[Federal Register Volume 59, Number 60 (Tuesday, March 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7256]
[[Page Unknown]]
[Federal Register: March 29, 1994]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1952
Approval of State Plan Supplements
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Final rule; Approval of State plan supplements.
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SUMMARY: Section 18 of the Occupational Safety and Health Act of 1970
(the Act) requires States operating approved State occupational safety
health programs to remain at least as effective as the Federal
Occupational Safety and Health Administration's (OSHA) program. The
Omnibus Budget Reconciliation Act of 1990, which was enacted on
November 5, 1990, amended section 17 of the Act to provide for
increased penalty levels for violations of the Act. (The revised
penalty levels were implemented on March 1, 1991). As a result of this
amendment to the Act. 29 CFR 1953.23 requires State plan States to
effect the necessary statutory changes to their own occupational safety
and health legislation to adopt new State penalty authority equivalent
to the Federal seven-fold penalty increase. This document approves the
adoption by 23 State plans of their own statutory authority equivalent
to Federal OSHA's seven-fold penalty increase.
EFFECTIVE DATE: March 29, 1994.
FOR FURTHER INFORMATION CONTACT:
James Foster, Director, Office of Information and Consumer Affairs,
Occupational Safety and Health Administration, U.S. Department of
Labor, room N-3637, 200 Constitution Avenue, NW., Washington, DC 20210,
(202) 219-8184.
SUPPLEMENTARY INFORMATION:
A. Background
Part 1953 of this chapter provides procedures for the review and
approval of State change supplements by the Assistant Secretary of
Labor for Occupational Safety and Health (hereinafter referred to as
the Assistant Secretary).
An amendment to section 17 of the Occupational Safety and Health
Act providing for increased penalty levels for violations of the Act,
was signed into law on November 5, 1990. Omnibus Budget Reconciliation
Act of 1990, Public Law 101-552 section 3101 (1190). (The revised
levels were implemented Federally on March 1, 1991.) As a result of
this amendment to the Act, 29 CFR 1953.23 and OSHA Instruction STP 2-
1.163, dated May 13, 1991, Revised Federal Penalty Levels, State plan
States were required to effect the necessary statutory changes to their
occupational safety and health legislation to reflect the new Federal
penalty maximums of $7,000 for serious, other-than-serious, failure to
abate, and posting violations, and $70,000 for willful and repeat
violations; as well as the $5,000 floor for willful violations.
Twenty-three State plan States have revised their legislation to
substantially reflect OSHA's new penalty system. Oregon's revised
legislation includes all provisions, except, through a legislative
drafting error, revision of the penalty for posting violations.
Legislation to correct this omission will be introduced during the
State's 1995 legislative session.
Therefore, this approval action does not extend to Oregon's posting
violation penalty authority. The twenty-three States are:
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Implementation
State Statutory citation No. Effective date date
----------------------------------------------------------------------------------------------------------------
Alaska.................. AS Section 18.60.095.................................. 09/20/92 09/20/92
Arizona................. Labor Code Sec. R-13-602.............................. 09/28/92 09/29/92
California.............. Title 8, LC Sec. 6317-6434............................ 10/05/91 06/01/92
Hawaii.................. HRS 396-10............................................ 06/01/92 06/01/92
Indiana................. INOSHAct25.IC22-8-1.1-27.1............................ 10/01/91 10/01/91
Iowa.................... IOSHAct CH88.14....................................... 04/17/92 04/17/92
Kentucky................ Labor Laws 338.991.................................... 07/15/92 07/15/92
Maryland................ MDOSH Law 5-810....................................... 01/01/92 01/22/92
Michigan................ MIOSHAct 408.035...................................... 04/01/92 04/01/92
Minnesota............... MNOSH 182.666......................................... 08/01/91 10/01/91
Nevada.................. NRS618.635-618.675.................................... 07/05/91 07/05/91
New Mexico.............. NM OHSAct Sec. 50-9-24................................ 07/01/92 07/01/92
N. Carolina............. Gen.Stat.95-138....................................... 01/01/92 01/01/92
Oregon.................. ORS Sec. 654.086...................................... 09/29/91 10/01/92
Puerto Rico............. PROSHAct No. 16-Sec. 25............................... 08/25/91 09/01/91
S. Carolina............. Code of Laws 41-15-320................................ 04/24/91 10/01/91
Tennessee............... Codes Annotated 50-3-402.............................. 07/01/91 07/01/91
Utah.................... CH9, UOSH Act 35-9-21................................. 04/29/91 04/29/91
Vermont................. VTOSHAct,Title 21,CH3,Sec. 210........................ 05/03/91 07/01/91
Virgin Is............... VIAct,No.5819 Title 24, Sec.44........................ 10/20/92 10/20/92
Virginia................ VA Code 5-810......................................... 07/01/92 07/01/92
Washington.............. RCW Sec. 49.17.180.................................... 07/28/91 03/16/92
Wyoming................. WYOSHAct 27-11-107.................................... 03/19/92 03/19/92
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Under current law, State plan States may, but are not required to,
have comparable monetary penalty provisions for their public (State and
local government) sector programs. Two public employee only plan States
(New York and Connecticut) have chosen not to incorporate the new
higher penalty system into their occupational safety and health
programs. Connecticut will continue to assess penalties for public
sector violations at the lower levels. New York assesses penalties for
failure to abate violations only and will continue to do so.
