[Federal Register Volume 59, Number 10 (Friday, January 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-837]


[[Page Unknown]]

[Federal Register: January 14, 1994]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1952

 

Approved State Plans for Enforcement of State Standards Approval 
of Supplements to the Utah, Arizona, and Puerto Rico State Plans

agency: Occupational Safety and Health Administration (OSHA), 
Department of Labor.

action: Final rule.

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summary: This document gives notice of Federal approval of State Plan 
supplements concerning the Utah, Arizona and Puerto Rico Voluntary 
Protection Programs (VPP). These programs are modeled on the OSHA VPP, 
which recognize excellence in worksite safety and health. Employers 
participating in VPP can realize lower workers' injury rates, lower 
workers' compensation costs and greater employee productivity.

effective date: January 14, 1994.

for further information contact: James Foster, Director, Office of 
Information and Consumer Affairs, Occupational Safety and Health 
Administration, room N3647, 200 Constitution Avenue, NW., Washington, 
DC, 20210, Telephone (202) 219-8148.

SUPPLEMENTARY INFORMATION:

A. Background

    The Utah Occupational Safety and Health Plan was approved under 
section 18(c) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 667(c)) (hereinafter referred to as the Act) and Part 1902 of 
this chapter on January 10, 1973 (38 FR 1178). A determination of final 
approval was made under section 18(e) of the Act on July 16, 1985 (50 
FR 28770).
    The Arizona Occupational Safety and Health Plan was approved under 
section 18(c) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 667(c)) (hereinafter referred to as the Act) and Part 1902 of 
this chapter on October 29, 1974 (39 FR 39037). A determination of 
final approval was made under section 18(e) of the Act on June 20, 1985 
(50 FR 25571).
    The Puerto Rico Occupational Safety and Health Plan was approved 
under section 18(c) of the Occupational Safety and Health Act of 1970 
(29 U.S.C. 667(c)) (hereinafter referred to as the Act) and 29 CFR Part 
1902 on August 30, 1977 (42 FR 43629).
    Part 1953 of this chapter provides procedures for the review and 
the approval of State change supplements by the Assistant Secretary of 
Labor for Occupational Safety and Health (hereinafter referred to as 
the Assistant Secretary).

B. Description of Supplements

    On June 18, 1992, Jay W. Bagley, Administrator, Utah Occupational 
Safety and Health Division, submitted a plan change supplement 
concerning Utah's Voluntary Protection Programs (VPP). After Federal 
review of the Utah VPP and subsequent modifications made by the State, 
Utah's program was found to be generally identical to the Federal 
Voluntary Protection, as described in the Federal Register on July 2, 
1982 (47 FR 29025).
    On August 30, 1993, Cathy Neville, Assistant Director, Arizona 
Division of Occupational Safety and Health, submitted a plan change 
supplement concerning Arizona's Voluntary Protection Program (VPP). 
After Federal review of the Arizona VPP, Arizona's program was found to 
be generally identical to the Federal Voluntary Protection Programs, 
with the exception that the State's VPP is limited to the Star Program 
in general industry, excludes the Merit and Demonstration Programs and 
excludes the construction industry.
    On January 10, 1993, Yazminnie Vazquez, Director, Voluntary 
Program, Puerto Rico submitted a plan change supplement concerning 
Puerto Rico's Voluntary Protection Programs (VPP). The Puerto Rico 
program also was found to be generally identical to the Federal VPP 
with the exception of changes to reflect different structure and 
exclusion of the Demonstration Program.

