82 FR 45316 - Hawaii State Plan for Occupational Safety and Health; Operational Status Agreement

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 82, Issue 187 (September 28, 2017)

Page Range		45316-45317
FR Document		2017-20760

This document announces a new Operational Status Agreement between the Occupational Safety and Health Administration (OSHA) and the Hawaii State Plan. This agreement specifies the respective areas of federal and state authority, and under which Hawaii will reassume enforcement coverage in the private sector.

Federal Register, Volume 82 Issue 187 (Thursday, September 28, 2017)

[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Notices]
[Pages 45316-45317]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20760]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket ID OSHA-2012-0029]


Hawaii State Plan for Occupational Safety and Health; 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 Hawaii State Plan. This agreement specifies the respective areas of 
federal and state authority, and under which Hawaii will reassume 
enforcement coverage in the private sector.

DATES: Effective September 28, 2017.

FOR FURTHER INFORMATION CONTACT: For press inquiries: Francis 
Meilinger, OSHA Office of Communications; telephone (202) 693-1999; 
email: [email protected].
    For general and technical information: Douglas J. Kalinowski, 
Director, OSHA Directorate of Cooperative and State Programs; 
telephone: (202) 693-2200; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Hawaii administers an OSHA-approved State Plan to develop and 
enforce occupational safety and health standards for public-sector and 
private-sector employers, pursuant to the provisions of Section 18 of 
the Occupational Safety and Health Act (OSH Act), 29 U.S.C. 667. 
Pursuant to Section 18(e) of the Act, OSHA granted Hawaii ``final 
approval'' in 1984 (49 FR 19182, May 4, 1984). A final approval 
determination results in the relinquishment of federal concurrent 
enforcement authority in the state with respect to occupational safety 
and health issues covered by the plan, 29 U.S.C. 667(e).
    During the period 2009-2012, the Hawaii State Plan faced major 
budgetary and staffing restraints that significantly affected its 
program. Therefore, the Hawaii Director of Labor and Industrial 
Relations requested a temporary modification of the State Plan's 
approval status from final approval to initial approval, to permit 
exercise of supplemental federal enforcement activity and to allow 
Hawaii sufficient time and assistance to strengthen its State Plan. On 
September 21, 2012, OSHA published a Final Rule in the Federal Register 
(77 FR 58488) that modified the Hawaii State Plan's ``final approval'' 
determination under Section 18(e) of the Act, transitioned the Plan to 
``initial approval'' status under Section 18(b) of the Act, and 
reinstated concurrent federal enforcement authority over occupational 
safety and health issues in the private sector. That Federal Register 
notice also provided notice of the Operational Status Agreement (OSA) 
between OSHA and the Hawaii Occupational Safety and Health Division 
(HIOSH), which specified the respective areas of federal and state 
authority.
    HIOSH and OSHA have since worked together to strengthen the State 
Plan, and HIOSH has achieved the milestones established to resume 
practically all private-sector enforcement authority.

Notice of New Operational Status Agreement

    OSHA and HIOSH signed a new OSA on April 13, 2017, which replaced 
the prior 2012 OSA. Federal OSHA and HIOSH will exercise their 
respective enforcement authorities according to the terms of the 2017 
OSA between OSHA and HIOSH, which specifies the respective areas of 
federal and state authority. Among other things, Federal OSHA retains 
coverage over all federal employees, contractors, and subcontractors at 
Hawaii National Parks and on any other federal establishment where the 
land is determined to be under exclusive federal jurisdiction; private-
sector maritime activities; private-sector employees within the secured 
borders of all military installations where access is controlled; the 
U.S. Postal Service, its contract workers, and contractor-operated 
facilities; and the enforcement of Section 11(c) of the Act, 29 U.S.C. 
660(c), the Act's whistleblower provision. The Hawaii State Plan 
retains coverage over all state and local government employers and 
regains coverage over all private-sector employers not covered by 
federal OSHA, including marine construction not performed on vessels or 
other floating facilities. For further information please visit http://www.osha.gov/dcsp/osp/stateprogs/hawaii.html.

Authority and Signature

    Loren Sweatt, Deputy 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),

[[Page 45317]]

Secretary of Labor's Order No. 1-2012 (76 FR 3912), and 29 CFR part 
1902.

    Signed in Washington, DC, on September 21, 2017.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-20760 Filed 9-27-17; 8:45 am]
 BILLING CODE 4510-26-P

Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Notices 45317

Secretary of Labor’s Order No. 1–2012 docket number (OSHA–2011–0062) for unnecessary duplication of efforts in
(76 FR 3912), and 29 CFR part 1902. the Information Collection Request obtaining information (29 U.S.C. 657).
Signed in Washington, DC, on September (ICR). All comments, including any Paragraph (a)(4) of the Powered
21, 2017. personal information you provide, are Industrial Trucks Standard requires
Loren Sweatt, placed in the public docket without employers to obtain the manufacturer’s
Deputy Assistant Secretary of Labor for change, and may be made available written approval before modifying a
Occupational Safety and Health. online at http://www.regulations.gov. truck in a manner that affects its
[FR Doc. 2017–20760 Filed 9–27–17; 8:45 am] For further information on submitting capacity and safe operation; if the
comments, see the ‘‘Public manufacturer grants such approval, the
BILLING CODE 4510–26–P
Participation’’ heading in the section of employer must revise capacity,
this notice titled SUPPLEMENTARY operation, and maintenance instruction
DEPARTMENT OF LABOR INFORMATION. plates, tags, and decals accordingly. For
Docket: To read or download front-end attachments not installed by
Occupational Safety and Health comments or other material in the the manufacturer, paragraph (a)(5)
Administration docket, go to http://www.regulations.gov mandates that employers provide a
marker on the trucks that identifies the
[Docket No. OSHA–2011–0062] or the OSHA Docket Office at the
attachment, as well as the weight of
address above. All documents in the
Powered Industrial Trucks Standard; both the truck and the attachment when
docket (including this Federal Register
Extension of the Office of Management the attachment is at maximum elevation
notice) are listed in the http://
and Budget’s (OMB) Approval of with a laterally centered load. Paragraph
www.regulations.gov index; however,
Information Collection (Paperwork) (a)(6) specifies that employers must
some information (e.g., copyrighted
Requirements ensure that the markers required by
material) is not publicly available to
paragraphs (a)(3) through (a)(5) remain
AGENCY: Occupational Safety and Health read or download from the Web site. All
affixed to the trucks and are legible.
Administration (OSHA), Labor. submissions, including copyrighted Paragraphs (1)(4) and (1)(6) of the
material, are available for inspection Standard contain the paperwork
ACTION: Request for public comments.
and copying at the OSHA Docket Office. requirements necessary to certify the
SUMMARY: OSHA solicits public You may also contact Theda Kenney at evaluation and training provided to
comments concerning its proposal to the address below to obtain a copy of powered industrial truck operators.
extend the Office of Management and the ICR. Accordingly, these paragraphs specify
Budget’s (OMB) approval of the FOR FURTHER INFORMATION CONTACT: the following requirements for
information collection requirements Theda Kenney or Todd Owen, employers.
specified in the Powered Industrial Directorate of Standards and Guidance, • Paragraph (1)(4)(iii)—Evaluate each
Trucks Standard. The information OSHA, U.S. Department of Labor; operator’s performance at least once
collection requirements address truck telephone (202) 693–2222. every three years.
design, construction and modification, • Paragraph (l)(6)—Certify that each
as well as certification of training and SUPPLEMENTARY INFORMATION: operator meets the training and
evaluation for truck operators. I. Background evaluation requirements specified by
DATES: Comments must be submitted paragraph (l). This certification must
(postmarked, sent, or received) by The Department of Labor, as part of its include the operator’s name, the
November 27, 2017. continuing effort to reduce paperwork training date, the evaluation date, and
ADDRESSES: and respondent (i.e., employer) burden, the identity of the individual(s) who
Electronically: You may submit conducts a preclearance consultation performed the training and evaluation.
comments and attachments program to provide the public with an Requiring labels (markings) on
electronically at http:// opportunity to comment on proposed modified equipment notifies workers of
www.regulations.gov, which is the and continuing information collection the conditions under which they can
Federal eRulemaking Portal. Follow the requirements in accord with the safely operate powered industrial
instructions online for submitting Paperwork Reduction Act of 1995 (PRA) trucks, thereby preventing such hazards
comments. (44 U.S.C. 3506(c)(2)(A)). This program as fires and explosions caused by poorly
Facsimile: If your comments, ensures that information is in the designed electrical systems, rollovers/
including attachments, are not longer desired format, reporting burden (time tipovers that result from exceeding a
than 10 pages you may fax them to the and costs) is minimal, collection truck’s stability characteristics, and
OSHA Docket Office at (202) 693–1648. instruments are clearly understood, and falling loads that occur when loads
Mail, hand delivery, express mail, OSHA’s estimate of the information exceed the lifting capacities of
messenger, or courier service: When collection burden is accurate. The attachments. Certification of worker
using this method, you must submit a Occupational Safety and Health Act of training and evaluation provides a
copy of your comments and attachments 1970 (the OSH Act) (29 U.S.C. 651 et means of informing employers that their
to the OSHA Docket Office, Docket No. seq.) authorizes information collection workers received the training and
OSHA–2011–0062, Occupational Safety by employers as necessary or demonstrated the performance
and Health Administration, U.S. appropriate for enforcement of the OSH necessary to operate a truck within its
Department of Labor, Room N–3653, Act or for developing information capacity and control limitations. By
200 Constitution Avenue NW., regarding the causes and prevention of ensuring that workers operate only
Washington, DC 20210. Deliveries occupational injuries, illnesses, and trucks that are in proper working order,
(hand, express mail, messenger, and accidents (29 U.S.C. 657). The OSH Act and do so safely, employers prevent
courier service) are accepted during the also requires that OSHA obtain such possible severe injury or death of truck
Docket Office’s normal business hours, information with minimum burden operators and other workers who are in
10:00 a.m. to 3:00 p.m., ET. upon employers, especially those the vicinity of the trucks. Finally, these
Instructions: All submissions must operating small businesses, and to paperwork requirements are the most
include the Agency name and the OSHA reduce to the maximum extent feasible efficient means for an OSHA

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Document Created: 2017-09-28 01:32:45
Document Modified: 2017-09-28 01:32:45

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Effective September 28, 2017.
Contact		For press inquiries: Francis Meilinger, OSHA Office of Communications; telephone (202) 693-1999; email: [email protected]
FR Citation		82 FR 45316

82 FR 45316 - Hawaii State Plan for Occupational Safety and Health; Operational Status Agreement

DEPARTMENT OF LABOROccupational Safety and Health Administration

Federal Register Volume 82, Issue 187 (September 28, 2017)

DEPARTMENT OF LABOR
Occupational Safety and Health Administration