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.

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, Carolina Department of Labor (redesignated Director of the 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 1952.97 to read as follows:

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 1952.157 to read as follows:

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]