2019-15850. Arizona State Plan for Occupational Safety and Health

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    AGENCY:

    Occupational Safety and Health Administration, Labor.

    ACTION:

    Reconsideration of final approval of state plan; withdrawal.

    SUMMARY:

    OSHA is withdrawing its proposed reconsideration of the Arizona State Plan's final approval status.

    DATES:

    July 26, 2019.

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    FOR FURTHER INFORMATION CONTACT:

    For press inquiries: Francis Meilinger, OSHA Office of Communications, U.S. Department of Labor, Washington, DC 20210; telephone (202) 693-1999; email: meilinger.francis2@dol.gov.

    For general and technical information: Douglas J. Kalinowski, Director, OSHA Directorate of Cooperative and State Programs, U.S. Department of Labor, Washington, DC 20210; telephone: (202) 693-2200; email: kalinowski.doug@dol.gov.

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    SUPPLEMENTARY INFORMATION:

    On August 21, 2014, OSHA published a Federal Register document proposing to reject Arizona's residential construction fall Start Printed Page 35990protection statute enacted by Arizona's state legislature (formerly published as Arizona Revised Statute (A.R.S.) 23-492), and to reconsider the Arizona State Plan's final approval pursuant to 29 CFR 1953.6(e) and 29 CFR 1902.47 (79 FR 49465). OSHA based that proposal on a finding that Arizona's requirements for residential construction fall protection were not at least as effective as OSHA's federal standard, as required by the Occupational Safety and Health Act (29 U.S.C. 667(c)(2)).

    On February 6, 2015, OSHA published a Federal Register document responding to comments received in response to its proposed rejection document, and announcing OSHA's final decision to reject the Arizona State Plan's residential construction fall protection statute (80 FR 6652). However, SB 1307 included a conditional repeal provision. Under this provision, if OSHA rejected the state statute and published that decision in the Federal Register pursuant to 29 CFR 1902.23, then A.R.S. 23-492 would be repealed by operation of law (SB 1307 Sec. 7). In response to this provision, OSHA deferred its decision on the simultaneously proposed action of reconsidering the State Plan's final approval, to allow for Arizona's repeal of the rejected statute to take effect, and to allow for Arizona's subsequent enforcement of a standard at least as effective as OSHA's standard.

    Since that time, Arizona has adopted OSHA's residential construction fall protection standard, 29 CFR part 1926, subpart M. Federal OSHA has monitored this issue closely and finds that Arizona has also successfully implemented this standard. Accordingly, OSHA is withdrawing its proposal to reconsider the Arizona State Plan's final approval status.

    Authority and Signature

    Loren Sweatt, Acting Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this document under the following authorities: Section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667), Secretary of Labor's Order No. 1-2012 (77 FR 3912), and 29 CFR parts 1902 and 1953.

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    Signed in Washington, DC, on July 17, 2019.

    Loren Sweatt,

    Acting Assistant Secretary of Labor for Occupational Safety and Health.

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    [FR Doc. 2019-15850 Filed 7-25-19; 8:45 am]

    BILLING CODE 4510-26-P

Document Information

Published:
07/26/2019
Department:
Occupational Safety and Health Administration
Entry Type:
Rule
Action:
Reconsideration of final approval of state plan; withdrawal.
Document Number:
2019-15850
Dates:
July 26, 2019.
Pages:
35989-35990 (2 pages)
Docket Numbers:
Docket ID. OSHA 2014-0019
RINs:
1218-AC92: Arizona State Plan for Occupational Safety and Health
RIN Links:
https://www.federalregister.gov/regulations/1218-AC92/arizona-state-plan-for-occupational-safety-and-health
PDF File:
2019-15850.Pdf
Supporting Documents:
» Letter dated September 13, 2011 from T. Zachary Barnett; DOL/OSHA addressed to Laura McGrory; Arizona Department of Occupational Safefy (ADOSH) regarding Notice of Complaint about State Program Administration (CASPA) 2012-AZ27, Fall Protection
» Letter dated June 21, 2012 from T. Zachary Barnett; DOL/OSHA addressed to Darin Perkins; Arizona Division of Occupational Safety and Health (ADOSH) regarding Complaint About State Program Administration (CASPA) 2012-AZ27: Residential Fall Protection
» Letter dated December 7, 2012 from T. Zachary Barnett; DOL/OSHA addressed to Laura McGrory; Arizona Department of Occupational Safety (ADOSH) regarding the Findings for the Complaint About State Program Administration (CASPA) 2012-AZ27, Fall Protection
» Letter dated February 1, 2013 from Laura McGrory; Industrial Commission of Arizona, Office of the Director addressed to T. Zachary Barnett; DOL/OSHA regarding Response to Complaint About State Program Administration (CASPA) AZ27 (Revised)
» Letter dated March 19, 2014 from David Michaels; DOL/OSHA addressed to Laura McGrory; Industrial Commission of Arizona, regarding a request for Arizona Division of Occupational Safety and Health (ADOSH) to show cause why OSHA should not initiate proceedin
» Letter dated May 1, 2014 from Bradford Hammock; Jackson Lewis to Dr. David Michaels; DOL\OSHA regarding Arizona State Initiated Plan Change Response to "Show Cause" letter.
» Arizona Revised Statutes Annotated Currentness 23-492. Definitions
» Chapter 119 Senate Bill 1307
CFR: (1)
29 CFR 1952