[Federal Register Volume 59, Number 10 (Friday, January 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-837]
[[Page Unknown]]
[Federal Register: January 14, 1994]
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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 Utah, Arizona, and Puerto Rico State Plans
agency: Occupational Safety and Health Administration (OSHA),
Department of Labor.
action: Final rule.
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summary: This document gives notice of Federal approval of State Plan
supplements concerning the Utah, Arizona and Puerto Rico 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: January 14, 1994.
for further information contact: James Foster, Director, Office of
Information and Consumer Affairs, Occupational Safety and Health
Administration, room N3647, 200 Constitution Avenue, NW., Washington,
DC, 20210, Telephone (202) 219-8148.
SUPPLEMENTARY INFORMATION:
A. Background
The Utah 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 January 10, 1973 (38 FR 1178). A determination of final
approval was made under section 18(e) of the Act on July 16, 1985 (50
FR 28770).
The Arizona 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 October 29, 1974 (39 FR 39037). A determination of
final approval was made under section 18(e) of the Act on June 20, 1985
(50 FR 25571).
The Puerto Rico 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 29 CFR Part
1902 on August 30, 1977 (42 FR 43629).
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
On June 18, 1992, Jay W. Bagley, Administrator, Utah Occupational
Safety and Health Division, submitted a plan change supplement
concerning Utah's Voluntary Protection Programs (VPP). After Federal
review of the Utah VPP and subsequent modifications made by the State,
Utah's program was found to be generally identical to the Federal
Voluntary Protection, as described in the Federal Register on July 2,
1982 (47 FR 29025).
On August 30, 1993, Cathy Neville, Assistant Director, Arizona
Division of Occupational Safety and Health, submitted a plan change
supplement concerning Arizona's Voluntary Protection Program (VPP).
After Federal review of the Arizona VPP, Arizona's program was found to
be generally identical to the Federal Voluntary Protection Programs,
with the exception that the State's VPP is limited to the Star Program
in general industry, excludes the Merit and Demonstration Programs and
excludes the construction industry.
On January 10, 1993, Yazminnie Vazquez, Director, Voluntary
Program, Puerto Rico submitted a plan change supplement concerning
Puerto Rico's Voluntary Protection Programs (VPP). The Puerto Rico
program also was found to be generally identical to the Federal VPP
with the exception of changes to reflect different structure and
exclusion of the Demonstration Program.
C. Location of Supplement for Inspection and Copying
A copy of the State plan supplement on the Utah 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 1554,
Federal Building, 1961 Stout Street, Denver, Colorado 80202; the
Industrial Commission of Utah, UOSHA Offices at 160 East 300 South, 3rd
Floor, P.O. Box 146600, Salt Lake City, Utah 84114-6600.
A copy of the State plan supplement on the Arizona 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, 71 Stevenson
Street, 4th Floor, San Francisco, California 94105; Industrial
Commission of Arizona, Division of Occupational Safety and Health, 800
W. Washington, Phoenix, Arizona 85007.
A copy of the State plan supplement on the Puerto Rico 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, 201 Varick
Street, room 670, New York, New York 10014; Puerto Rico Department of
Labor and Human Resources, Prudencio Rivera Martinez Building, 505
Munoz Rivera Avenue, Hato Rey, Puerto Rico 00918.
Copies of the Utah, Arizona and Puerto Rico supplements also are
available at the U.S. Department of Labor, Occupational Safety and
Health Administration, Directorate of Federal-State Operations, 200
Constitution Avenue, NW., room N3700, Washington, DC 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 Utah's, Arizona's and Puerto Rico's
Voluntary Protection Programs are generally identical to the Federal
Voluntary Protection Programs, 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 Utah, Arizona and Puerto Rico 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 30th day of December, 1993.
Joseph A. Dear,
Assistant Secretary of Labor.
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 E--Utah, Sec. 1952.117 is amended by adding paragraph
(b) to read as follows:
Sec. 1952.117 Changes to approved plans.
* * * * *
(b) The Voluntary Protection Program. On December 30, 1993, the
Assistant Secretary approved Utah's plan supplement, which is generally
identical to the Federal Voluntary Protection Program.
3. Subpart CC--Arizona is amended by adding Sec. 1952.357 to read
as follows:
Sec. 1952.357 Changes to approved plans.
(a) The Voluntary Protection Program. On December 30, 1993, the
Assistant Secretary approved Arizona's plan supplement, which is
generally identical to the Federal Voluntary Protection Programs with
the exception that the State's VPP is limited to the Star Program in
general industry, excludes the Merit and Demonstration Programs and
excludes the construction industry.
4. Subpart FF--Puerto Rico is amended by adding Sec. 1952.385 to
read as follows:
Sec. 1952.385 Changes to approved plans.
(a) The Voluntary Protection Programs. On December 30, 1993, the
Assistant Secretary approved Puerto Rico's plan supplement, which is
generally identical to the Federal Voluntary Protection Program with
the exception of changes to reflect different structure and exclusion
of the Demonstration Program.
[FR Doc. 94-837 Filed 1-13-94; 8:45 am]
BILLING CODE 4510-26-M
