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  • Publication Date:
  • Publication Type:
    Notice
  • Fed Register #:
    81:35063-35064
  • Standard Number:
  • Title:
    Hawaii State Plan for Occupational Safety and Health; Operational Status Agreement Revisions
[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)][Notices][Pages 35063-35064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12821]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0029]


Hawaii State Plan for Occupational Safety and Health; Operational 
Status Agreement Revisions

AGENCY: Occupational Safety and Health Administration, Department of 
Labor.

ACTION: Notice.

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SUMMARY: This document announces revisions to the Operational Status 
Agreement between the Occupational Safety and Health Administration 
(OSHA) and the Hawaii State Plan, which specifies the respective areas 
of Federal and State authority, and under which Hawaii has reassumed 
additional coverage.

DATES: Effective June 1, 2016.

FOR FURTHER INFORMATION CONTACT: 
    For press inquiries: Francis Meilinger, OSHA Office of 
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution 
Avenue NW., 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, Room N-
3700, U.S. Department of Labor, 200 Constitution Avenue NW., Washington 
DC 20210; telephone: (202) 693-2200; email: kalinowski.doug@dol.gov.

SUPPLEMENTARY INFORMATION: 

Background

    The Hawaii Occupational Safety and Health Division (HIOSH) 
administers an OSHA-approved State Plan to develop and enforce 
occupational safety and health standards for public-sector and private-
sector employers pursuant to the provisions of section 18 of the 
Occupational Safety and Health Act (the Act), 29 U.S.C. 667. Pursuant 
to section 18(e) of the Act, 29 U.S.C. 667(e), OSHA granted Hawaii 
final approval effective April 30, 1984 (49 FR 19182).
    From 2009-2012, the Hawaii State Plan faced major budgetary and 
staffing restraints that significantly affected its program. Therefore, 
the Hawaii Director of Labor and Industrial Relations requested a 
temporary modification of the State Plan's approval status from final 
approval to initial approval to permit supplemental federal enforcement 
activity and to allow Hawaii sufficient time and assistance to 
strengthen its State Plan. On September 21, 2012, OSHA published a 
Final Rule in the Federal Register (77 FR 58488) that modified the 
Hawaii State Plan's "final approval" determination under section 
18(e) of the Act, transitioned the Plan to "initial approval" status 
under section 18(b) of the Act, and reinstated concurrent federal 
enforcement authority over occupational safety and health issues in the 
private sector. That Federal Register notice also provided notice of 
the Operational Status Agreement (OSA) between OSHA and HIOSH, which 
specified the respective areas of federal and state authority.
    During its developmental period under initial approval, Hawaii's 
Department of Labor and Industrial Relations has taken several steps in 
rebuilding the capacity of HIOSH. Hawaii is committed to redeveloping 
its State Plan, has increased its staff recruitment to reach its 
staffing benchmark, and has exceeded the OSA's goal for the number of 
inspections in Fiscal Year 2015. HIOSH and OSHA have worked together to 
strengthen the State Plan. Since 2012, OSHA and HIOSH have agreed to 
several addenda to the OSA to return greater responsibility to HIOSH. 
Accordingly, this notice provides information about the revisions to 
the OSA made in Fiscal Years 2015 and 2016.

Notice of Revisions to the Operational Status Agreement

    Federal OSHA and HIOSH will exercise their respective enforcement 
authority according to the terms of the 2012 OSA between OSHA and 
HIOSH, which specifies the respective areas of federal and state 
authority, with revisions agreed to in September 2015. Under the 2012 
OSA, Federal OSHA obtained and still retains coverage over all Federal 
employees and sites (including the United States Postal Service (USPS), 
USPS contract employees, and contractor-operated facilities engaged in 
USPS mail operations), private-sector maritime activities, and private-
sector employees within the secured borders of all military 
installations where access is controlled. Under the 2012 OSA, Federal 
OSHA assumed coverage over agriculture and most of general industry, 
including facilities that include processes covered by the process 
safety management standard (29 CFR 1910.119), as well as provisions of 
the general industry and construction standards (29 CFR parts 1910 and 
1926) appropriate to hazards found in that employment. Hawaii retained 
coverage over the construction industry, transportation and 
warehousing, and state and local government employment. In the Fiscal 
Year 2014 addendum to the OSA, Hawaii regained authority over 
manufacturing (NAICS 31 through 33) (except refineries (NAICS 324) and 
any other private-sector facilities that include processes covered by 
the process safety management standard (29 CFR 1910.119)). The FY 2014 
addendum also provided a mechanism for the most-available agency to 
respond to life-threatening situations on neighbor islands (79 FR 8855, 
February 14, 2014).
    The Fiscal Year 2015 addendum to the OSA returned coverage over 
agriculture and general industry (except refineries (NAICS 324) and any 
other private-sector facilities that include processes covered by the 
process safety management standard (29 CFR 1910.119)) to HIOSH. Federal 
OSHA continues to cover refineries (NAICS 324) and any other private-
sector facilities that include processes covered by the process safety 
management standard (29 CFR 1910.119) and enforces provisions of the 
Act and of the general industry and construction standards appropriate 
to hazards found in facilities with processes that are covered by the 
process safety management standard.
    All terms of the 2012 OSA, as amended, remain in effect. The FY 
2016 addendum updates the OSA's plan of action and milestones for HIOSH to 
work towards regaining section 18(e) final approval status. OSHA will 
continue to work with, and provide assistance to, HIOSH.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, 200 
Constitution Ave. NW., Washington, DC, authorized the preparation of 
this notice. OSHA is issuing this notice under the authority specified 
by section 18 of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 667), Secretary of Labor's Order No. 1-2012 (76 FR 3912), and 29 
CFR part 1902.

    Signed in Washington, DC, on May 25, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-12821 Filed 5-31-16; 8:45 am]
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