Oregon State Standards; Notice of Approval

[Federal Register Volume 64, Number 69 (Monday, April 12, 1999)]
[Notices]
[Pages 17686-17688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9048]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration


Oregon State Standards; Notice of Approval

1. Background.

    Part 1953 of Title 29, Code of Federal Regulations, prescribes 
procedures under Section 18 of the Occupational Safety and Health Act 
of 1970 (hereinafter called the Act) by which the Regional 
Administrator for Occupational Safety and Health (hereinafter called 
Regional Administrator) under a delegation of authority from the 
Assistant Secretary of Labor for Occupational Safety and Health 
(hereinafter called the Assistant Secretary (29 CFR 1953.4) will review 
and approve standards promulgated pursuant to a State plan which has 
been approved in accordance with Section 18(c) of the Act and 29 CFR 
Part 1902. On December 28, 1972, notice was published in the Federal 
Register (37 FR 28628) of the approval of the Oregon plan and the 
adoption of Subpart D to Part 1952 containing the decision.
    The Oregon plan provides for adoption of State standards which are 
at least as effective as comparable Federal standards promulgated under 
Section 6 of the Act. Section 1953.20 provides that where any 
alteration in the Federal program could have an adverse impact on the 
at least as effective as status of the State program, a program change 
supplement to a State plan shall be required. The Oregon plan also 
provides for the adoption of Federal standards as State standards by 
reference.
    The state submitted by letter dated September 13, 1989, from John 
A. Pompei, Administrator, to James W. Lake, Regional Administrator, and 
incorporated as part of the plan, State standard amendments comparable 
to 29 CFR 1926, Safety and Health Regulations for Construction, as 
published in the Federal Register (36 FR 75) on April 17, 1971. The 
Oregon Safety and Health Regulations for Construction are contained in 
OAR Division 3. The regulations were re-adopted by reference, but 
included a large number of State-initiated rules adopted in addition or 
in lieu of specific rules in 1926. The new Construction

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rules became effective July 7, 1989 under Oregon Administrative Order 
8-1989. Included were State-initiated amendments concerning fall 
protection and traffic control (Administrative Order 2-1989). On April 
26, 1989, the State mailed the proposed amendment of rules to those on 
the Department of Insurance and Finance mailing list established 
pursuant to OAR 436-01-000 and to those on the Department's 
distribution list as their interest appeared. On June 15, 1994, the 
submittal was returned to the State for clarification of some issues 
and corrections of others. On October 29, 1996, the State submitted an 
explanation of the issues and its plan for making the necessary 
corrections. Since the corrections were minor and did not require an 
administrative order, they were made when the standards were reprinted. 
The final corrections were made in 1998.
    On its own initiative, the State of Oregon has submitted by letter 
dated March 25, 1991, from John A. Pompei, Administrator, to James W. 
Lake, Regional Administrator, and incorporated as part of the plan, 
adoption of an Oregon-initiated rule, OAR 437-03-093, which makes the 
Motor Vehicle standard 1926.601 applicable to all construction job 
sites with no exceptions. The amendment was adopted March 18, 1991, 
effective April 15, 1991, under Administrative Order 5-1991.
    On its own initiative, the State of Oregon has submitted by letter 
dated May 10, 1994, from John A. Pompei, Administrator, to James W. 
Lake, Regional Administrator, a repeal of OAR 437-050, 055 and 060 
because they duplicate the requirements contained in 29 CFR 1926, 
Subpart X, Ladders. These standards originally received Federal 
Register approval (42 FR 62554) on December 13, 1977. At the same time 
Oregon also submitted a State-initiated amendment to its construction 
standards at OAR 437-03-020(1) to raise the minimum estimated cost of 
construction projects requiring flush toilet facilities from $500,000 
to $1,000,000. The State standard amendments were adopted and effective 
April 27, 1994, under Administrative Order 1-1994.
    In response to Federal standard changes, the State of Oregon has 
submitted by letter dated June 13, 1997, from Peter De Luca, 
Administrator, to Richard Terrill, Acting Regional Administrator, and 
incorporated as part of the plan, State standards comparable to 29 CFR 
1926.57(f), (g), (h) and (i), 1926.103(d), (e), (f), (g), (h) and (i), 
1926.416(a)(4), (f), (g) and 1926.417(d) contained in the incorporation 
of General Industry Safety and Health Standards Applicable to 
Construction Work and Technical Amendments, as published in the Federal 
Register (58 FR 35099) on June 30, 1993; and State standards comparable 
to the changes contained in the Federal Register (61 FR 9230) as 
published on March 7, 1996, Miscellaneous Minor and Technical 
Amendments, except minor and technical amendments to the following 
sections were not adopted: 29 CFR 1910.142(c)(4), 1910.142(i)(1), 
1910.153, 1910.261(a)(3), 1910.261(a)(4), 1910.261(n), 
1910.266(d)(3)(iv), 1910.266(e)(2)(i), 1910.266(f)(3)(ii), 
1910.266(f)(3)(iii), 1910.266(f)(3)(iv), 1910.266(f)(4), 
1910.266(f)(5)(i), 1910.268(f)(1), 1926.33(c)(13)(i), 1926.103(a)(2), 
1926.1103, 13 Carcinogens and the associated deletions to 1926.1104 and 
.1106 through .1116, 1928.21(a)(6), 1928.51(b)(1), 1928.52, 1928,53, 
Appendix B to Subpart C and 1928.1027; and State standards comparable 
to the changes to 29 CFR 1910 and 1915, changes to Subpart C and D to 
29 CFR 1926 and changes to the Cadmium standard contained in 1926.1127 
as published in the Federal Register (61 FR 31427) on June 20, 1996, 
Consolidation of Repetitive Provisions; Technical Amendments. These 
changes were adopted and became effective on April 2, 1997, under 
Administrative Order 4-1997.
    In response to Federal standard changes, the State has submitted by 
letter dated June 13, 1997, from Peter De Luca, Administrator, to 
Richard Terrill, Acting Regional Administrator, and incorporated as 
part of the plan, State standards identical to 29 CFR 1926.450 through 
.454, Safety Standards for Scaffolds Used in the Construction Industry 
as published in the Federal Register (61 FR 46051) on August 30, 1996, 
and corrections and partial stay published in the Federal Register (61 
FR 59831) on November 25, 1996. In addition to adopting the federal 
standard, the state adopted three state initiated standards and added a 
note to clarify one standard. The state initiated standards require the 
employer to have the manufacturer's operating manual with manually 
propelled elevating aerial platforms, boom supported elevating work 
platforms and scissor lifts and that they follow all operating and 
maintenance instructions. The state rules were adopted and became 
effective on March 12, 1997, under Administrative Order 2-1997.

