[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)][Notices][Pages 67012-67013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23582]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2016-0023]
Tennessee State Plan; Change in Level of Federal Enforcement:
AGENCY: Occupational Safety and Health Administration (OSHA).
SUMMARY: This document gives notice of OSHA's approval of a change to
the state of Tennessee's occupational safety and health State Plan to
include marine construction in its State Plan. Marine construction was
previously exempted from the State Plan by the Tennessee Occupational
Safety and Health Act of 1972. Therefore, OSHA amends the Tennessee
State Plan's coverage to reflect this change in the level of federal
DATES: Effective Date: September 29, 2016.
FOR FURTHER INFORMATION CONTACT:
For press inquiries, contact Francis Meilinger, Director, Office of
Communications, Room N-3647, OSHA, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-
1999; email: firstname.lastname@example.org.
For general and technical information, contact Douglas J.
Kalinowski, Director, Directorate of Cooperative and State Programs,
Room N-3700, OSHA, U.S. Department of Labor, 200 Constitution Avenue
NW., Washington, DC 20210; telephone: (202) 693-2200; email:
SUPPLEMENTARY INFORMATION: Section 18 of the Occupational Safety and
Health Act of 1970, 29 U.S.C. 667 (OSH Act), provides that states that
wish to assume responsibility for developing and enforcing their own
occupational safety and health standards may do so by submitting and
obtaining federal approval of a State Plan. State Plan approval occurs
in stages that include initial approval under Section 18(c) of the Act
and, ultimately, final approval under Section 18(e).
The Tennessee State Plan was initially approved under Section 18(c)
of the OSH Act and 29 CFR part 1902 on July 5, 1973. The Tennessee
State Plan is administered by the Tennessee Department of Labor and
Workforce Development, Division of Occupational Safety and Health
(TOSHA). On July 22, 1985, OSHA announced the final approval of the
Tennessee State Plan pursuant to Section 18(e) and amended Subpart P of
29 CFR part 1952 to reflect the Assistant Secretary's decision (50 FR
29659-01). As a result, OSHA relinquished its concurrent standards and
enforcement authority with regard to occupational safety and health
issues covered by the Tennessee State Plan.
OSHA retained its authority over safety and health in private
sector maritime employment; federal government employers and workers;
the U.S. Postal Service (USPS), including USPS employees and contract
employees at contractor-operated facilities engaged in USPS mail
operations; railroad employment; employment at Tennessee Valley
Authority facilities; and on military bases.
Under the Tennessee Occupational Safety and Health Act of 1972,
workers protected by the Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 901 et seq.) were exempt from coverage by the
Tennessee State Plan (T.C.A. Sec. 50-3-104(6) (2014)). That
included workers who were engaged in marine construction. However,
Tennessee subsequently removed this prohibition from the statute (2015
Tenn. Pub. Acts, c. 23, Sec. 1). Now, TOSHA is requesting that its
coverage be modified to include coverage over marine construction.
TOSHA has in place standards for construction (TN ADC 0800-01-06-.02
adopts OSHA's construction standards in 29 CFR 1926 with minor
exceptions not relevant here), including for marine operations and
equipment (29 CFR 1926.605). OSHA is transferring coverage over marine
construction to the Tennessee State Plan. Accordingly, notice is hereby
given of the change in State Plan authority over marine construction,
and coverage is transferred to the Tennessee State Plan.
Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 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 (77 FR 3912), and 29 CFR
parts 1902 and 1953.
Signed at Washington, DC, on September 26, 2016.
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-23582 Filed 9-28-16; 8:45 am]
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