[Federal Register Volume 64, Number 69 (Monday, April 12, 1999)]
[Notices]
[Pages 17686-17688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9048]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
Oregon State Standards; Notice of Approval
1. 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
Regional Administrator) under a 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 December 28, 1972, notice was published in the Federal
Register (37 FR 28628) of the approval of the Oregon plan and the
adoption of Subpart D to Part 1952 containing the decision.
The Oregon plan provides for adoption of State standards which are
at least as effective as comparable Federal standards promulgated under
Section 6 of the Act. Section 1953.20 provides that where any
alteration in the Federal program could have an adverse impact on the
at least as effective as status of the State program, a program change
supplement to a State plan shall be required. The Oregon plan also
provides for the adoption of Federal standards as State standards by
reference.
The state submitted by letter dated September 13, 1989, from John
A. Pompei, Administrator, to James W. Lake, Regional Administrator, and
incorporated as part of the plan, State standard amendments comparable
to 29 CFR 1926, Safety and Health Regulations for Construction, as
published in the Federal Register (36 FR 75) on April 17, 1971. The
Oregon Safety and Health Regulations for Construction are contained in
OAR Division 3. The regulations were re-adopted by reference, but
included a large number of State-initiated rules adopted in addition or
in lieu of specific rules in 1926. The new Construction
[[Page 17687]]
rules became effective July 7, 1989 under Oregon Administrative Order
8-1989. Included were State-initiated amendments concerning fall
protection and traffic control (Administrative Order 2-1989). On April
26, 1989, the State mailed the proposed amendment of rules to those on
the Department of Insurance and Finance mailing list established
pursuant to OAR 436-01-000 and to those on the Department's
distribution list as their interest appeared. On June 15, 1994, the
submittal was returned to the State for clarification of some issues
and corrections of others. On October 29, 1996, the State submitted an
explanation of the issues and its plan for making the necessary
corrections. Since the corrections were minor and did not require an
administrative order, they were made when the standards were reprinted.
The final corrections were made in 1998.
On its own initiative, the State of Oregon has submitted by letter
dated March 25, 1991, from John A. Pompei, Administrator, to James W.
Lake, Regional Administrator, and incorporated as part of the plan,
adoption of an Oregon-initiated rule, OAR 437-03-093, which makes the
Motor Vehicle standard 1926.601 applicable to all construction job
sites with no exceptions. The amendment was adopted March 18, 1991,
effective April 15, 1991, under Administrative Order 5-1991.
On its own initiative, the State of Oregon has submitted by letter
dated May 10, 1994, from John A. Pompei, Administrator, to James W.
Lake, Regional Administrator, a repeal of OAR 437-050, 055 and 060
because they duplicate the requirements contained in 29 CFR 1926,
Subpart X, Ladders. These standards originally received Federal
Register approval (42 FR 62554) on December 13, 1977. At the same time
Oregon also submitted a State-initiated amendment to its construction
standards at OAR 437-03-020(1) to raise the minimum estimated cost of
construction projects requiring flush toilet facilities from $500,000
to $1,000,000. The State standard amendments were adopted and effective
April 27, 1994, under Administrative Order 1-1994.
In response to Federal standard changes, the State of Oregon has
submitted by letter dated June 13, 1997, from Peter De Luca,
Administrator, to Richard Terrill, Acting Regional Administrator, and
incorporated as part of the plan, State standards comparable to 29 CFR
1926.57(f), (g), (h) and (i), 1926.103(d), (e), (f), (g), (h) and (i),
1926.416(a)(4), (f), (g) and 1926.417(d) contained in the incorporation
of General Industry Safety and Health Standards Applicable to
Construction Work and Technical Amendments, as published in the Federal
Register (58 FR 35099) on June 30, 1993; and State standards comparable
to the changes contained in the Federal Register (61 FR 9230) as
published on March 7, 1996, Miscellaneous Minor and Technical
Amendments, except minor and technical amendments to the following
sections were not adopted: 29 CFR 1910.142(c)(4), 1910.142(i)(1),
1910.153, 1910.261(a)(3), 1910.261(a)(4), 1910.261(n),
1910.266(d)(3)(iv), 1910.266(e)(2)(i), 1910.266(f)(3)(ii),
1910.266(f)(3)(iii), 1910.266(f)(3)(iv), 1910.266(f)(4),
1910.266(f)(5)(i), 1910.268(f)(1), 1926.33(c)(13)(i), 1926.103(a)(2),
1926.1103, 13 Carcinogens and the associated deletions to 1926.1104 and
.1106 through .1116, 1928.21(a)(6), 1928.51(b)(1), 1928.52, 1928,53,
Appendix B to Subpart C and 1928.1027; and State standards comparable
to the changes to 29 CFR 1910 and 1915, changes to Subpart C and D to
29 CFR 1926 and changes to the Cadmium standard contained in 1926.1127
as published in the Federal Register (61 FR 31427) on June 20, 1996,
Consolidation of Repetitive Provisions; Technical Amendments. These
changes were adopted and became effective on April 2, 1997, under
Administrative Order 4-1997.