B. Issues for Determination
Having reviewed the States' plan change supplements in comparison
to the Federal change, it has been determined that the States'
supplemental changes to their respective statutes are identical to the
comparable Federal legislative amendments and, accordingly, should be
approved.
C. 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
other good cause which may be consistent with applicable laws for the
following reasons:
1. The States' legislative changes are substantially equivalent to
Federal statutory changes which were enacted by Congress on November 5,
1990.
2. The States' plan changes were adopted in accordance with the
procedural requirements of State law and, therefore, no further public
comment is required.
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).
Signed the 15th day of March, 1994, in Washington, DC.
Joseph A. Dear,
Assistant Secretary.
PART 1952--[AMENDED]
Accordingly, for the reasons set forth in the preamble, 29 CFR Part
1952 (sections C through F, I through K, N through U, W, Y, Z, BB
through FF) is hereby amended as follows:
1. The authority citation for part 1952 for the States mentioned
below continues to read as follows:
Authority: Secs. 8,18, Occupational Safety and Health Act of
1970 (29 U.S.C. 657, 667); Secretary of Labor's Order No. 1-90 (55
FR 9033), 8-76 (41 FR 25059), or 9-83 (48 FR 35736), as applicable.
2. Subpart C, South Carolina, is amended by adding Sec. 1952.97 to
read as follows:
Sec. 1952.97 Changes to approved plans.
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary
approved South Carolina's revised statutory penalty levels which are
the same as the revised Federal penalty levels contained in section 17
of the Act as amended on November 5, 1990.
3. Subpart D, Oregon: Sec. 1952.105 is amended by adding paragraph
(e) to read as follows:
Sec. 1952.105 Changes to approved plans.
* * * * *
(e) Legislation. (1) On March 29, 1994, the Acting Assistant
Secretary approved Oregon's revised statutory penalty levels as enacted
subject to further action by the State in 1995 to correct the State's
omission of revisions of the penalty for posting violations. Aside from
posting penalties, Oregon's revised penalty levels are the same as the
revised Federal penalty levels contained in section 17 of the Act as
amended on November 5, 1990.
4. Subpart E, Utah: Sec. 1952.117 is amended by adding paragraph
(a)(3) to read as follows:
Sec. 1952.117 Changes to approved plans.
* * * * *
(a) Legislation.
* * * (3) On March 29, 1994, the Assistant Secretary approved
Utah's revised statutory penalty levels which are the same as the
revised Federal penalty levels contained in section 17 of the Act as
amended on November 5, 1990.
* * * * *
5. Subpart F, Washington: Sec. 1952.125 is amended by adding
paragraph (c) to read as follows:
Sec. 1952.125 Changes to approved plans.
* * * * *
(c) Legislation. (1) On March 29, 1994, the Assistant Secretary
approved Washington's revised statutory penalty levels which are the
same as the revised Federal penalty levels contained in section 17 of
the Act as amended on November 5, 1990.
6. Subpart I, North Carolina, is amended by adding Sec. 1952.157 to
read as follows:
Sec. 1952.157 Changes to approved plans.
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary
approved North Carolina's revised statutory penalty levels which are
the same as the revised Federal penalty levels contained in section 17
of the Act as amended on November 5, 1990.
7. Subpart J, Iowa, is amended by adding Sec. 1952.167 to read as
follows:
Sec. 1952.167 Changes to approved plans.
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary
approved Iowa's revised statutory penalty levels which are the same as
the revised Federal penalty levels contained in section 17 of the Act
as amended on November 5, 1990.
8. Subpart K, California: Sec. 1952.175 is amended by adding
paragraph (i) to read as follows:
Sec. 1952.175 Changes to approved plans.
* * * * *
(i) Legislation. (1) On March 29, 1994, the Assistant Secretary
approved California's revised statutory penalty levels which are the
same as the revised Federal penalty levels contained in section 17 of
the Act as amended on November 5, 1990.
9. Subpart N, Minnesota, is amended by adding Sec. 1952.207 to read
as follows:
Sec. 1952.207 Changes to approved plans.
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary
approved Minnesota's revised statutory penalty levels which are the
same as the revised Federal penalty levels contained in section 17 of
the Act as amended on November 5, 1990.
10. Subpart O, Maryland, is amended by adding Sec. 1952.217 to read
as follows:
Sec. 1952.217 Changes to approved plans.
