82 FR 47772 - Nevada State Plan; Change in Level of Federal Enforcement: Private-Sector Employment on Military Bases
DEPARTMENT OF LABOR
Occupational Safety and Health Administration Federal Register Volume 82, Issue 197 (October 13, 2017)
Occupational Safety and Health Administration
Federal Register Volume 82, Issue 197 (October 13, 2017)
| Page Range | 47772-47772 | |
| FR Document | 2017-22175 |
[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)] [Notices] [Page 47772] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22175] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2017-0010] Nevada State Plan; Change in Level of Federal Enforcement: Private-Sector Employment on Military Bases AGENCY: Occupational Safety and Health Administration (OSHA), Department of Labor. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This document gives notice of OSHA's approval of a change to the state of Nevada's Occupational Safety and Health State Plan reinstating federal OSHA enforcement authority over private-sector employment on military facilities and bases in Nevada. The Nevada State Plan currently has coverage over some private-sector contractors on military bases. Therefore, OSHA amends the Nevada State Plan's coverage to reflect this change in the level of federal enforcement. DATES: Applicable Date: October 13, 2017. FOR FURTHER INFORMATION CONTACT: For press inquiries: Francis Meilinger, Director, 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: Section 18 of the Occupational Safety and Health Act of 1970, 29 U.S.C. 667 (OSH Act), provides that states that 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 which include initial approval under section 18(c) of the OSH Act and, ultimately, final approval under section 18(e). The Nevada State Plan was initially approved under Section 18(c) of the OSH Act on January 4, 1974 (39 FR 1009). The Nevada State Plan is administered by the Department of Business and Industry, Division of Industrial Relations, Nevada Occupational Safety and Health Administration (Nevada OSHA). On April 18, 2000, OSHA announced the final approval of the Nevada State Plan pursuant to section 18(e) and amended 29 CFR part 1952 to reflect the Assistant Secretary's decision (65 FR 20742). As a result, federal OSHA relinquished its enforcement authority with regard to occupational safety and health issues covered by the Nevada State Plan. Federal OSHA retained its authority over safety and health in the private sector over maritime employment; contract workers, and contractor-operated facilities engaged in U.S. Postal Service mail operations; contractors and subcontractors on land under exclusive federal jurisdiction; employment on Indian Land; and any hazard, industry, geographical area, operation, or facility over which the state is unable to effectively exercise jurisdiction for reasons not related to the required performance or structure of the plan. To establish military facilities, the Federal Government may privately purchase or lease land, as any other entity would, and in those cases a State Plan can cover private-sector occupational safety and health on such land. In other cases, the Federal Government may ask a State to cede the land to the Federal Government, in which case the latter obtains jurisdiction over it; however, a State may retain some jurisdiction. Thus, the determination whether the State Plan or federal OSHA covers private-sector employers on military facilities can be complicated. For example, military facilities in Nevada sometimes encompass both land where jurisdiction has been ceded and land privately owned by the Federal Government (though federal OSHA covers all federal civilian employees on military facilities). This situation has created confusion as to whether federal OSHA or the Nevada State Plan covers private-sector employers on a military facility, and is a resource-intensive inquiry. Thus, the Nevada State Plan requested on December 14, 2016, that federal OSHA resume enforcement authority over all private-sector employment on military facilities and bases. After discussions between federal OSHA and Nevada OSHA, both agencies agreed that federal coverage of all private-sector contractors on military bases was the best solution to ensure prompt and effective protection to workers on military bases in Nevada. Accordingly, notice is hereby given of the change in federal enforcement authority over private-sector contractors on military bases in Nevada, and coverage is transferred from the Nevada State Plan to federal OSHA. 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), Secretary of Labor's Order No. 1-2012 (77 FR 3912), and 29 CFR parts 1902, 1953 and 1955. Signed in Washington, DC, on October 3, 2017. Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2017-22175 Filed 10-12-17; 8:45 am] BILLING CODE 4510-26-P
![47772 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Notices
• The descriptions of the code the OSH Act and, ultimately, final that federal coverage of all private-sector
categories, including the lists of approval under section 18(e). contractors on military bases was the
inclusions and exclusions. The Nevada State Plan was initially best solution to ensure prompt and
• Alphabetical indices and other approved under Section 18(c) of the effective protection to workers on
desired tools for coding assistance. OSH Act on January 4, 1974 (39 FR military bases in Nevada.
• Any other thoughts on the coding 1009). The Nevada State Plan is Accordingly, notice is hereby given of
system. administered by the Department of the change in federal enforcement
Signed at Washington, DC, this 5th day of
Business and Industry, Division of authority over private-sector contractors
October 2017. Industrial Relations, Nevada on military bases in Nevada, and
Occupational Safety and Health coverage is transferred from the Nevada
Kimberley Hill,
Administration (Nevada OSHA). On State Plan to federal OSHA.
Chief, Division of Management Systems.
