[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22175]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2017-0010]
Nevada State Plan; Change in Level of Federal Enforcement:
Private-Sector Employment on Military Bases
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 Nevada's Occupational Safety and Health State Plan
reinstating federal OSHA enforcement authority over private-sector
employment on military facilities and bases in Nevada. The Nevada State
Plan currently has coverage over some private-sector contractors on
military bases. Therefore, OSHA amends the Nevada State Plan's coverage
to reflect this change in the level of federal enforcement.
DATES: Applicable Date: October 13, 2017.
FOR FURTHER INFORMATION CONTACT: For press inquiries: Francis
Meilinger, Director, OSHA Office of Communications: Telephone: (202)
693-1999; email: email@example.com.
For general and technical information: Douglas J. Kalinowski,
Director, OSHA Directorate of Cooperative and State Programs:
Telephone: (202) 693-2200; email: firstname.lastname@example.org.
SUPPLEMENTARY INFORMATION: Section 18 of the Occupational Safety and
Health Act of 1970, 29 U.S.C. 667 (OSH Act), provides that states that
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 which include initial approval under section 18(c) of the OSH
Act and, ultimately, final approval under section 18(e).
The Nevada State Plan was initially approved under Section 18(c) of
the OSH Act on January 4, 1974 (39 FR 1009). The Nevada State Plan is
administered by the Department of Business and Industry, Division of
Industrial Relations, Nevada Occupational Safety and Health
Administration (Nevada OSHA). On April 18, 2000, OSHA announced the
final approval of the Nevada State Plan pursuant to section 18(e) and
amended 29 CFR part 1952 to reflect the Assistant Secretary's decision
(65 FR 20742). As a result, federal OSHA relinquished its enforcement
authority with regard to occupational safety and health issues covered
by the Nevada State Plan.
Federal OSHA retained its authority over safety and health in the
private sector over maritime employment; contract workers, and
contractor-operated facilities engaged in U.S. Postal Service mail
operations; contractors and subcontractors on land under exclusive
federal jurisdiction; employment on Indian Land; and any hazard,
industry, geographical area, operation, or facility over which the
state is unable to effectively exercise jurisdiction for reasons not
related to the required performance or structure of the plan.
To establish military facilities, the Federal Government may
privately purchase or lease land, as any other entity would, and in
those cases a State Plan can cover private-sector occupational safety
and health on such land. In other cases, the Federal Government may ask
a State to cede the land to the Federal Government, in which case the
latter obtains jurisdiction over it; however, a State may retain some
jurisdiction. Thus, the determination whether the State Plan or federal
OSHA covers private-sector employers on military facilities can be
complicated. For example, military facilities in Nevada sometimes
encompass both land where jurisdiction has been ceded and land
privately owned by the Federal Government (though federal OSHA covers
all federal civilian employees on military facilities). This situation
has created confusion as to whether federal OSHA or the Nevada State
Plan covers private-sector employers on a military facility, and is a
resource-intensive inquiry. Thus, the Nevada State Plan requested on
December 14, 2016, that federal OSHA resume enforcement authority over
all private-sector employment on military facilities and bases. After
discussions between federal OSHA and Nevada OSHA, both agencies agreed
that federal coverage of all private-sector contractors on military
bases was the best solution to ensure prompt and effective protection
to workers on military bases in Nevada.
Accordingly, notice is hereby given of the change in federal
enforcement authority over private-sector contractors on military bases
in Nevada, and coverage is transferred from the Nevada State Plan to
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 (77 FR
3912), and 29 CFR parts 1902, 1953 and 1955.
Signed in Washington, DC, on October 3, 2017.
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-22175 Filed 10-12-17; 8:45 am]
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