnesota. The plan does not cover private sector
offshore maritime employment; employment at the Twin Cities Army
Ammunition Plant; Federal government employers and employees; any
tribal or private sector employment within any Indian reservation in
the State; the enforcement of the field sanitation standard, 29 CFR
1928.110; and the enforcement of the temporary labor camps standard, 29
CFR 1910.142, with respect to any agricultural establishment where
employees are engaged in
[[Page 2562]]
``agricultural employment'' within the meaning of the Migrant and
Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1802(3),
regardless of the number of employees, including employees 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 Minnesota
retains enforcement responsibility over agricultural temporary labor
camps for employees engaged in egg, poultry, or red meat production, or
the post-harvest processing of agricultural or horticultural
commodities.
* * * * *
12. Section 1952.205 is amended by revising paragraph (b) to read
as follows:
Sec. 1952.205 Level of Federal enforcement.
* * * * *
(b) In accordance with section 18(e), final approval relinquishes
Federal OSHA authority only with regard to occupational safety and
health issues covered by the Minnesota plan. OSHA retains full
authority over issues which are not subject to State enforcement under
the plan. Thus, Federal OSHA retains its authority relative to safety
and health in private sector offshore maritime activities and will
continue to enforce offshore all provisions of the Act, rules or
orders, and all Federal standards, current or future, specifically
directed to maritime employment (29 CFR Part 1915, shipyard employment;
Part 1917, marine terminals; Part 1918, longshoring; Part 1919, gear
certification) as well as provisions of general industry standards (29
CFR Part 1910) appropriate to hazards found in these employments.
Federal jurisdiction is retained and exercised by the Employment
Standards Administration, U.S. Department of Labor, (Secretary's Order
5-96, dated December 27, 1996) with respect to the field sanitation
standard, 29 CFR 1928.110; and the enforcement of the temporary labor
camps standard, 29 CFR 1910.142, in agriculture, as described in
Sec. 1952.204(b). Federal jurisdiction is also retained over the Twin
Cities Army Ammunition Plant, over Federal government employers and
employees, and over any tribal or private sector employment within any
Indian reservation in the State. In addition, any hazard, industry,
geographical area, operation or facility over which the State is unable
to effectively exercise jurisdiction for reasons not related to the
required performance or structure of the plan shall be deemed to be an
issue not covered by the finally approved plan, and shall be subject to
Federal enforcement. Where enforcement jurisdiction is shared between
Federal and State authorities for a particular area, project, or
facility, in the interest of administrative practicability, Federal
jurisdiction may be assumed over the entire project or facility. In
either of the two aforementioned circumstances, Federal enforcement may
be exercised immediately upon agreement between Federal and State OSHA.
* * * * *
13. Section 1952.207 is amended by adding paragraph (b) to read as
follows:
Sec. 1952.207 Changes to approved plans.
* * * * *
(b) Temporary Labor Camps/Field Sanitation. Effective February 3,
1997, the Assistant Secretary approved Minnesota's plan amendment,
dated July 24, 1996, relinquishing coverage for the issues of field
sanitation (29 CFR 1928.110) and temporary labor camps (29 CFR
1910.142) in agriculture (except for agricultural temporary labor camps
associated with egg, poultry or red meat production, or the post-
harvest processing of agricultural or horticultural commodities). The
Employment Standards Administration, U.S. Department of Labor, has
assumed responsibility for enforcement of these Federal OSHA standards
in agriculture in Minnesota pursuant to Secretary of Labor's Order 5-
96, dated December 27, 1996.
Subpart Q--Kentucky
14. Section 1952.234 is amended by revising paragraph (b) to read
as follows:
Sec. 1952.234 Final approval determination.
* * * * *
(b) Except as otherwise noted, the plan which has received final
approval covers all activities of employers and all places of
employment in Kentucky. The plan does not cover private sector maritime
employment; employment at Tennessee Valley Authority facilities, and on
all military bases as well as any other properties ceded to the U.S.
Government; the enforcement of the field sanitation standard, 29 CFR
1928.110; and the enforcement of the temporary labor camps standard, 29
CFR 1910.142, with respect to any agricultural establishment where
employees are engaged in ``agricultural employment'' within the meaning
of the Migrant and Seasonal Agricultural Worker Protection Act, 29
U.S.C. 1802(3), regardless of the number of employees, including
employees 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 Kentucky retains enforcement responsibility over
agricultural temporary labor camps for employees engaged in egg,
poultry, or red meat production, or the post-harvest processing of
agricultural or horticultural commodities.
