Federal Registers - Table of Contents Federal Registers - Table of Contents
• Publication Date: 03/04/1994
• Publication Type: Notice
• Fed Register #: 59:10433-10434
• Title: Oregon State Standards; Approval

Oregon State Standards; Approval

1. Background

Part 1953 of title 29, Code of Federal Regulations, prescribes procedures under section 18 of the Occupational Safety and Health Act of 1970 (hereinafter called the Act) by which the Regional Administrator for Occupational Safety and Health (hereinafter called Regional Administrator) under a delegation of authority from the Assistant Secretary of Labor for Occupational Safety and Health (29 CFR 1953.4) will review and approve standards promulgated pursuant to a State plan which has been approved in accordance with section 18(c) of the Act and 29 CFR part 1902. On December 28, 1972, notice was published in the Federal Register (37 FR 28628) of the approval of the Oregon plan and the adoption of subpart D to part 1952 containing the decision.

The Oregon plan provides for adoption of State standards which are at least as effective as comparable Federal standards promulgated under section 6 of the Act. Section 1953.20 provides that where any alteration in the Federal program could have an adverse impact on the at least as effective as status of the State program, a program change supplement to a State plan shall be required. The Oregon plan also provides for the adoption of Federal standards as State standards by reference.

In response to Federal standards amendments, the State has submitted by letters dated April 16, and October 16, 1992, from John A. Pompei, Administrator, to James W. Lake, Regional Administrator, and incorporated as part of the plan, State standard amendments comparable to 29 CFR 1910.1048, Formaldehyde, as published in the Federal Register (57 FR 2681) on January 23, 1992, (57 19262) on May 5, 1992, (57 FR 22290) on May 27, 1992, (57 FR 24701) on June 10, 1992, and (57 FR 27160) on June 18, 1992. The State's rules pertaining to Formaldehyde, contained in OAR 437-02-360(28), were adopted by reference on April 16, 1992, and October 13, 1992, pursuant to ORS 654.025(2), ORS 656.726(3), and ORS 183.335, as ordered and transmitted under OR-OSHA Administrative Orders 4-1992 and 12-1992. On March 24, 1991, and July 16, 1991, the State mailed the Notice of Proposed Amendment of Rules to those on the Department of Insurance and Finance Mailing list, established pursuant to OAR 431-01-000 and to those on the Department's distribution list as their interest appeared. No written requests for a public hearing were received. The State's rules pertaining to Formaldehyde, contained in OAR 437-02-360(28), were originally adopted by reference and approved in the Federal Register on January 13, 1989 (54 FR 1461), with other amendments approved on April 26, 1991 (56 FR 19382).

By letter dated January 6, 1993, from John A. Pompei, Administrator, to James W. Lake, Regional Administrator, and incorporated as part of the plan, the State on its own initiative submitted a repeal of OAR 437-02-370, and adopted by reference 1910.1025(e)(1), table 1, Lead Implementation Schedule. The State standard was adopted and became effective on December 7, 1992, pursuant to ORS 654.025(2), ORS 656.726(3), and ORS 183.335, as ordered and transmitted under OR-OSHA Administrative Order 14-1992. The State's Lead standard was originally approved in the Federal Register (54 FR 38300) on September 15, 1989. The change became necessary when on July 19, 1991, the U.S. Court of Appeals for the District of Columbia lifted the judicial stays of the Lead standard for all industries, except brass and bronze ingot production.

On its own initiative, the State has submitted by letter dated October 19, 1993, from John A. Pompei, Administrator, to James W. Lake, Regional Administrator, and incorporated as part of the plan, a revision to State rules comparable to 29 CFR 1910.134, Respiratory Protection, as published in the Federal Register (39 FR 23671) on June 27, 1974. The State's original adoption of Respiratory Protection was promulgated as OAR 437, Chapter 22-69, and received Federal Register approval at 40 FR 50583 on October 30, 1975. The State's standard was subsequently recodified as OAR 437, Division 129, with Federal Register approval at 52 FR 27026 on July 17, 1987. The State has repealed OAR 437, Division 129, in its entirety, and has incorporated 29 CFR 1910.134, Respiratory Protection, by reference as OAR 437-02-1910.134. The State's readoption by reference also deleted General and Special Industry Safety and Health Standards, Revocation, as published in the Federal Register (43 FR 49748) on October 24, 1978, and Revocation of Advisory and Repetitive Standards as published in the Federal Register (49 FR 5322) on February 10, 1984. The State has also adopted one State-initiated rule at OAR 437-02-133 on air quality in respirators in lieu of 29 CFR 1910.134(d)(1), which updates the Compressed Gas Association Commodity Specification from G-7.1-1966 (as in the Federal rule) to G-7.1-1989. During the early period of Oregon's program, the State elected not to adopt by reference standards comparable to 29 CFR 1910.137, Electrical Protective Devices, 1910.138, Effective Dates, 1910.139, Sources of Standards, and 1910.140, Standards Organizations. (These standards are at the end of 29 CFR 1910 subpart I, Personal Protective Equipment.) With this notice the State has chosen to do so, at OAR 437-02, Subdivision I. On March 22, 1993, the Notice of Proposed Revision of Rules was mailed to those on the Department of Insurance and Finance mailing list established pursuant to OAR 436-90-505 and to those on the Department's distribution mailing list as their interest appeared. Both actions failed to elicit a request for hearing; however, two written comments were received which recommended that the State retain its more specific language in some areas of the standard. The State's revision was adopted on July 29, 1993, with an effective date of September 15, 1993, through OR-OSHA Administrative Order 9-1993.