April 18, 2000, OSHA announced the
[FR Doc. 2017–22188 Filed 10–12–17; 8:45 am] final approval of the Nevada State Plan Authority and Signature
BILLING CODE 4510–24–P pursuant to section 18(e) and amended Loren Sweatt, Deputy Assistant
29 CFR part 1952 to reflect the Assistant Secretary of Labor for Occupational
Secretary’s decision (65 FR 20742). As Safety and Health, U.S. Department of
DEPARTMENT OF LABOR a result, federal OSHA relinquished its Labor, authorized the preparation of this
enforcement authority with regard to notice. OSHA is issuing this notice
Occupational Safety and Health
occupational safety and health issues under the authority specified by Section
Administration
covered by the Nevada State Plan. 18 of the Occupational Safety and
[Docket No. OSHA–2017–0010]
Federal OSHA retained its authority Health Act of 1970 (29 U.S.C. 667),
over safety and health in the private Secretary of Labor’s Order No. 1–2012
Nevada State Plan; Change in Level of sector over maritime employment; (77 FR 3912), and 29 CFR parts 1902,
Federal Enforcement: Private-Sector contract workers, and contractor- 1953 and 1955.
Employment on Military Bases operated facilities engaged in U.S. Signed in Washington, DC, on October 3,
Postal Service mail operations; 2017.
AGENCY: Occupational Safety and Health contractors and subcontractors on land Loren Sweatt,
Administration (OSHA), Department of under exclusive federal jurisdiction;
Labor. Deputy Assistant Secretary of Labor for
employment on Indian Land; and any Occupational Safety and Health.
ACTION: Notice. hazard, industry, geographical area,
[FR Doc. 2017–22175 Filed 10–12–17; 8:45 am]
operation, or facility over which the
SUMMARY: This document gives notice of state is unable to effectively exercise BILLING CODE 4510–26–P
OSHA’s approval of a change to the jurisdiction for reasons not related to
state of Nevada’s Occupational Safety the required performance or structure of
and Health State Plan reinstating federal DEPARTMENT OF LABOR
the plan.
OSHA enforcement authority over To establish military facilities, the Office of Workers’ Compensation
private-sector employment on military Federal Government may privately Programs
facilities and bases in Nevada. The purchase or lease land, as any other
Nevada State Plan currently has entity would, and in those cases a State Division of Coal Mine Workers’
coverage over some private-sector Plan can cover private-sector Compensation; Proposed Extension of
contractors on military bases. Therefore, occupational safety and health on such Existing Collection; Comment Request
OSHA amends the Nevada State Plan’s land. In other cases, the Federal
coverage to reflect this change in the Government may ask a State to cede the ACTION: Notice.
level of federal enforcement. land to the Federal Government, in
which case the latter obtains SUMMARY: Currently, the Office of
DATES: Applicable Date: October 13, Workers’ Compensation Programs is
2017. jurisdiction over it; however, a State
may retain some jurisdiction. Thus, the soliciting comments concerning the
FOR FURTHER INFORMATION CONTACT: For determination whether the State Plan or proposed collection: Representative
press inquiries: Francis Meilinger, federal OSHA covers private-sector Payee Report (CM–623), Representative
Director, OSHA Office of employers on military facilities can be Payee Report, Short Form (CM–623S)
Communications: Telephone: (202) 693– complicated. For example, military and Physician’s/Medical Officer’s
1999; email: meilinger.francis2@dol.gov. facilities in Nevada sometimes Statement (CM–787). A copy of the
For general and technical encompass both land where jurisdiction proposed information collection request
information: Douglas J. Kalinowski, has been ceded and land privately can be obtained by contacting the office
Director, OSHA Directorate of owned by the Federal Government listed below in the addresses section of
Cooperative and State Programs: (though federal OSHA covers all federal this Notice. This program helps to
Telephone: (202) 693–2200; email: civilian employees on military ensure that requested data can be
kalinowski.doug@dol.gov. facilities). This situation has created provided in the desired format,
SUPPLEMENTARY INFORMATION: Section 18 confusion as to whether federal OSHA reporting burden (time and financial
of the Occupational Safety and Health or the Nevada State Plan covers private- resources) is minimized, collection
instruments are clearly understood, and
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Act of 1970, 29 U.S.C. 667 (OSH Act), sector employers on a military facility,
provides that states that assume and is a resource-intensive inquiry. the impact of collection requirements on
responsibility for developing and Thus, the Nevada State Plan requested respondents can be properly assessed.
enforcing their own occupational safety on December 14, 2016, that federal DATES: Written comments must be
and health standards may do so by OSHA resume enforcement authority submitted by December 12, 2017.
submitting and obtaining federal over all private-sector employment on ADDRESSES: You may submit comments
approval of a State Plan. State Plan military facilities and bases. After by mail, delivery service, or by hand to
approval occurs in stages which include discussions between federal OSHA and Ms. Yoon Ferguson, U.S. Department of
initial approval under section 18(c) of Nevada OSHA, both agencies agreed Labor, 200 Constitution Ave. NW.,
VerDate Sep<11>2014 18:05 Oct 12, 2017 Jkt 244001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\13OCN1.SGM 13OCN1](https://thefederalregister.org/doc/82_FR_47969/page/1.svg)
Document Created: 2017-10-13 04:33:39
Document Modified: 2017-10-13 04:33:39
| 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 | Applicable Date: October 13, 2017. | |
| Contact | For press inquiries: Francis Meilinger, Director, OSHA Office of Communications: Telephone: (202) 693-1999; email: [email protected] | |
| FR Citation | 82 FR 47772 |
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