* * * * *
15. Section 1952.235 is amended by revising paragraph (b) to read
as follows:
Sec. 1952.235 Level of Federal enforcement.
* * * * *
(b) In accordance with section 18(e), final approval relinquishes
Federal OSHA authority only with regard to occupational safety and
health issues covered by the Kentucky plan. OSHA retains full authority
over issues which are not subject to State enforcement under the plan.
Thus, Federal OSHA retains its authority relative to safety and health
in private sector maritime activities and will continue to enforce all
provisions of the Act, rules or orders, and all Federal standards,
current or future, specifically directed to maritime employment (29 CFR
Part 1915, shipyard employment; Part 1917, marine terminals; Part 1918,
longshoring; Part 1919, gear certification) as well as provisions of
general industry standards (29 CFR Part 1910) appropriate to hazards
found in these employments); employment at Tennessee Valley Authority
facilities and on all military bases as well as any other properties
ceded to the U.S. Government. Federal jurisdiction is retained and
exercised by the Employment Standards Administration, U.S. Department
of Labor, (Secretary's Order 5-96, dated December 27, 1996) with
respect to the field sanitation standard, 29 CFR 1928.110; and the
enforcement of the temporary labor camps standard, 29 CFR 1910.142, in
agriculture, as described in Sec. 1952.234(b). Federal jurisdiction is
also retained with respect to Federal government employers and
employees. In addition, any hazard, industry, geographical area,
operation or facility over which the State is unable to effectively
exercise jurisdiction for reasons not related to the required
performance or structure of the plan shall be deemed to be an issue not
covered by the finally approved plan, and shall be subject to Federal
enforcement. Where enforcement jurisdiction is shared between Federal
and State authorities for a particular area, project, or facility, in
the interest of administrative practicability, Federal jurisdiction may
be assumed over the entire project or facility. In either of the two
aforementioned circumstances, Federal enforcement may be exercised
[[Page 2563]]
immediately upon agreement between Federal and State OSHA.
* * * * *
16. Section 1952.237 is amended by adding paragraph (c) to read as
follows:
Sec. 1952.237 Changes to approved plans.
* * * * *
(c) Temporary Labor Camps/Field Sanitation. Effective February 3,
1997 the Assistant Secretary approved Kentucky's plan amendment, dated
July 29, 1996, relinquishing coverage for the issues of field
sanitation (29 CFR 1928.110) and temporary labor camps (29 CFR
1910.142) in agriculture (except for agricultural temporary labor camps
associated with egg, poultry or red meat production, or the post-
harvest processing of agricultural or horticultural commodities.) The
Employment Standards Administration, U.S. Department of Labor, has
assumed responsibility for enforcement of these Federal OSHA standards
in agriculture in Kentucky pursuant to Secretary of Labor's Order 5-96,
dated December 27, 1996.
Subpart R--Alaska
17. Section 1952.243 is amended by revising paragraph (b) to read
as follows:
Sec. 1952.243 Final approval determination.
* * * * *
(b) Except as otherwise noted, the plan which has received final
approval covers all activities of employers and all places of
employment in Alaska. The plan does not cover private sector maritime
employment; operations of private sector employers within the
Metlakatla Indian Community on the Annette Islands; operations of
private sector employers within Denali (Mount McKinley) National Park;
worksites located on the navigable waters, including artificial
islands; the enforcement of the field sanitation standard, 29 CFR
1928.110; and the enforcement of the temporary labor camps standard, 29
CFR 1910.142, with respect to any agricultural establishment where
employees are engaged in ``agricultural employment'' within the meaning
of the Migrant and Seasonal Agricultural Worker Protection Act, 29
U.S.C. 1802(3), regardless of the number of employees, including
employees 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 Alaska retains enforcement responsibility over
agricultural temporary labor camps for employees engaged in egg,
poultry, or red meat production, or the post-harvest processing of
agricultural or horticultural commodities.
* * * * *
18. Section 1952.244 is amended by revising paragraph (b) to read
as follows:
Sec. 1952.244 Level of Federal enforcement.