The State submitted by letter dated October 19, 1993, from John A. Pompei, Administrator, to James W. Lake, Regional Administrator, and incorporated as part of the plan, a State standards revision comparable to 29 CFR 1910.133, Eye and Face Protection, as published in the Federal Register (39 FR 23670) on June 27, 1974. The Oregon Eye and Face Protection Standard is contained in OAR 437-02-1910.133. The State's original standard was adopted as OAR 437 chapter 7, section 3, rules 5 through 12 on March 19, 1974, and received Federal Register approval (39 FR 38036) on October 25, 1974. The State standard was subsequently recodified without change as OAR 437 Division 50-025 and received Federal Register approval (52 FR 27077) on July 17, 1987. OAR 437, Division 50 has been repealed in its entirety. On March 22, 1993, the Notice of Proposed Revision of Rules was mailed to those on the Department of Insurance and Finance mailing list established pursuant to OAR 436-90-505 and to those on the Department's distribution mailing list as their interest appeared. Both actions failed to elicit a request for hearing; however, two written comments were received which recommended that the State retain its more specific language in some areas of the standard. The State's revision was adopted on July 29, 1993, with an effective date of September 15, 1993, through OR-OSHA Administrative Order 9-1993. The State has retained one State-initiated standard requiring eye protection for employees exposed to laser beams which was previously approved by OSHA. The renumbering changes for the State-initiated rule are as follows: Originally adopted as OAR 437-7-3-2, recodified as OAR 437-50-025(12), and readopted as OAR 437-02-130(2). The State's more stringent rule received Federal Register approval (39 FR 38036) on October 25, 1974 as part of Oregon's response to Federal OSHA's 29 CFR 1910.133, Eye and Face Protection, as published in the Federal Register (39 FR 23670) on June 27, 1974. The State has also retained a minor State-initiated rule at OAR 437-02-130(1), previously OAR 437-50-025(3), which requires eye and face protection equipment to be designed and used in accordance with ANSI Z87.1-1989.

2. Decision

Having reviewed the State submissions in comparison with the Federal standards, amendments and corrections, it has been determined that the State standard amendments for Formaldehyde, Lead, and Personal Protective Equipment are identical to the Federal standards. OSHA therefore approves these amendments. OSHA has also determined that the Respiratory Protection amendments are at least as effective as the comparable Federal amendments, as required by section 18(c)(2) of the Act. In addition, OSHA has determined that the differences between the State and Federal Respiratory Protection amendments are minimal and that the standards are thus substantially identical. OSHA therefore approves these amendments; however, the right to reconsider this approval is reserved should substantial objection be submitted to the Assistant Secretary.

Regarding the Eye and Face Protection amendments, OSHA has determined that these amendments are at least as effective as the comparable Federal amendments, as required by section 18(c)(2) of the Act. With the adoption by reference of 1910.133, the State's standard is now identical to the Federal, except for the retention of two State-initiated rules. One of these rules was approved in the Federal Register in 1974, and the other rule is minor. OSHA therefore approves the standard; however, the right to reconsider this approval is reserved should substantial objections be submitted to the Assistant Secretary.

3. Location of Supplement for Inspection and Copying

A copy of the standards supplement, along with the approved plan, may be inspected and copied during normal business hours at the following locations: Office of the Regional Administrator, Occupational Safety and Health Administration, 1111 Third Avenue, suite 715, Seattle, Washington 98101-3212; Oregon Occupational Safety and Health Division, Department of Consumer and Business Services, Salem, Oregon 97310; and the Office of State Programs, Occupational Safety and Health Administration, room N-3476, 200 Constitution Avenue, NW., Washington, DC 20210.

4. Public Participation Under 29 CFR 1953.2(c), the Assistant Secretary may prescribe alternative procedures to expedite the review process or for other good cause which may be consistent with applicable laws. The Assistant Secretary finds that good cause exists for not publishing the supplement to the Oregon State Plan as a proposed change and making the Regional Administrator's approval effective upon publication for the following reasons:

1. The standard amendment is as effective as the Federal standard which was promulgated in accordance with the Federal law including meeting requirements for public participation.

2. The standard amendment was adopted in accordance with the procedural requirements of State law and further public participation would be repetitious.

This decision is effective March 4, 1994.

Authority: Sec. 18, Public Law 91-596, 84 Stat. 1608 [29 U.S.C. 667].

Signed at Seattle, Washington, this 29th day of December 1993.

Richard S. Terrill,
Deputy Regional Administrator.

[FR Doc. 94-5010 Filed 3-3-94; 8:45 am]


Federal Registers - Table of Contents Federal Registers - Table of Contents