In response to Federal standard changes, the State has submitted by
letter dated June 13, 1997, from Peter De Luca, Administrator, to
Richard Terrill, Acting Regional Administrator, and incorporated as
part of the plan, State standards identical to 29 CFR 1926.450 through
.454, Safety Standards for Scaffolds Used in the Construction Industry
as published in the Federal Register (61 FR 46051) on August 30, 1996,
and corrections and partial stay published in the Federal Register (61
FR 59831) on November 25, 1996. In addition to adopting the federal
standard, the state adopted three state initiated standards and added a
note to clarify one standard. The state initiated standards require the
employer to have the manufacturer's operating manual with manually
propelled elevating aerial platforms, boom supported elevating work
platforms and scissor lifts and that they follow all operating and
maintenance instructions. The state rules were adopted and became
effective on March 12, 1997, under Administrative Order 2-1997.
2. Decision
OSHA has determined that the State standards for Scaffolds in
Construction, General Industry Standards Applicable to Construction
Work and Technical Amendments, Miscellaneous Minor and Technical
Amendments, and Consolidation of Repetitive Provisions (Technical
Amendments) 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 minimal and that the standards are thus substantially identical.
OSHA has also determined that the State standards for Construction,
Motor Vehicles, and repeal of duplicative Ladder standards are at least
as effective as the comparable Federal standards, as required by
Section 18(c)(2) of the Act. The re-adopted Construction standards have
been in effect since July 7, 1989, the Motor Vehicle standard has been
in effect since April 15, 1991, and the repeal of the Ladder standards
and amendment of construction standards regarding flush toilet
facilities have been in effect since April 27, 1994. During this time
OSHA has received no indication of significant objection to the State's
different standards either as to their effectiveness in comparison to
the Federal standards or as to their conformance with the product
clause requirements or Section 18(c)(2) of the Act. (A different state
standard applicable to a product which is distributed or used in
interstate commerce but be required by compelling local conditions and
not unduly burden interstate commerce). OSHA approves all of the
standards. However, the right to reconsider this approval is reserved
should substantial objections be submitted to the Assistant Secretary.
The state standards were adopted pursuant to ORS 654.025(2), ORS
656.726(3) and ORS 183.335.
3. Location of Supplement for Inspection and Copying
A copy of the standards, along with the approved plan, may be
inspected and copied during normal business hours at the following
locations: Office of the Regional Administrator, Occupational Safety
and Health Administration, 1111 Third Avenue, Suite 715, Seattle,
Washington 98101-3212; Oregon Occupational Safety and Health Division,
Department of Consumer and Business Services, Salem, Oregon 97310; and
the Office of State Programs, Occupational Safety and Health
Administration, Room N-3476, 200 Constitution Avenue, NW,
[[Page 17688]]
Washington, D.C. 20210. An electronic copy of this Federal Register
notice may be obtained from the OSHA home page, http://www.osha.gov.
Click on Federal Register under the Regulation section.
4. 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. The Assistant
Secretary finds that good cause exists for not publishing the
supplement to the Oregon State Plan as a proposed change and making the
Regional Administrator's approval effective upon publication for the
following reasons:
1. The standard amendments are as effective as the federal
standards which were promulgated in accordance with federal law
including meeting requirements for public participation.
2. The standard amendments were adopted in accordance with the
procedural requirements of State law and further public participation
would be repetitious.
This decision is effective April 12, 1999.
(Sec. 18, Pub. L. 91-596, 84 Stat. 6108 [29 U.S.C. 667]).
Signed at Seattle, Washington, this 16th day of October 1998.
Richard S. Terrill,
Acting Regional Administrator.
[FR Doc. 99-9048 Filed 4-9-99; 8:45 am]
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