* * * * *
(b) In accordance with section 18(e), final approval relinquishes
Federal OSHA authority only with regard to occupational safety and
health issues covered by the Alaska plan. OSHA retains full authority
over issues which are not subject to State enforcement under the plan.
Thus, Federal OSHA retains its authority relative to safety and health
in private sector maritime activities and will continue to enforce all
provisions of the Act, rules or orders, and all Federal standards,
current or future, specifically directed to maritime employment (29 CFR
Part 1915, shipyard employment; Part 1917, marine terminals; Part 1918,
longshoring; Part 1919, gear certification) as well as provisions of
general industry standards (29 CFR Part 1910) appropriate to hazards
found in these employments). Federal jurisdiction is also retained and
exercised by the Employment Standards Administration, U.S. Department
of Labor (Secretary's Order 5-96, December 27, 1996) with respect to
the field sanitation standard, 29 CFR 1928.110, and the enforcement of
the temporary labor camps standard, 29 CFR 1910.142, in agriculture, as
described in Sec. 1952.243(b). Federal jurisdiction will also be
retained over marine-related private sector employment at worksites on
the navigable waters, such as floating seafood processing plants,
marine construction, employments on artificial islands, and diving
operations in accordance with section 4(b)(1) of the Act. Federal
jurisdiction is also retained for private sector worksites located
within the Annette Islands Reserve of the Metlakatla Indian Community,
for private sector worksites located within the Denali (Mount McKinley)
National Park, and for Federal government employers and employees.
* * * * *
19. Section 1952.246 is amended by adding paragraph (c) to read as
follows:
Sec. 1952.246 Changes to approved plans.
* * * * *
(c) Temporary Labor Camps/Field Sanitation. Effective February 3,
1997, the Assistant Secretary approved Alaska's plan amendment, dated
October 1, 1996, relinquishing coverage for the issues of field
sanitation (29 CFR 1928.110) and temporary labor camps (29 CFR
1910.142) in agriculture (except for agricultural temporary labor camps
associated with egg, poultry or red meat production, or the post-
harvest processing of agricultural or horticultural commodities.) The
Employment Standards Administration, U.S. Department of Labor, has
assumed responsibility for enforcement of these Federal OSHA standards
in agriculture in Alaska pursuant to Secretary of Labor's Order 5-96,
dated December 27, 1996.
Subpart S--The Virgin Islands
20. Section 1952.253 is amended by revising paragraph (b) to read
as follows:
Sec. 1952.253 Final approval determination.
* * * * *
(b) Except as otherwise noted, the plan which has received final
approval covers all activities of employers and all places of
employment in the Virgin Islands. The plan does not cover occupational
health and the issues of maritime safety and health in the private
sector; the enforcement of the field sanitation standard, 29 CFR
1928.110; and the enforcement of the temporary labor camps standard, 29
CFR 1910.142, with respect to any agricultural establishment where
employees are engaged in ``agricultural employment'' within the meaning
of the Migrant and Seasonal Agricultural Worker Protection Act, 29
U.S.C. 1802(3), regardless of the number of employees, including
employees 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 Virgin Islands retains enforcement responsibility
over agricultural temporary labor camps for employees engaged in egg,
poultry, or red meat production, or the post-harvest processing of
agricultural or horticultural commodities. Note: The Virgin Islands
final approval status under Section 18(c) of the Act was suspended and
Federal concurrent enforcement authority reinstated on November 13,
1995.
* * * * *
21. Section 1952.254 is amended by revising paragraph (b) to read
as follows:
Sec. 1952.254 Level of Federal enforcement.
* * * * *
(b) Federal OSHA also continues to retain full authority over
issues which have not been subject to State enforcement under the
Virgin Islands plan. Thus, OSHA retains authority to enforce all
provisions of the Act, Federal standards, rules, or orders,
[[Page 2564]]
which relate to occupational health in private sector employment in the
Virgin Islands. OSHA also retains its authority relative to safety and
health in private sector maritime activities and will continue to
enforce all provisions of the Act, rules, or order and all Federal
standards, current or future, specifically directed to maritime
employment (e.g., 29 CFR Part 1915, shipyard employment; 29 CFR Part
1917, marine terminals; 29 CFR Part 1918, longshoring; 29 CFR Part
1919, gear certification), as well as provisions of general industry
(29 CFR Part 1910) standards appropriate to hazards found in these
employments. Federal jurisdiction is also retained and exercised by the
Employment Standards Administration, U.S. Department of Labor,
(Secretary's Order 5-96, dated December 27, 1996) with respect to the
field sanitation standard, 29 CFR 1928.110; and the enforcement of the
temporary labor camps standard, 29 CFR 1910.142 , in agriculture, as
described in Sec. 1952.253(b). Federal jurisdiction also remains in
effect with respect to Federal government employers and employees.
