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• Publication Date: 03/29/1994
• Publication Type: Final Rules
• Fed Register #: 59:14554-14556
• Title: Approval of State Plan Supplements

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1952

Approval of State Plan Supplements

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

ACTION: Final rule; Approval of State plan supplements.

SUMMARY: Section 18 of the Occupational Safety and Health Act of 1970 (the Act) requires States operating approved State occupational safety health programs to remain at least as effective as the Federal Occupational Safety and Health Administration's (OSHA) program. The Omnibus Budget Reconciliation Act of 1990, which was enacted on November 5, 1990, amended section 17 of the Act to provide for increased penalty levels for violations of the Act. (The revised penalty levels were implemented on March 1, 1991). As a result of this amendment to the Act. 29 CFR 1953.23 requires State plan States to effect the necessary statutory changes to their own occupational safety and health legislation to adopt new State penalty authority equivalent to the Federal seven-fold penalty increase. This document approves the adoption by 23 State plans of their own statutory authority equivalent to Federal OSHA's seven-fold penalty increase.

EFFECTIVE DATE: March 29, 1994.

FOR FURTHER INFORMATION CONTACT: James Foster, Director, Office of Information and Consumer Affairs, Occupational Safety and Health Administration, U.S. Department of Labor, room N-3637, 200 Constitution Avenue, NW., Washington, DC 20210, (202) 219-8184.

SUPPLEMENTARY INFORMATION:

A. Background

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

An amendment to section 17 of the Occupational Safety and Health Act providing for increased penalty levels for violations of the Act, was signed into law on November 5, 1990. Omnibus Budget Reconciliation Act of 1990, Public Law 101-552 section 3101 (1190). (The revised levels were implemented Federally on March 1, 1991.) As a result of this amendment to the Act, 29 CFR 1953.23 and OSHA Instruction STP 2-1.163, dated May 13, 1991, Revised Federal Penalty Levels, State plan States were required to effect the necessary statutory changes to their occupational safety and health legislation to reflect the new Federal penalty maximums of $7,000 for serious, other-than-serious, failure to abate, and posting violations, and $70,000 for willful and repeat violations; as well as the $5,000 floor for willful violations.

Twenty-three State plan States have revised their legislation to substantially reflect OSHA's new penalty system. Oregon's revised legislation includes all provisions, except, through a legislative drafting error, revision of the penalty for posting violations. Legislation to correct this omission will be introduced during the State's 1995 legislative session.

Therefore, this approval action does not extend to Oregon's posting violation penalty authority. The twenty-three States are:

State Statutory
Citation No
Effective
date
Implementation
date
Alaska AS Section 18.60.095 09/20/92 09/20/92
Arizona Labor Code Sec. R-13-602 09/28/92 09/29/92
California Title 8, LC Sec. 6317-6434 10/05/91 06/01/92
Hawaii HRS 396-10 06/01/92 06/01/92
Indiana INOSHAct25.IC22-8-1.1-27.1 10/01/91 10/01/91
Iowa IOSHAct CH88.14 04/17/92 04/17/92
Kentucky Labor Laws 338.991 07/15/92 07/15/92
Maryland MDOSH Law 5-810 01/01/92 01/22/92
Michigan MIOSH Act 408.035 04/01/92 04/01/92
Minnesota MNOSH 182.666 08/01/91 10/01/91
Nevada NRS618.635-618.675 07/05/91 07/05/91
New Mexico NM OHSAct Sec. 50-9-24 07/01/92 07/01/92
N. Carolina Gen.Stat.95-138 01/01/92 01/01/92
Oregon ORS Sec. 654.086 09/29/91 10/01/92
Puerto Rico PROSHAct No. 16-Sec. 25 08/25/91 09/01/91
S. Carolina Code of Laws 41-15-320 04/24/91 10/01/91
Tennessee Codes Annotated 50-3-402 07/01/91 07/01/91
Utah CH9, UOSH Act 35-9-21 04/29/91 04/29/91
Vermont VTOSHAct,Title 21,CH3,Sec. 210 05/03/91 07/01/91
Virgin Is VIAct,No.5819 Title 24, Sec.44 10/20/92 10/20/92
Virginia VA Code 5-810 07/01/92 07/01/92
Washington RCW Sec. 49.17.180 07/28/91 03/16/92
Wyoming WYOSHAct 27-11-107 03/19/92 03/19/92

Under current law, State plan States may, but are not required to, have comparable monetary penalty provisions for their public (State and local government) sector programs. Two public employee only plan States (New York and Connecticut) have chosen not to incorporate the new higher penalty system into their occupational safety and health programs. Connecticut will continue to assess penalties for public sector violations at the lower levels. New York assesses penalties for failure to abate violations only and will continue to do so.

B. Issues for Determination

Having reviewed the States' plan change supplements in comparison to the Federal change, it has been determined that the States' supplemental changes to their respective statutes are identical to the comparable Federal legislative amendments and, accordingly, should be approved.

C. 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 other good cause which may be consistent with applicable laws for the following reasons:

1. The States' legislative changes are substantially equivalent to Federal statutory changes which were enacted by Congress on November 5, 1990.

2. The States' plan changes were adopted in accordance with the procedural requirements of State law and, therefore, no further public comment is required.

Authority: Sec. 18, 84 Stat. 1608 (29 U.S.C. 667): 29 CFR part 1902, Secretary of Labor's Order No. 1-90 (55 FR 9033).

Signed the 15th day of March, 1994, in Washington, DC.

Joseph A. Dear,
Assistant Secretary.

