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)

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, 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