82 FR 7867 - Michigan State Plan; Change in Level of Federal Enforcement: Marine Construction

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 82, Issue 13 (January 23, 2017)

This document gives notice of OSHA's approval of a change to the State of Michigan's Occupational Safety and Health State Plan that clarifies that marine construction is included in its State Plan. Therefore, OSHA announces an amendment to the Operational Status Agreement between OSHA and the Michigan State Plan to clarify Michigan's coverage of marine construction.

[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Pages 7867-7868]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01414]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2017-0003]


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

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 Michigan's Occupational Safety and Health State Plan that 
clarifies that marine construction is included in its State Plan. 
Therefore, OSHA announces an amendment to the Operational Status

[[Page 7868]]

Agreement between OSHA and the Michigan State Plan to clarify 
Michigan's coverage of marine construction.

DATES: Effective Date: January 23, 2017.

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 Michigan State Plan was initially approved under Section 18(b) 
of the OSH Act and 29 CFR part 1902 on September 24, 1973 (38 FR 27388, 
October 3, 1973). The Michigan State Plan is administered by the 
Michigan Department of Licensing and Regulatory Affairs, Michigan 
Occupational Safety and Health Administration (MIOSHA). On January 6, 
1977, an Operational Status Agreement was entered into between OSHA and 
the Michigan State Plan agency whereby concurrent federal enforcement 
authority was suspended with regard to most federal occupational safety 
and health standards in issues covered by the state's OSHA-approved 
occupational safety and health plan. Federal OSHA retained its 
authority over safety and health in private sector maritime employment, 
with regard to federal government employers and employees, and 
employees of the U.S. Postal Services (effective June 9, 2000), and 
employers who are enrolled members of Indian tribes and who own or 
operate businesses located within the boundaries of Indian 
reservations.
    MIOSHA has covered construction since the Plan's inception. A legal 
issue has arisen as to whether employees engaged in marine construction 
are covered by the Longshore and Harbor Workers' Compensation Act (33 
U.S.C. 901 et seq.) and thus were included in Federal OSHA's coverage 
of maritime employment. MIOSHA requested that its coverage be clarified 
to explicitly include coverage over marine construction. OSHA and 
MIOSHA have agreed to amendments to the State Plan's Operational Status 
Agreement (OSA) that clarify that the exclusion of private sector 
maritime employment from the State Plan does not include marine 
construction, and the State Plan's coverage of construction includes 
marine construction. The amendment was signed on July 25, 2016. All 
other terms of the OSA remain in effect.

Authority and Signature

    David Michaels, Ph.D., MPH, 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 and 1953.

    Dated: January 9, 2017.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health
[FR Doc. 2017-01414 Filed 1-19-17; 8:45 am]
 BILLING CODE 4510-26-P