81 FR 67012 - Tennessee State Plan; Change in Level of Federal Enforcement: Marine Construction

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 81, Issue 189 (September 29, 2016)

This document gives notice of OSHA's approval of a change to the state of Tennessee's occupational safety and health State Plan to include marine construction in its State Plan. Marine construction was previously exempted from the State Plan by the Tennessee Occupational Safety and Health Act of 1972. Therefore, OSHA amends the Tennessee State Plan's coverage to reflect this change in the level of federal enforcement.

[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Notices]
[Pages 67012-67013]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23582]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2016-0023]


Tennessee State Plan; Change in Level of Federal Enforcement: 
Marine Construction

AGENCY: Occupational Safety and Health Administration (OSHA).

ACTION: Notice.

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SUMMARY: This document gives notice of OSHA's approval of a change to 
the state of Tennessee's occupational safety and health State Plan to 
include marine construction in its State Plan. Marine construction was 
previously exempted from the State Plan by the Tennessee Occupational 
Safety and Health Act of 1972. Therefore, OSHA amends the Tennessee 
State Plan's coverage to reflect this change in the level of federal 
enforcement.

DATES: Effective Date: September 29, 2016.

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

SUPPLEMENTARY INFORMATION: Section 18 of the Occupational Safety and 
Health Act of 1970, 29 U.S.C. 667 (OSH Act), provides that states that 
wish to assume responsibility for developing and enforcing their own 
occupational safety and health standards may do so by submitting and 
obtaining federal approval of a State Plan. State Plan approval occurs 
in stages that include initial approval under Section 18(c) of the Act 
and, ultimately, final approval under Section 18(e).
    The Tennessee State Plan was initially approved under Section 18(c) 
of the OSH Act and 29 CFR part 1902 on July 5, 1973. The Tennessee 
State Plan is administered by the Tennessee Department of Labor and 
Workforce Development, Division of Occupational Safety and Health 
(TOSHA). On July 22, 1985, OSHA announced the final approval of the 
Tennessee State Plan pursuant to Section 18(e) and amended Subpart P of 
29 CFR part 1952 to reflect the Assistant Secretary's decision (50 FR 
29659-01). As a result, OSHA relinquished its concurrent standards and 
enforcement authority with regard to occupational safety and health 
issues covered by the Tennessee State Plan.
    OSHA retained its authority over safety and health in private 
sector maritime employment; federal government employers and workers; 
the U.S. Postal Service (USPS), including USPS employees and contract 
employees at contractor-operated facilities engaged in USPS mail 
operations; railroad employment; employment at Tennessee Valley 
Authority facilities; and on military bases.
    Under the Tennessee Occupational Safety and Health Act of 1972, 
workers protected by the Longshore and Harbor

[[Page 67013]]

Workers' Compensation Act (33 U.S.C. 901 et seq.) were exempt from 
coverage by the Tennessee State Plan (T.C.A. Sec.  50-3-104(6) (2014)). 
That included workers who were engaged in marine construction. However, 
Tennessee subsequently removed this prohibition from the statute (2015 
Tenn. Pub. Acts, c. 23, Sec.  1). Now, TOSHA is requesting that its 
coverage be modified to include coverage over marine construction. 
TOSHA has in place standards for construction (TN ADC 0800-01-06-.02 
adopts OSHA's construction standards in 29 CFR 1926 with minor 
exceptions not relevant here), including for marine operations and 
equipment (29 CFR 1926.605). OSHA is transferring coverage over marine 
construction to the Tennessee State Plan. Accordingly, notice is hereby 
given of the change in State Plan authority over marine construction, 
and coverage is transferred to the Tennessee State Plan.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, 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 (77 FR 3912), and 29 CFR 
parts 1902 and 1953.

    Signed at Washington, DC, on September 26, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-23582 Filed 9-28-16; 8:45 am]
 BILLING CODE 4510-29-P