[Federal Register Volume 59, Number 121 (Friday, June 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15346]
[[Page Unknown]]
[Federal Register: June 24, 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 South Carolina and North Carolina State Plans
AGENCY: Department of Labor, Occupational Safety and Health
Administration (OSHA).
ACTION: Final rule.
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SUMMARY: This document gives notice of Federal approval of State Plan
supplements concerning the South Carolina ``Palmetto'' STAR and North
Carolina ``Carolina'' STAR Voluntary Protection Programs (VPP). These
programs are modeled after the OSHA STAR 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: June 24, 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 South Carolina 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 December 6, 1972 (37 FR 25932). A determination of
final approval was made under section 18(e) of the Act on December 18,
1987 (57 FR 48103).
The North Carolina 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 February 1, 1973 (38 FR 3041).
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 November 10, 1993, Virgil W. Duffie, Jr., Commissioner, South
Carolina Department of Labor (redesignated Director of the Department
of Labor, Licensing, and Regulation), submitted a plan change
supplement concerning South Carolina ``Palmetto'' STAR Voluntary
Protection Program (VPP). After Federal review of the South Carolina
``Palmetto'' STAR VPP, South Carolina's ``Palmetto'' STAR program was
found to be generally identical to the Federal STAR Voluntary
Protection Program, as described in the Federal Register on July 12,
1988 (53 FR 26339). South Carolina's VPP is limited to the STAR Program
in general industry, excludes the Merit and Demonstration Programs and
excludes the construction industry. Additionally, the State's
``Palmetto'' STAR Program will use State injury rates rather than
National injury rates and applicant's injury rate must be at or below
50 percent of the State industry average.
On January 28, 1994, Steven Sykes, State Plan Coordinator, North
Carolina Division of Occupational Safety and Health, submitted a plan
change supplement concerning North Carolina's ``Carolina'' STAR
Voluntary Protection Program (VPP). After Federal review of the North
Carolina ``Carolina'' STAR VPP, North Carolina's ``Carolina'' STAR
program was found to be generally identical to the Federal STAR
Voluntary Protection Programs. North Carolina's VPP is limited to the
STAR Program, and excludes the Merit and Demonstration Programs. (These
Programs, F and G under Federal VPP, are indicated as Reserved by North
Carolina.) Additionally, the State's ``Carolina'' Star Program will use
State injury rates rather than National injury rates and the
applicant's injury rate must be at or below 50 percent of the State
industry average.
C. Location of Supplements for Inspection and Copying
A copy of the State plan supplement on the South Carolina
``Palmetto'' STAR 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, Suite 587, 1375 Peachtree Street, N.E., Atlanta, Georgia
30367; South Carolina Department of Labor, Licensing, and Regulation,
3600 Forest Drive, Post Office Box 11329, Columbia, South Carolina
29211-1329.
A copy of the State plan supplement on the North Carolina
``Carolina'' STAR 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, Suite 587, 1375 Peachtree Street NE., Atlanta, Georgia
30367; North Carolina Department of Labor, 413 North Salisbury Street,
Raleigh, North Carolina 27603-5942.
Copies of the South Carolina and North Carolina 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, D.C. 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 South Carolina's ``Palmetto'' and North
Carolina's ``Carolina'' STAR Voluntary Protection Programs are
generally identical to the Federal STAR Voluntary Protection Program,
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
necessary.
E. Decision
After careful consideration and review by the Regional and National
Offices, the South Carolina and North Carolina 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.
List of Subjects in 29 CFR Part 1952
Intergovernmental relations, Law enforcement, Occupational safety
and health, Reporting and recordkeeping requirements.
Signed at Washington, DC, this 20th day of June, 1994.
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 C-South Carolina, is amended by adding Sec. 1952.97 to
read as follows:
Sec. 1952.97 Changes to approved plans.
(a) The Voluntary Protection Program. On June 20, 1994, the
Assistant Secretary approved South Carolina's plan supplement, which is
generally identical to the Federal Star Voluntary Protection Program.
South Carolina's ``Palmetto'' VPP is limited to the Star Program in
general industry, excludes the Merit and Demonstration Programs and
excludes the construction industry. Also, injury rates must be at or
below 50 percent of the State industry average rather than the National
industry average.
3. Subpart I-North Carolina is amended by adding Sec. 1952.157 to
read as follows:
Sec. 1952.157 Changes to approved plans.
(a) The Voluntary Protection Program. On June 20, 1994, the
Assistant Secretary approved North Carolina's plan supplement, which is
generally identical to the Federal Star Voluntary Protection Program.
North Carolina's ``Carolina'' VVP is limited to the Star Program, and
excludes the Merit and Demonstration Programs. Also, injury rates must
be at or below 50 percent of the State injury average rather than the
National injury average.
[FR Doc. 94-15346 Filed 6-23-94; 8:45 am]
BILLING CODE 4510-26-M
