[Federal Register Volume 59, Number 60 (Tuesday, March 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7256]


[[Page Unknown]]

[Federal Register: March 29, 1994]


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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.

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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:

----------------------------------------------------------------------------------------------------------------
                                                                                                  Implementation
          State                           Statutory citation No.                  Effective date       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................  MIOSHAct 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 Sec. 1952.97 to 
read as follows:


Sec. 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: Sec. 1952.105 is amended by adding paragraph 
(e) to read as follows:


Sec. 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: Sec. 1952.117 is amended by adding paragraph 
(a)(3) to read as follows:


Sec. 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: Sec. 1952.125 is amended by adding 
paragraph (c) to read as follows:


Sec. 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 Sec. 1952.157 to 
read as follows:


Sec. 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 Sec. 1952.167 to read as 
follows:


Sec. 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: Sec. 1952.175 is amended by adding 
paragraph (i) to read as follows:


Sec. 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 Sec. 1952.207 to read 
as follows:


Sec. 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 Sec. 1952.217 to read 
as follows:


Sec. 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 Sec. 1952.227 to 
read as follows:


Sec. 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 Sec. 1952.237 to read 
as follows:


Sec. 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: Sec. 1952.246 is amended by adding paragraph 
(b) to read as follows:


Sec. 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 Sec. 1952.256 
to read as follows:


Sec. 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 Sec. 1952.265 to read 
as follows:


Sec. 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 Sec. 1952.275 to read 
as follows:


Sec. 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 Sec. 1952.297 to read 
as follows:


Sec. 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 Sec. 1952.316 to read 
as follows:


Sec. 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 Sec. 1952.327 to read 
as follows:


Sec. 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: Sec. 1952.347 is amended by adding 
paragraph (a)(2) to read as follows:


Sec. 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 Sec. 1952.357 to read 
as follows:


Sec. 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 Sec. 1952.365 to 
read as follows:


Sec. 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: Sec. 1952.377 is amended by adding 
paragraph (b) to read as follows:


Sec. 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, Sec. 1952.385 is amended by adding 
paragraph (b) to read as follows:


Sec. 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]
BILLING CODE 4510-26-M