C. Location of Supplement for Inspection and Copying

    A copy of the State plan supplement on the Utah VPP may be 
inspected and copied during normal business hours at the following 
locations: U.S. Department of Labor, Occupational Safety and Health 
Administration, Office of the Regional Administrator, room 1554, 
Federal Building, 1961 Stout Street, Denver, Colorado 80202; the 
Industrial Commission of Utah, UOSHA Offices at 160 East 300 South, 3rd 
Floor, P.O. Box 146600, Salt Lake City, Utah 84114-6600.
    A copy of the State plan supplement on the Arizona VPP may be 
inspected and copied during normal business hours at the following 
locations: U.S. Department of Labor, Occupational Safety and Health 
Administration, Office of the Regional Administrator, 71 Stevenson 
Street, 4th Floor, San Francisco, California 94105; Industrial 
Commission of Arizona, Division of Occupational Safety and Health, 800 
W. Washington, Phoenix, Arizona 85007.
    A copy of the State plan supplement on the Puerto Rico VPP may be 
inspected and copied during normal business hours at the following 
locations: U.S. Department of Labor, Occupational Safety and Health 
Administration, Office of the Regional Administrator, 201 Varick 
Street, room 670, New York, New York 10014; Puerto Rico Department of 
Labor and Human Resources, Prudencio Rivera Martinez Building, 505 
Munoz Rivera Avenue, Hato Rey, Puerto Rico 00918.
    Copies of the Utah, Arizona and Puerto Rico supplements also are 
available at the U.S. Department of Labor, Occupational Safety and 
Health Administration, Directorate of Federal-State Operations, 200 
Constitution Avenue, NW., room N3700, Washington, DC 20210.

D. Public Participation

    Under 29 CFR 1953.2(c) of this chapter, the Assistant Secretary may 
prescribe alternative procedures to expedite the review process or for 
any other good cause which may be consistent with applicable law. The 
Assistant Secretary finds that Utah's, Arizona's and Puerto Rico's 
Voluntary Protection Programs are generally identical to the Federal 
Voluntary Protection Programs, meet Federal requirements and were 
adopted by the States in accordance with State procedural requirements. 
Good cause is therefore found for approval of these supplements and 
further public participation would be unnecessary.

E. Decision

    After careful consideration and review by the Regional and National 
Offices, the Utah, Arizona and Puerto Rico plan supplements described 
above are found to meet OSHA requirements and are hereby approved under 
part 1953 of this chapter. The decision incorporates the requirements 
of the Act and implementing regulations applicable to State plans 
generally.

    Signed at Washington, DC this 30th day of December, 1993.
Joseph A. Dear,
Assistant Secretary of Labor.
    Accordingly, for the reasons set forth in the preamble, 29 CFR part 
1952 is hereby amended as follows:

PART 1952--[AMENDED]

    1. The authority citation for part 1952 continues to read as 
follows:

    Authority: Sec. 18, 84 Stat. 1608 (29 U.S.C. 657); 29 CFR part 
1902, Secretary of Labor's Order No. 1-90 (55 FR 9033).

    2. Subpart E--Utah, Sec. 1952.117 is amended by adding paragraph 
(b) to read as follows:


Sec. 1952.117  Changes to approved plans.

* * * * *
    (b) The Voluntary Protection Program. On December 30, 1993, the 
Assistant Secretary approved Utah's plan supplement, which is generally 
identical to the Federal Voluntary Protection Program.
    3. Subpart CC--Arizona is amended by adding Sec. 1952.357 to read 
as follows:


Sec. 1952.357  Changes to approved plans.

    (a) The Voluntary Protection Program. On December 30, 1993, the 
Assistant Secretary approved Arizona's plan supplement, which is 
generally identical to the Federal Voluntary Protection Programs with 
the exception that the State's VPP is limited to the Star Program in 
general industry, excludes the Merit and Demonstration Programs and 
excludes the construction industry.
    4. Subpart FF--Puerto Rico is amended by adding Sec. 1952.385 to 
read as follows:


Sec. 1952.385  Changes to approved plans.

    (a) The Voluntary Protection Programs. On December 30, 1993, the 
Assistant Secretary approved Puerto Rico's plan supplement, which is 
generally identical to the Federal Voluntary Protection Program with 
the exception of changes to reflect different structure and exclusion 
of the Demonstration Program.
[FR Doc. 94-837 Filed 1-13-94; 8:45 am]
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