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• Publication Date: 01/14/1994
• Publication Type: Final Rules
• Fed Register #: 59:2294-2295
• Standard Number: 1952.117; 1952.357; 1952.385
• Title: Approved State Plans for Enforcement of State Standards Approval of Supplements to the Utah, Arizona, and Puerto Rico State Plans

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1952

Approved State Plans for Enforcement of State Standards Approval of Supplements to the Utah, Arizona, and Puerto Rico State Plans

AGENCY: Occupational Safety and Health Administration (OSHA), Department of Labor.

ACTION: Final rule.

SUMMARY: This document gives notice of Federal approval of State Plan supplements concerning the Utah, Arizona and Puerto Rico Voluntary Protection Programs (VPP). These programs are modeled on the OSHA VPP, which recognize excellence in worksite safety and health. Employers participating in VPP can realize lower workers' injury rates, lower workers' compensation costs and greater employee productivity.

EFFECTIVE DATE: January 14, 1994.

FOR FURTHER INFORMATION CONTACT: James Foster, Director, Office of Information and Consumer Affairs, Occupational Safety and Health Administration, room N3647, 200 Constitution Avenue, NW., Washington, DC, 20210, Telephone (202) 219-8148.

SUPPLEMENTARY INFORMATION:

A. Background

The Utah Occupational Safety and Health Plan was approved under section 18(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667(c)) (hereinafter referred to as the Act) and Part 1902 of this chapter on January 10, 1973 (38 FR 1178). A determination of final approval was made under section 18(e) of the Act on July 16, 1985 (50 FR 28770).

The Arizona Occupational Safety and Health Plan was approved under section 18(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667(c)) (hereinafter referred to as the Act) and Part 1902 of this chapter on October 29, 1974 (39 FR 39037). A determination of final approval was made under section 18(e) of the Act on June 20, 1985 (50 FR 25571).

The Puerto Rico Occupational Safety and Health Plan was approved under section 18(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667(c)) (hereinafter referred to as the Act) and 29 CFR Part 1902 on August 30, 1977 (42 FR 43629).

Part 1953 of this chapter provides procedures for the review and the approval of State change supplements by the Assistant Secretary of Labor for Occupational Safety and Health (hereinafter referred to as the Assistant Secretary).

B. Description of Supplements

On June 18, 1992, Jay W. Bagley, Administrator, Utah Occupational Safety and Health Division, submitted a plan change supplement concerning Utah's Voluntary Protection Programs (VPP). After Federal review of the Utah VPP and subsequent modifications made by the State, Utah's program was found to be generally identical to the Federal Voluntary Protection, as described in the Federal Register on July 2, 1982 (47 FR 29025).

On August 30, 1993, Cathy Neville, Assistant Director, Arizona Division of Occupational Safety and Health, submitted a plan change supplement concerning Arizona's Voluntary Protection Program (VPP). After Federal review of the Arizona VPP, Arizona's program was found to be generally identical to the Federal Voluntary Protection Programs, with the exception that the State's VPP is limited to the Star Program in general industry, excludes the Merit and Demonstration Programs and excludes the construction industry.

On January 10, 1993, Yazminnie Vazquez, Director, Voluntary Program, Puerto Rico submitted a plan change supplement concerning Puerto Rico's Voluntary Protection Programs (VPP). The Puerto Rico program also was found to be generally identical to the Federal VPP with the exception of changes to reflect different structure and exclusion of the Demonstration Program.

C. Location of Supplement for Inspection and Copying

A copy of the State plan supplement on the Utah VPP may be inspected and copied during normal business hours at the following locations: U.S. Department of Labor, Occupational Safety and Health Administration, Office of the Regional Administrator, room 1554, Federal Building, 1961 Stout Street, Denver, Colorado 80202; the Industrial Commission of Utah, UOSHA Offices at 160 East 300 South, 3rd Floor, P.O. Box 146600, Salt Lake City, Utah 84114-6600.

A copy of the State plan supplement on the Arizona VPP may be inspected and copied during normal business hours at the following locations: U.S. Department of Labor, Occupational Safety and Health Administration, Office of the Regional Administrator, 71 Stevenson Street, 4th Floor, San Francisco, California 94105; Industrial Commission of Arizona, Division of Occupational Safety and Health, 800 W. Washington, Phoenix, Arizona 85007.

A copy of the State plan supplement on the Puerto Rico VPP may be inspected and copied during normal business hours at the following locations: U.S. Department of Labor, Occupational Safety and Health Administration, Office of the Regional Administrator, 201 Varick Street, room 670, New York, New York 10014; Puerto Rico Department of Labor and Human Resources, Prudencio Rivera Martinez Building, 505 Munoz Rivera Avenue, Hato Rey, Puerto Rico 00918.

Copies of the Utah, Arizona and Puerto Rico supplements also are available at the U.S. Department of Labor, Occupational Safety and Health Administration, Directorate of Federal - State Operations, 200 Constitution Avenue, NW., room N3700, Washington, DC 20210.

D. Public Participation

Under 29 CFR 1953.2(c) of this chapter, the Assistant Secretary may prescribe alternative procedures to expedite the review process or for any other good cause which may be consistent with applicable law. The Assistant Secretary finds that Utah's, Arizona's and Puerto Rico's Voluntary Protection Programs are generally identical to the Federal Voluntary Protection Programs, meet Federal requirements and were adopted by the States in accordance with State procedural requirements. Good cause is therefore found for approval of these supplements and further public participation would be unnecessary.

E. Decision

After careful consideration and review by the Regional and National Offices, the Utah, Arizona and Puerto Rico plan supplements described above are found to meet OSHA requirements and are hereby approved under part 1953 of this chapter. The decision incorporates the requirements of the Act and implementing regulations applicable to State plans generally.

Signed at Washington, DC this 30th day of December, 1993.

Joseph A.Dear,
Assistant Secretary of Labor.

Accordingly, for the reasons set forth in the preamble, 29 CFR part 1952 is hereby amended as follows:

PART 1952 - [AMENDED]

1. The authority citation for part 1952 continues to read as follows:

Authority: Sec. 18, 84 Stat. 1608 (29 U.S.C. 657); 29 CFR part 1902, Secretary of Labor's Order No. 1-90 (55 FR 9033).

2. Subpart E - Utah, 1952.117 is amended by adding paragraph (b) to read as follows:

1952.117 Changes to approved plans.

* * * * *

(b) The Voluntary Protection Program. On December 30, 1993, the Assistant Secretary approved Utah's plan supplement, which is generally identical to the Federal Voluntary Protection Program.

3. Subpart CC - Arizona is amended by adding 1952.357 to read as follows:

1952.357 Changes to approved plans.

(a) The Voluntary Protection Program. On December 30, 1993, the Assistant Secretary approved Arizona's plan supplement, which is generally identical to the Federal Voluntary Protection Programs with the exception that the State's VPP is limited to the Star Program in general industry, excludes the Merit and Demonstration Programs and excludes the construction industry.

4. Subpart FF - Puerto Rico is amended by adding 1952.385 to read as follows:

1952.385 Changes to approved plans.

(a) The Voluntary Protection Programs. On December 30, 1993, the Assistant Secretary approved Puerto Rico's plan supplement, which is generally identical to the Federal Voluntary Protection Program with the exception of changes to reflect different structure and exclusion of the Demonstration Program.

[FR Doc. 94-837 Filed 1-13-94; 8:45 am]

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