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary
approved Maryland's revised statutory penalty levels which are the same
as the revised Federal penalty levels contained in section 17 of the
Act as amended on November 5, 1990.
11. Subpart P, Tennessee, is amended by adding Sec. 1952.227 to
read as follows:
Sec. 1952.227 Changes to approved plans.
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary
approved Tennessee's revised statutory penalty levels which are the
same as the revised Federal penalty levels contained in section 17 of
the Act as amended on November 5, 1990.
12. Subpart Q, Kentucky, is amended by adding Sec. 1952.237 to read
as follows:
Sec. 1952.237 Changes to approved plans.
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary
approved Kentucky's revised statutory penalty levels which are the same
as the revised Federal penalty levels contained in section 17 of the
Act as amended on November 5, 1990.
13. Subpart R, Alaska: Sec. 1952.246 is amended by adding paragraph
(b) to read as follows:
Sec. 1952.246 Changes to approved plans.
* * * * *
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary
approved Alaska's revised statutory penalty levels which are the same
as the revised Federal penalty levels contained in section 17 of the
Act as amended on November 5, 1990.
14. Subpart S, Virgin Islands, is amended by adding Sec. 1952.256
to read as follows:
Sec. 1952.256 Changes to approved plans.
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary
approved Virgin Islands' revised statutory penalty levels which are the
same as the revised Federal penalty levels contained in section 17 of
the Act as amended on November 5, 1990.
15. Subpart T, Michigan, is amended by adding Sec. 1952.265 to read
as follows:
Sec. 1952.265 Changes to approved plans.
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary
approved Michigan's revised statutory penalty levels which are the same
as the revised Federal penalty levels contained in section 17 of the
Act as amended on November 5, 1990.
16. Subpart U, Vermont, is amended by adding Sec. 1952.275 to read
as follows:
Sec. 1952.275 Changes to approved plans.
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary
approved Vermont's revised statutory penalty levels which are the same
as the revised Federal penalty levels contained in section 17 of the
Act as amended on November 5, 1990.
17. Subpart W, Nevada, is amended by adding Sec. 1952.297 to read
as follows:
Sec. 1952.297 Changes to approved plans.
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary
approved Nevada's revised statutory penalty levels which are the same
as the revised Federal penalty levels contained in section 17 of the
Act as amended on November 5, 1990.
18. Subpart Y, Hawaii, is amended by adding Sec. 1952.316 to read
as follows:
Sec. 1952.316 Changes to approved plans.
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary
approved Hawaii's revised statutory penalty levels which are the same
as the revised Federal penalty levels contained in section 17 of the
Act as amended on November 5, 1990.
19. Subpart Z, Indiana, is amended by adding Sec. 1952.327 to read
as follows:
Sec. 1952.327 Changes to approved plans.
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary
approved Indiana's revised statutory penalty levels which are the same
as the revised Federal penalty levels contained in section 17 of the
Act as amended on November 5, 1990.
20. Subpart BB, Wyoming: Sec. 1952.347 is amended by adding
paragraph (a)(2) to read as follows:
Sec. 1952.347 Changes to approved plans.
* * * * *
(a) Legislation.
* * * (2) On March 29, 1994, the Assistant Secretary approved
Wyoming's revised statutory penalty levels which are the same as the
revised Federal penalty levels contained in section 17 of the Act as
amended on November 5, 1990.
21. Subpart CC, Arizona, is amended by adding Sec. 1952.357 to read
as follows:
Sec. 1952.357 Changes to approved plans.
(b) Legislation. (1) On March 29, 1994, the Assistant Secretary
approved Arizona's revised statutory penalty levels which are the same
as the revised Federal penalty levels contained in section 17 of the
Act as amended on November 5, 1990.
22. Subpart DD, New Mexico, is amended by adding Sec. 1952.365 to
read as follows:
Sec. 1952.365 Changes to approved plans.
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary
approved New Mexico's revised statutory penalty levels which are the
same as the revised Federal penalty levels contained in section 17 of
the Act as amended on November 5, 1990.
23. Subpart EE, Virginia: Sec. 1952.377 is amended by adding
paragraph (b) to read as follows:
Sec. 1952.377 Changes to approved plans.
* * * * *
(b) Legislation. (1) On March 29, 1994, the Assistant Secretary
approved Virginia's revised statutory penalty levels which are the same
as the revised Federal penalty levels contained in section 17 of the
Act as amended on November 5, 1990.
24. Subpart FF, Puerto Rico, Sec. 1952.385 is amended by adding
paragraph (b) to read as follows:
Sec. 1952.385 Changes to approved plans.
* * * * *
(b) Legislation. (1) On March 29, 1994, the Assistant Secretary
approved Puerto Rico's revised statutory penalty levels which are the
same as the revised Federal penalty levels contained in section 17 of
the Act as amended on November 5, 1990.
[FR Doc. 94-7256 Filed 3-28-94; 8:45 am]
BILLING CODE 4510-26-M