PART 1952 - [AMENDED]

Accordingly, for the reasons set forth in the preamble, 29 CFR Part 1952 (sections C through F, I through K, N through U, W, Y, Z, BB through FF) is hereby amended as follows:

1. The authority citation for part 1952 for the States mentioned below continues to read as follows:

Authority: Secs. 8,18, Occupational Safety and Health Act of 1970 (29 U.S.C. 657, 667); Secretary of Labor's Order No. 1-90 (55 FR 9033), 8-76 (41 FR 25059), or 9-83 (48 FR 35736), as applicable.

2. Subpart C, South Carolina, is amended by adding 1952.97 to read as follows:

1952.97 Changes to approved plans.

(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved South Carolina's revised statutory penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as amended on November 5, 1990.

3. Subpart D, Oregon: 1952.105 is amended by adding paragraph (e) to read as follows:

1952.105 Changes to approved plans. * * * * *

(e) Legislation. (1) On March 29, 1994, the Acting Assistant Secretary approved Oregon's revised statutory penalty levels as enacted subject to further action by the State in 1995 to correct the State's omission of revisions of the penalty for posting violations. Aside from posting penalties, Oregon's revised penalty levels are the same as the revised Federal penalty levels contained in section 17 of the Act as amended on November 5, 1990.

4. Subpart E, Utah: 1952.117 is amended by adding paragraph (a)(3) to read as follows:

1952.117 Changes to approved plans. * * * * *

(a) Legislation. * * * (3) On March 29, 1994, the Assistant Secretary approved Utah's revised statutory penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as amended on November 5, 1990.

* * * * *

5. Subpart F, Washington: 1952.125 is amended by adding paragraph (c) to read as follows:

1952.125 Changes to approved plans. * * * * *

(c) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Washington's revised statutory penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as amended on November 5, 1990.

6. Subpart I, North Carolina, is amended by adding 1952.157 to read as follows:

1952.157 Changes to approved plans.

(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved North Carolina's revised statutory penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as amended on November 5, 1990.

7. Subpart J, Iowa, is amended by adding 1952.167 to read as follows:

1952.167 Changes to approved plans.

(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Iowa's revised statutory penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as amended on November 5, 1990.

8. Subpart K, California: 1952.175 is amended by adding paragraph (i) to read as follows: 1952.175 Changes to approved plans.

* * * * *

(i) Legislation. (1) On March 29, 1994, the Assistant Secretary approved California's revised statutory penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as amended on November 5, 1990.

9. Subpart N, Minnesota, is amended by adding 1952.207 to read as follows:

1952.207 Changes to approved plans.

(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Minnesota's revised statutory penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as amended on November 5, 1990.

10. Subpart O, Maryland, is amended by adding 1952.217 to read as follows:

1952.217 Changes to approved plans.

(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Maryland's revised statutory penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as amended on November 5, 1990.

11. Subpart P, Tennessee, is amended by adding 1952.227 to read as follows:

1952.227 Changes to approved plans.

(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Tennessee's revised statutory penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as amended on November 5, 1990.

12. Subpart Q, Kentucky, is amended by adding 1952.237 to read as follows:

1952.237 Changes to approved plans.

(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Kentucky's revised statutory penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as amended on November 5, 1990.

13. Subpart R, Alaska: 1952.246 is amended by adding paragraph (b) to read as follows:

1952.246 Changes to approved plans. * * * * *

(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Alaska's revised statutory penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as amended on November 5, 1990.

14. Subpart S, Virgin Islands, is amended by adding 1952.256 to read as follows:

1952.256 Changes to approved plans.

(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Virgin Islands' revised statutory penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as amended on November 5, 1990.

15. Subpart T, Michigan, is amended by adding 1952.265 to read as follows:

1952.265 Changes to approved plans.

(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Michigan's revised statutory penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as amended on November 5, 1990.

16. Subpart U, Vermont, is amended by adding 1952.275 to read as follows:

1952.275 Changes to approved plans.

(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Vermont's revised statutory penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as amended on November 5, 1990.

17. Subpart W, Nevada, is amended by adding 1952.297 to read as follows:

1952.297 Changes to approved plans.

(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Nevada's revised statutory penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as amended on November 5, 1990.

18. Subpart Y, Hawaii, is amended by adding 1952.316 to read as follows:

1952.316 Changes to approved plans.

(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Hawaii's revised statutory penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as amended on November 5, 1990.

19. Subpart Z, Indiana, is amended by adding 1952.327 to read as follows:

1952.327 Changes to approved plans.

(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved

Indiana's revised statutory penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as amended on November 5, 1990.

20. Subpart BB, Wyoming: 1952.347 is amended by adding paragraph (a)(2) to read as follows:

1952.347 Changes to approved plans. * * * * *

(a) Legislation. * * * (2) On March 29, 1994, the Assistant Secretary approved Wyoming's revised statutory penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as amended on November 5, 1990. 21. Subpart CC, Arizona, is amended by adding 1952.357 to read as follows:

1952.357 Changes to approved plans.

(b) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Arizona's revised statutory penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as amended on November 5, 1990.

22. Subpart DD, New Mexico, is amended by adding 1952.365 to read as follows:

1952.365 Changes to approved plans.

(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved New Mexico's revised statutory penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as amended on November 5, 1990.

23. Subpart EE, Virginia: 1952.377 is amended by adding paragraph (b) to read as follows:

1952.377 Changes to approved plans. * * * * *

(b) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Virginia's revised statutory penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as amended on November 5, 1990.

24. Subpart FF, Puerto Rico, 1952.385 is amended by adding paragraph (b) to read as follows:

1952.385 Changes to approved plans. * * * * *

(b) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Puerto Rico's revised statutory penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as amended on November 5, 1990.

[FR Doc. 94-7256 Filed 3-28-94; 8:45 am]


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