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Federal Registers - Table of Contents
• Publication Date: 06/02/2017
• Publication Type: Notice
• Fed Register #: 82:25631-25632
• Standard Number: 1902; 1953
• Title: California State Plan; New Operational Status Agreement


  [Federal Register Volume 82, Number 105 (Friday, June 2, 2017)]
  [Notices]
  [Pages 25631-25632]
  From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
  [FR Doc No: 2017-11422]


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  DEPARTMENT OF LABOR

  Occupational Safety and Health Administration

  [Docket No. OSHA-2017-0008]


  California State Plan; New Operational Status Agreement

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

  ACTION: Notice.

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  SUMMARY: This document announces a new Operational Status Agreement
  between the Occupational Safety and Health Administration (OSHA) and
  the California State Plan, which specifies the respective areas of
  federal and state authority, and which clarifies California's coverage
  over maritime employment and OSHA's coverage over private employers on
  military installations and federal parks, and under which OSHA gains
  coverage over private and tribal employers on U.S. Government-
  recognized Native American reservations and trust lands.

  DATES: Effective June 2, 2017.

  FOR FURTHER INFORMATION CONTACT:
      For press inquiries: Francis Meilinger, OSHA Office of
  Communications, Room N-3647, U.S. Department of Labor, 200 Constitution
  Avenue NW., Washington, DC 20210; telephone (202) 693-1999; email:
  meilinger.francis2@dol.gov.
      For general and technical information: Douglas J. Kalinowski,
  Director, OSHA Directorate of Cooperative and State Programs, Room N-
  3700, U.S. Department of Labor, 200 Constitution Avenue NW.,
  Washington, DC 20210; telephone: (202) 693-2200; email:
  kalinowski.doug@dol.gov.

  SUPPLEMENTARY INFORMATION: The California State Plan (Cal/OSHA)
  administers an OSHA-approved State Plan to develop and enforce
  occupational safety and health standards for private-sector and state
  and local government employers pursuant to the provisions of section 18
  of the Occupational Safety and Health

  Act (the Act), 29 U.S.C. 667. The California State Plan received
  initial federal OSHA plan approval on May 1, 1973 (38 FR 10719) and the
  Division of Occupational Safety and Health of the California Department
  of Industrial Relations is designated as the state agency responsible
  for administering the State Plan. On October 3, 1989, an Operational
  Status Agreement was entered into between OSHA and Cal/OSHA whereby
  concurrent federal enforcement authority was suspended with regard to
  federal occupational safety and health standards in issues covered by
  the State Plan. Federal OSHA retained its authority over occupational
  safety and health with regard to federal government employers and
  employees, and employees of the U.S. Postal Service (effective June 9,
  2000). OSHA also retained its authority over private-sector maritime
  employment on the navigable waters of the United States; private-sector
  contractors on federal installations; whistleblower complaints under
  Section 11(c) of the Act; emergency temporary standards; and employers
  manufacturing explosives for the U.S. Department of Defense. Notice of
  this OSA was published in the Federal Register on July 12, 1990 (55 FR
  28613), and there were subsequent minor amendments to the OSA. That
  1990 Federal Register Notice contained a full history of the California
  State Plan.

  Notice of New Operational Status Agreement

      OSHA and Cal/OSHA signed a new OSA on April 30, 2014, which
  replaced the prior 1989 OSA. This new OSA clarified that concurrent
  federal enforcement authority would not be initiated with regard to any
  federal occupational safety and health standards in issues covered by
  the State Plan. Under the 2014 OSA, Federal OSHA retained coverage over
  all Federal employees and sites (including the United States Postal
  Service (USPS), USPS contract employees, and contractor-operated
  facilities engaged in USPS mail operations). The OSA also clarified
  that federal OSHA has enforcement authority over private-sector
  employers within the borders of all military installations and within
  U.S. National Parks, National Monuments, National Memorials, and
  National Recreational Areas in California. Further, OSHA gained
  enforcement authority over private-sector and tribal employers within
  U.S. Government-recognized Native American reservations and trust
  lands. Under the 2014 OSA, Federal OSHA retained authority over
  maritime employment (except marine construction on bridges and on
  shore) on the navigable waters of the United States and over
  whistleblower complaints under Section 11(c) of the Act. The 2014 OSA
  also did not contain the language from the 1989 OSA about specific
  elements of the Cal/OSHA program that had achieved operational status.
      Federal OSHA and Cal/OSHA will exercise their respective
  enforcement authority according to the terms of the 2014 OSA between
  OSHA and Cal/OSHA. All terms of the 2014 OSA remain in effect.
  Additional information about this OSA is available at https://www.osha.gov/dcsp/osp/stateprogs/california.html.

  Authority and Signature

      Dorothy Dougherty, 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 (76 FR
  3912), and 29 CFR part 1902 and 1953

      Signed in Washington, DC, on May 25, 2017.
  Dorothy Dougherty,
  Assistant Secretary of Labor for Occupational Safety and Health.
  [FR Doc. 2017-11422 Filed 6-1-17; 8:45 am]
  BILLING CODE 4510-26-P




Federal Registers - Table of Contents

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