2. Decision

    OSHA has determined that the State standards for Scaffolds in 
Construction, General Industry Standards Applicable to Construction 
Work and Technical Amendments, Miscellaneous Minor and Technical 
Amendments, and Consolidation of Repetitive Provisions (Technical 
Amendments) are at least as effective as the comparable Federal 
standards as required by Section 18(c)(2) of the Act. OSHA has also 
determined that the differences between the State and Federal standards 
are minimal and that the standards are thus substantially identical. 
OSHA has also determined that the State standards for Construction, 
Motor Vehicles, and repeal of duplicative Ladder standards are at least 
as effective as the comparable Federal standards, as required by 
Section 18(c)(2) of the Act. The re-adopted Construction standards have 
been in effect since July 7, 1989, the Motor Vehicle standard has been 
in effect since April 15, 1991, and the repeal of the Ladder standards 
and amendment of construction standards regarding flush toilet 
facilities have been in effect since April 27, 1994. During this time 
OSHA has received no indication of significant objection to the State's 
different standards either as to their effectiveness in comparison to 
the Federal standards or as to their conformance with the product 
clause requirements or Section 18(c)(2) of the Act. (A different state 
standard applicable to a product which is distributed or used in 
interstate commerce but be required by compelling local conditions and 
not unduly burden interstate commerce). OSHA approves all of the 
standards. However, the right to reconsider this approval is reserved 
should substantial objections be submitted to the Assistant Secretary. 
The state standards were adopted pursuant to ORS 654.025(2), ORS 
656.726(3) and ORS 183.335.

3. Location of Supplement for Inspection and Copying

    A copy of the standards, along with the approved plan, may be 
inspected and copied during normal business hours at the following 
locations: Office of the Regional Administrator, Occupational Safety 
and Health Administration, 1111 Third Avenue, Suite 715, Seattle, 
Washington 98101-3212; Oregon Occupational Safety and Health Division, 
Department of Consumer and Business Services, Salem, Oregon 97310; and 
the Office of State Programs, Occupational Safety and Health 
Administration, Room N-3476, 200 Constitution Avenue, NW,

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Washington, D.C. 20210. An electronic copy of this Federal Register 
notice may be obtained from the OSHA home page, https://www.osha.gov. 
Click on Federal Register under the Regulation section.

4. Public Participation

    Under 29 CFR 1953.2(c), the Assistant Secretary may prescribe 
alternative procedures to expedite the review process or for other good 
cause which may be consistent with applicable laws. The Assistant 
Secretary finds that good cause exists for not publishing the 
supplement to the Oregon State Plan as a proposed change and making the 
Regional Administrator's approval effective upon publication for the 
following reasons:
    1. The standard amendments are as effective as the federal 
standards which were promulgated in accordance with federal law 
including meeting requirements for public participation.
    2. The standard amendments were adopted in accordance with the 
procedural requirements of State law and further public participation 
would be repetitious.
    This decision is effective April 12, 1999.

(Sec. 18, Pub. L. 91-596, 84 Stat. 6108 [29 U.S.C. 667]).

    Signed at Seattle, Washington, this 16th day of October 1998.
Richard S. Terrill,
Acting Regional Administrator.
[FR Doc. 99-9048 Filed 4-9-99; 8:45 am]
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