* * * * *
22. Section 1952.256 is amended by adding paragraph (b) to read as
follows:
Sec. 1952.256 Changes to approved plans.
* * * * *
(b) Temporary Labor Camps/Field Sanitation. Effective February 3,
1997, the Assistant Secretary approved the Virgin Island's plan
amendment, dated July 31, 1996, relinquishing coverage for the issues
of field sanitation (29 CFR 1928.110) and temporary labor camps (29 CFR
1910.142) in agriculture (except for agricultural temporary labor camps
associated with egg, poultry or red meat production, or the post-
harvest processing of agricultural or horticultural commodities.) The
Employment Standards Administration, U.S. Department of Labor, has
assumed responsibility for enforcement of these Federal OSHA standards
in agriculture in the Virgin Islands pursuant to Secretary of Labor's
Order 5-96, dated December 27, 1996.
Subpart Z--Indiana
23. Section 1952.324 is amended by revising paragraph (b) to read
as follows:
Sec. 1952.324 Final approval determination.
* * * * *
(b) Except as otherwise noted, the plan which has received final
approval covers all activities of employers and all places of
employment in Indiana. The plan does not cover maritime employment in
the private sector; private sector hazardous waste disposal facilities
designated as Superfund sites; the enforcement of the field sanitation
standard, 29 CFR 1928.110; and the enforcement of the temporary labor
camps standard, 29 CFR 1910.142, with respect to any agricultural
establishment where employees are engaged in ``agricultural
employment'' within the meaning of the Migrant and Seasonal
Agricultural Worker Protection Act, 29 U.S.C. 1802(3), regardless of
the number of employees, including employees 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 Indiana retains
enforcement responsibility over agricultural temporary labor camps for
employees engaged in egg, poultry, or red meat production, or the post-
harvest processing of agricultural or horticultural commodities.
* * * * *
24. Section 1952.325 is amended by revising paragraph (b)(1) to
read as follows:
Sec. 1952.325 Level of Federal enforcement.
* * * * *
(b) (1) In accordance with section 18(e), final approval
relinquishes Federal OSHA authority only with regard to occupational
safety and health issues covered by the Indiana plan. OSHA retains full
authority over issues which are not subject to State enforcement under
the plan. Thus, Federal OSHA retains its authority relative to safety
and health in private sector maritime activities and will continue to
enforce all provisions of the Act, rules or orders, and all Federal
standards, current or future, specifically directed to maritime
employment (29 CFR Part 1915, shipyard employment; Part 1917, marine
terminals; Part 1918, longshoring; Part 1919, gear certification) as
well as provisions of general industry standards (29 CFR Part 1910)
appropriate to hazards found in these employments. Federal jurisdiction
is retained and exercised by the Employment Standards Administration,
U.S. Department of Labor, (Secretary's Order 5-96, dated December 27,
1996) with respect to the field sanitation standard, 29 CFR 1928.110;
and the enforcement of the temporary labor camps standard, 29 CFR
1910.142, in agriculture, as described in Sec. 1952.324(b). Federal
jurisdiction is also retained at private-sector hazardous-waste
disposal facilities designated as Superfund sites, and with respect to
Federal government employers and employees.
* * * * *
25. Section 1952.327 is amended by adding paragraph (b) to read as
follows:
Sec. 1952.327 Changes to approved plans.
* * * * *
(b) Temporary Labor Camps/Field Sanitation. Effective February 3,
1997, the Assistant Secretary approved Indiana's plan amendment, dated
July 9, 1996, relinquishing coverage for the issues of field sanitation
(29 CFR 1928.110) and temporary labor camps (29 CFR 1910.142) in
agriculture (except for agricultural temporary labor camps associated
with egg, poultry or red meat production, or the post-harvest
processing of agricultural or horticultural commodities.) The
Employment Standards Administration, U.S. Department of Labor, has
assumed responsibility for enforcement of these Federal OSHA standards
in agriculture in Indiana pursuant to Secretary of Labor's Order 5-96,
dated December 27, 1996.
