[Federal Register Volume 60, Number 12 (Thursday, January 19, 1995)]
[Notices]
[Pages 3884-3885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1330]
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DEPARTMENT OF LABOR
Wyoming State Standards; Notice of Approval
Background
Part 1953 of Title 29, Code of Federal Regulations, prescribes
procedures under Section 18 of the Occupational Safety and Health Act
of 1970 (hereinafter called the Act) by which the Regional
Administrator for Occupational Safety and Health (hereinafter called
the Regional Administrator) under delegation of authority from the
Assistant Secretary of Labor for Occupational Safety and Health
(hereinafter called the Assistant Secretary), (29 CFR 1953.4) will
review and approve standards promulgated pursuant to a state Plan which
has been approved in accordance with Section 18(c) of the Act and 29
CFR Part 1902. On May 3, 1974, notice was published in the Federal
Register (39 FR 15394) of the approval of the Wyoming Plan and adoption
of Subpart BB to Part 1952 containing the decision.
The Plan provides for the adoption of Federal Standards as State
Standards By: (1) Advisory Committee coordination; (2) Publication in
newspapers of general/major circulation with a 45-day waiting period
for public comment and hearings; (3) Adoption by the Wyoming Health and
Safety Commission; (4) Review and approval by the Governor; (5) Filing
with Secretary of State and designation of an effective date.
OSHA regulations (29 CFR 1953, 22 and 23) require that States
respond to the adoption of new or revised permanent Federal Standards
by State promulgation of comparable standards within six months of OSHA
publication in the Federal Register, and within 30 days for emergency
temporary standards. Although adopted State Standards or revisions to
standards must be submitted for OSHA review and approval under
procedures set forth in Part 1953, they are enforceable by the State
prior to Federal review and approval.
By letter received May 1, 1994 from Stephan R. Foster. OSHA Program
Manager, Wyoming Department of Employment, Division of Employment
Affairs-OSHA to Byron R. Chadwick, OSHA Regional Administrator, the
State submitted rules and regulations in response to the following
General Industry Standards, 29 CFR 1910.1000 Air Contaminants Rule 58
FR 35340, 6/30/93; 29 CFR 1910.1001 Asbestos (revision) 57 FR 24330, 29
CFR 1910.1048 Occupational Exposure to Formaldehyde Final Rule
(amendments) 57 FR 22307, 6/27/92; 29 CFR 1910.1027 Occupational
Exposure to Cadmium Final Rule, 57 FR 42389, 29 CFR 1910.146 Permit-
Required confined Space, 58 FR 4549 29 CFR 1910.1450 Occupational
Exposure to Hazardous Chemicals in Laboratories (correction) 57 FR
29204 7/1/92; and 29 CFR 1910.1050 Occupational Exposure to
4,4,Methylenedianiline (MDA) Final rule 57 FR 35666 8/10/92.
The above adoptions of federal standards have been incorporated in
the State Plan and are contained in the Wyoming Occupational Health and
Safety Rules and Regulations (General),
[[Page 3885]]
as required by Wyoming Statute 1977, Section 27-11-105 (a) (viii).
State Standards for 29 CFR 1910.1000 Air Contaminants corrections;
was adopted by the Health and Safety Commission of Wyoming on November
19, 1993 (effective 1/4/94); State Standards for 29 CFR 1910.1001
Asbestos revision; was adopted 8/14/92 (effective 10/13/92); State
standards for 29 CFR 1910.1048 Occupational Exposure to Formaldehyde
Final Rule Amendments was adopted 8/14/92 (effective 10/13/92); State
Standards for 29 CFR 1910.1027 Occupational Exposure to Cadmium Final
Rule corrections adopted 2/19/93 (effective 4/12/93); State Standard
for 29 CFR 1910.146 Permit-required Confined Space adopted 5/21/93
(effective 7/22/93); State Standard for 29 CFR 1910.1450 Occupational
Exposure to Hazardous Chemicals in Laboratories correction was adopted
11/06/92 (effective 1/4/93); State Standards for 29 CFR 1910.1050
Occupational Exposure to 4,4, Methylenedianiline (MDA) Final Rule
amendments was adopted 11/6/92 (effective 1/4/93).
Decision
The above State Standards have been reviewed and compared with
relevant Federal Standards, and OSHA has determined that the State
Standards are at least as effective as the comparable Federal
Standards, as required by Section 18(c)(2) of the Act. OSHA has also
determined that the differences between the State and Federal Standards
are substantially identical. OSHA therefore approves these Standards.
However, the right to reconsider this approval is reserved should
substantial objections be submitted to the Assistant Secretary.
Location of Supplement for Inspection and Copying
A copy of the Standards Supplements, along with the approved Plan,
may be inspected and copied during normal business hours at the
following locations: Office of the Regional Administrator, 1999
Broadway Suite 1690, Denver, Colorado 80202-5716; the Department of
Employment, Division of Employment Affairs-OSHA, Herschler Building,
2nd Floor East, 122 West 25th Street, Cheyenne, Wyoming 82002; and the
Office of State Programs, Room N-3700, 200 Constitution Avenue, N.W.,
Washington, D.C. 20210.
Public Participation
Under 29 CFR 1953.2(c), the Assistant Secretary may prescribe
alternative procedures, or show any other good cause consistent with
applicable laws, to expedite the review process. The Assistant
Secretary finds that good cause exists for not publishing the
supplements to the Wyoming State Plan as a proposed change and makes
the Regional Administrator's approval effective upon publication for
the following reason(s): The standards were adopted in accordance with
the procedural requirements of State Law which include public comment,
and further public participation would be repetitious. This decision is
effective January 19, 1995 (Sec. 18, Public Law 91-596, 84 Stat. 1608
[29 U.S.C. 6671].)
Signed at Denver, Colorado this 9th day of September, 1994.
Gregory J. Baxter,
Deputy Regional Administrator, VIII.
[FR Doc. 95-1330 Filed 1-18-95; 8:45 am]
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