82 FR 25631 - California State Plan; New Operational Status Agreement

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 82, Issue 105 (June 2, 2017)

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.

[Federal Register Volume 82, Number 105 (Friday, June 2, 2017)]
[Notices]
[Pages 25631-25632]
From the Federal Register Online  [www.thefederalregister.org]
[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: 
[email protected].
    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: 
[email protected].

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

[[Page 25632]]

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]
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