• Publication Date:
  • Publication Type:
    Notice
  • Fed Register #:
    82:58450
  • Standard Number:
  • Title:
    Minnesota State Plan; Changes in Level of Federal Enforcement: Employment on Indian Reservations and Twin Cities Army Ammunition Plant, and Coverage Clarifications

  [Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)]
  [Notices]
  [Page 58450]
  From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
  [FR Doc No: 2017-26676]


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  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.

  ACTION: Notice.

  -----------------------------------------------------------------------

  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
  coverage clarifications.

  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: meilinger.francis2@dol.gov.
      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:
  kalinowski.doug@dol.gov.

  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
  9, 2000).

  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.
  Loren Sweatt,
  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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