[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20760]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket ID OSHA-2012-0029]
Hawaii State Plan for Occupational Safety and Health; Operational
AGENCY: Occupational Safety and Health Administration, Department of
SUMMARY: This document announces a new Operational Status Agreement
between the Occupational Safety and Health Administration (OSHA) and
the Hawaii State Plan. This agreement specifies the respective areas of
federal and state authority, and under which Hawaii will reassume
enforcement coverage in the private sector.
DATES: Effective September 28, 2017.
FOR FURTHER INFORMATION CONTACT: For press inquiries: Francis
Meilinger, OSHA Office of Communications; telephone (202) 693-1999;
For general and technical information: Douglas J. Kalinowski,
Director, OSHA Directorate of Cooperative and State Programs;
telephone: (202) 693-2200; email: email@example.com.
Hawaii 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 (OSH Act), 29 U.S.C. 667.
Pursuant to Section 18(e) of the Act, OSHA granted Hawaii ``final
approval'' in 1984 (49 FR 19182, May 4, 1984). A final approval
determination results in the relinquishment of federal concurrent
enforcement authority in the state with respect to occupational safety
and health issues covered by the plan, 29 U.S.C. 667(e).
During the period 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
exercise of 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 the Hawaii Occupational Safety and Health Division
(HIOSH), which specified the respective areas of federal and state
HIOSH and OSHA have since worked together to strengthen the State
Plan, and HIOSH has achieved the milestones established to resume
practically all private-sector enforcement authority.
Notice of New Operational Status Agreement
OSHA and HIOSH signed a new OSA on April 13, 2017, which replaced
the prior 2012 OSA. Federal OSHA and HIOSH will exercise their
respective enforcement authorities according to the terms of the 2017
OSA between OSHA and HIOSH, which specifies the respective areas of
federal and state authority. Among other things, Federal OSHA retains
coverage over all federal employees, contractors, and subcontractors at
Hawaii National Parks and on any other federal establishment where the
land is determined to be under exclusive federal jurisdiction; private-
sector maritime activities; private-sector employees within the secured
borders of all military installations where access is controlled; the
U.S. Postal Service, its contract workers, and contractor-operated
facilities; and the enforcement of Section 11(c) of the Act, 29 U.S.C.
660(c), the Act's whistleblower provision. The Hawaii State Plan
retains coverage over all state and local government employers and
regains coverage over all private-sector employers not covered by
federal OSHA, including marine construction not performed on vessels or
other floating facilities. For further information please visit http://www.osha.gov/dcsp/osp/stateprogs/hawaii.html.
Authority and Signature
Loren Sweatt, Deputy 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 (76 FR 3912), and 29 CFR part
Signed in Washington, DC, on September 21, 2017.
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-20760 Filed 9-27-17; 8:45 am]
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