[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01414]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2017-0003]
Michigan State Plan; Change in Level of Federal Enforcement:
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
SUMMARY: This document gives notice of OSHA's approval of a change to
the State of Michigan's Occupational Safety and Health State Plan that
clarifies that marine construction is included in its State Plan.
Therefore, OSHA announces an amendment to the Operational Status
Agreement between OSHA and the Michigan State Plan to clarify
Michigan's coverage of marine construction.
DATES: Effective Date: January 23, 2017.
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: email@example.com.
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 Michigan State Plan was initially approved under Section 18(b)
of the OSH Act and 29 CFR part 1902 on September 24, 1973 (38 FR 27388,
October 3, 1973). The Michigan State Plan is administered by the
Michigan Department of Licensing and Regulatory Affairs, Michigan
Occupational Safety and Health Administration (MIOSHA). On January 6,
1977, an Operational Status Agreement was entered into between OSHA and
the Michigan State Plan agency whereby concurrent federal enforcement
authority was suspended with regard to most federal occupational safety
and health standards in issues covered by the state's OSHA-approved
occupational safety and health plan. Federal OSHA retained its
authority over safety and health in private sector maritime employment,
with regard to federal government employers and employees, and
employees of the U.S. Postal Services (effective June 9, 2000), and
employers who are enrolled members of Indian tribes and who own or
operate businesses located within the boundaries of Indian
MIOSHA has covered construction since the Plan's inception. A legal
issue has arisen as to whether employees engaged in marine construction
are covered by the Longshore and Harbor Workers' Compensation Act (33
U.S.C. 901 et seq.) and thus were included in Federal OSHA's coverage
of maritime employment. MIOSHA requested that its coverage be clarified
to explicitly include coverage over marine construction. OSHA and
MIOSHA have agreed to amendments to the State Plan's Operational Status
Agreement (OSA) that clarify that the exclusion of private sector
maritime employment from the State Plan does not include marine
construction, and the State Plan's coverage of construction includes
marine construction. The amendment was signed on July 25, 2016. All
other terms of the OSA remain in effect.
Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 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.
Dated: January 9, 2017.
Assistant Secretary of Labor for Occupational Safety and Health
[FR Doc. 2017-01414 Filed 1-19-17; 8:45 am]
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