* * * * *
Subpart BB--Wyoming
26. Section 1952.344 is amended by revising paragraph (b) to read
as follows:
Sec. 1952.344 Final approval determination.
* * * * *
(b) Except as otherwise noted, the plan which has received final
approval covers all activities of employers and all places of
employment in Wyoming. The plan does not cover private sector maritime
employment; employment on the Warren Air Force Base employment;
employment at private sector hazardous waste disposal facilities
designated as Superfund sites; the enforcement of the field sanitation
standard, 29 CFR 1928.110; and the enforcement of the temporary labor
camps standard, 29 CFR 1910.142, with respect to any agricultural
establishment where employees are engaged in ``agricultural
employment'' within the meaning of the Migrant and Seasonal
Agricultural Worker Protection Act, 29 U.S.C. 1802(3), regardless of
the number of employees, including employees 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 Wyoming retains
enforcement responsibility over agricultural temporary labor camps for
employees engaged in egg, poultry, or red meat production, or the post-
harvest
[[Page 2565]]
processing of agricultural or horticultural commodities.
* * * * *
27. Section 1952.345 is amended by revising paragraph (b) to read
as follows:
Sec. 1952.345 Level of Federal enforcement.
* * * * *
(b) In accordance with section 18(e), final approval relinquishes
Federal OSHA authority only with regard to occupational safety and
health issues covered by the Wyoming plan. OSHA retains full authority
over issues which are not subject to State enforcement under the plan.
Thus, Federal OSHA retains its authority relative to safety and health
in private sector maritime activities and will continue to enforce all
provisions of the Act, Federal standards, rules, or orders, and all
Federal standards, current or future, specifically directed to maritime
employment (29 CFR Part 1915, shipyard employment; Part 1917, marine
terminals; Part 1918, longshoring; Part 1919, gear certification) as
well as provisions of general industry standards (29 CFR Part 1910)
appropriate to hazards found in these employments. Federal jurisdiction
is retained and exercised by the Employment Standards Administration,
U.S. Department of Labor, (Secretary's Order 5-96, dated December 27,
1996) with respect to the field sanitation standard, 29 CFR 1928.110;
and the enforcement of the temporary labor camps standard, 29 CFR
1910.142, in agriculture, as described in Sec. 1952.344(b). Federal
jurisdiction is also retained for employment at Warren Air Force Base
and at private-sector hazardous-waste disposal facilities designated as
Superfund sites as well as with respect to Federal government employers
and employees. In addition, any hazard, industry, geographical area,
operation or facility over which the State is unable to effectively
exercise jurisdiction for reasons not related to the required
performance or structure of the plan shall be deemed to be an issue not
covered by the finally approved plan, and shall be subject to Federal
enforcement. Where enforcement jurisdiction is shared between Federal
and State authorities for a particular area, project, or facility, in
the interest of administrative practicability, Federal jurisdiction may
be assumed over the entire project or facility. In either of the two
aforementioned circumstances, Federal enforcement may be exercised
immediately upon agreement between Federal and State OSHA.
* * * * *
28. Section 1952.347 is amended by adding paragraph (d) to read as
follows:
Sec. 1952.347 Changes to approved plans.
* * * * *
(d) Temporary Labor Camps/Field Sanitation. Effective February 3,
1997, the Assistant Secretary approved Wyoming's plan amendment, dated
July 19, 1996, relinquishing coverage for the issues of field
sanitation (29 CFR 1928.110) and temporary labor camps (29 CFR
1910.142) in agriculture (except for agricultural temporary labor camps
associated with egg, poultry or red meat production, or the post-
harvest processing of agricultural or horticultural commodities.) The
Employment Standards Administration, U.S. Department of Labor, has
assumed responsibility for enforcement of these Federal OSHA standards
in agriculture in Wyoming pursuant to Secretary of Labor's Order 5-96,
dated December 27, 1996.
[FR Doc. 97-1028 Filed 1-16-97; 8:45 am]
BILLING CODE 4510-26-P
