[Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26676]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2017-0011]
Minnesota State Plan; Changes in Level of Federal Enforcement:
Employment on Indian Reservations and Twin Cities Army Ammunition
Plant, and Coverage Clarifications
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
SUMMARY: This document gives notice of OSHA's approval of changes to
the State of Minnesota's Occupational Safety and Health State Plan that
specify that non-Indian private- sector employment within an Indian
reservation or on lands held in trust by the Federal Government, and
employment on land formerly occupied by the Twin Cities Army Ammunition
Plant, are included in its State Plan, and that make other minor
DATES: Applicable Date: December 12, 2017.
FOR FURTHER INFORMATION CONTACT: For press inquiries, contact Francis
Meilinger, Director, OSHA Office of Communications, U.S. Department of
Labor; telephone: (202) 693-1999; email: firstname.lastname@example.org.
For general and technical information, contact Douglas J.
Kalinowski, Director, OSHA Directorate of Cooperative and State
Programs, U.S. Department of Labor; 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 Minnesota State Plan was initially approved under Section 18(b)
of the OSHA Act. 38 FR 15077 (June 8, 1973). The State Plan later
received final approval. 50 FR 30832 (July 30, 1985). The Minnesota
State Plan is administered by the Minnesota Department of Labor and
Industry, Minnesota Occupational Safety and Health Administration
(MNOSHA). Under the Plan, MNOSHA covers state and local government
employers and private-sector employers with certain exceptions.
Originally, one of the exceptions was employment at the Twin Cities
Army Ammunition Plant, which Federal OSHA covered because the United
States had exclusive federal jurisdiction over the site. 50 FR 30832
(July 30, 1985). Later, another exception was added for tribal and
private-sector employment within any Indian reservation in the State,
which Federal OSHA also covered. 61 FR 36824 (July 15, 1996).
With the decommissioning and removal of the Twin Cities Army
Ammunition Plant, MNOSHA requested that the exception to the State
Plan's coverage for the plant be eliminated. The land on which the
plant stood was transferred to the county and as such, private-sector
employment on this land would fall under the State Plan's area of
coverage. However, Federal OSHA continues to cover employment on land
adjacent to the land transferred to the county because that adjacent
land continues to be under exclusive federal jurisdiction. Federal OSHA
granted this request.
MNOSHA also requested that the exception to the State Plan for
tribal and private-sector employment on Indian reservations and lands
held in trust by the Federal Government be changed so that MNOSHA could
cover non-Indian private-sector employment in these areas. Federal OSHA
continues to cover establishments owned or operated by Indian tribes or
by enrolled members of Indian tribes. This approach to coverage is
consistent with case law on federal and state authority over Indian
lands. Federal OSHA granted this request.
These changes are reflected on the Federal OSHA web page for
MNOSHA, http://www.osha.gov/dcsp/osp/stateprogs/minnesota.html. In
addition, that web page was updated to include two longstanding
coverage features of the Minnesota State Plan which are also common to
other State Plans. 50 FR 30832 (July 30, 1985). Federal OSHA covers any
hazard, industry, geographical area, operation or facility over which
the State is unable to effectively exercise jurisdiction for reasons
unrelated to the required performance or structure of the plan. Federal
OSHA also covers Federal Government employers. Additionally, Federal
OSHA covers the United States Postal Service (USPS). 65 FR 36622 (June
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 and 1953.
Signed in Washington, DC, on December 1, 2017.
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-26676 Filed 12-11-17; 8:45 am]
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