[Federal Register Volume 59, Number 43 (Friday, March 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5010]


[[Page Unknown]]

[Federal Register: March 4, 1994]


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DEPARTMENT OF LABOR
 

Oregon State Standards; 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 (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.
    In response to Federal standards amendments, the State has 
submitted by letters dated April 16, and October 16, 1992, 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 1910.1048, Formaldehyde, as published in the Federal Register 
(57 FR 2681) on January 23, 1992, (57 19262) on May 5, 1992, (57 FR 
22290) on May 27, 1992, (57 FR 24701) on June 10, 1992, and (57 FR 
27160) on June 18, 1992. The State's rules pertaining to Formaldehyde, 
contained in OAR 437-02-360(28), were adopted by reference on April 16, 
1992, and October 13, 1992, pursuant to ORS 654.025(2), ORS 656.726(3), 
and ORS 183.335, as ordered and transmitted under OR-OSHA 
Administrative Orders 4-1992 and 12-1992. On March 24, 1991, and July 
16, 1991, the State mailed the Notice of Proposed Amendment of Rules to 
those on the Department of Insurance and Finance Mailing list, 
established pursuant to OAR 431-01-000 and to those on the Department's 
distribution list as their interest appeared. No written requests for a 
public hearing were received. The State's rules pertaining to 
Formaldehyde, contained in OAR 437-02-360(28), were originally adopted 
by reference and approved in the Federal Register on January 13, 1989 
(54 FR 1461), with other amendments approved on April 26, 1991 (56 FR 
19382).
    By letter dated January 6, 1993, from John A. Pompei, 
Administrator, to James W. Lake, Regional Administrator, and 
incorporated as part of the plan, the State on its own initiative 
submitted a repeal of OAR 437-02-370, and adopted by reference 
Sec. 1910.1025(e)(1), table 1, Lead Implementation Schedule. The State 
standard was adopted and became effective on December 7, 1992, pursuant 
to ORS 654.025(2), ORS 656.726(3), and ORS 183.335, as ordered and 
transmitted under OR-OSHA Administrative Order 14-1992. The State's 
Lead standard was originally approved in the Federal Register (54 FR 
38300) on September 15, 1989. The change became necessary when on July 
19, 1991, the U.S. Court of Appeals for the District of Columbia lifted 
the judicial stays of the Lead standard for all industries, except 
brass and bronze ingot production.
    On its own initiative, the State has submitted by letter dated 
October 19, 1993, from John A. Pompei, Administrator, to James W. Lake, 
Regional Administrator, and incorporated as part of the plan, a 
revision to State rules comparable to 29 CFR 1910.134, Respiratory 
Protection, as published in the Federal Register (39 FR 23671) on June 
27, 1974. The State's original adoption of Respiratory Protection was 
promulgated as OAR 437, Chapter 22-69, and received Federal Register 
approval at 40 FR 50583 on October 30, 1975. The State's standard was 
subsequently recodified as OAR 437, Division 129, with Federal Register 
approval at 52 FR 27026 on July 17, 1987. The State has repealed OAR 
437, Division 129, in its entirety, and has incorporated 29 CFR 
1910.134, Respiratory Protection, by reference as OAR 437-02-1910.134. 
The State's readoption by reference also deleted General and Special 
Industry Safety and Health Standards, Revocation, as published in the 
Federal Register (43 FR 49748) on October 24, 1978, and Revocation of 
Advisory and Repetitive Standards as published in the Federal Register 
(49 FR 5322) on February 10, 1984. The State has also adopted one 
State-initiated rule at OAR 437-02-133 on air quality in respirators in 
lieu of 29 CFR 1910.134(d)(1), which updates the Compressed Gas 
Association Commodity Specification from G-7.1-1966 (as in the Federal 
rule) to G-7.1-1989. During the early period of Oregon's program, the 
State elected not to adopt by reference standards comparable to 29 CFR 
1910.137, Electrical Protective Devices, 1910.138, Effective Dates, 
Sec. 1910.139, Sources of Standards, and 1910.140, Standards 
Organizations. (These standards are at the end of 29 CFR 1910 subpart 
I, Personal Protective Equipment.) With this notice the State has 
chosen to do so, at OAR 437-02, Subdivision I. On March 22, 1993, the 
Notice of Proposed Revision of Rules was mailed to those on the 
Department of Insurance and Finance mailing list established pursuant 
to OAR 436-90-505 and to those on the Department's distribution mailing 
list as their interest appeared. Both actions failed to elicit a 
request for hearing; however, two written comments were received which 
recommended that the State retain its more specific language in some 
areas of the standard. The State's revision was adopted on July 29, 
1993, with an effective date of September 15, 1993, through OR-OSHA 
Administrative Order 9-1993.
    The State submitted by letter dated October 19, 1993, from John A. 
Pompei, Administrator, to James W. Lake, Regional Administrator, and 
incorporated as part of the plan, a State standards revision comparable 
to 29 CFR 1910.133, Eye and Face Protection, as published in the 
Federal Register (39 FR 23670) on June 27, 1974. The Oregon Eye and 
Face Protection Standard is contained in OAR 437-02-1910.133. The 
State's original standard was adopted as OAR 437 chapter 7, section 3, 
rules 5 through 12 on March 19, 1974, and received Federal Register 
approval (39 FR 38036) on October 25, 1974. The State standard was 
subsequently recodified without change as OAR 437 Division 50-025 and 
received Federal Register approval (52 FR 27077) on July 17, 1987. OAR 
437, Division 50 has been repealed in its entirety. On March 22, 1993, 
the Notice of Proposed Revision of Rules was mailed to those on the 
Department of Insurance and Finance mailing list established pursuant 
to OAR 436-90-505 and to those on the Department's distribution mailing 
list as their interest appeared. Both actions failed to elicit a 
request for hearing; however, two written comments were received which 
recommended that the State retain its more specific language in some 
areas of the standard. The State's revision was adopted on July 29, 
1993, with an effective date of September 15, 1993, through OR-OSHA 
Administrative Order 9-1993. The State has retained one State-initiated 
standard requiring eye protection for employees exposed to laser beams 
which was previously approved by OSHA. The renumbering changes for the 
State-initiated rule are as follows: Originally adopted as OAR 437-7-3-
2, recodified as OAR 437-50-025(12), and readopted as OAR 437-02-
130(2). The State's more stringent rule received Federal Register 
approval (39 FR 38036) on October 25, 1974 as part of Oregon's response 
to Federal OSHA's 29 CFR 1910.133, Eye and Face Protection, as 
published in the Federal Register (39 FR 23670) on June 27, 1974. The 
State has also retained a minor State-initiated rule at OAR 437-02-
130(1), previously OAR 437-50-025(3), which requires eye and face 
protection equipment to be designed and used in accordance with ANSI 
Z87.1-1989.

2. Decision

    Having reviewed the State submissions in comparison with the 
Federal standards, amendments and corrections, it has been determined 
that the State standard amendments for Formaldehyde, Lead, and Personal 
Protective Equipment are identical to the Federal standards. OSHA 
therefore approves these amendments. OSHA has also determined that the 
Respiratory Protection amendments are at least as effective as the 
comparable Federal amendments, as required by section 18(c)(2) of the 
Act. In addition, OSHA has determined that the differences between the 
State and Federal Respiratory Protection amendments are minimal and 
that the standards are thus substantially identical. OSHA therefore 
approves these amendments; however, the right to reconsider this 
approval is reserved should substantial objection be submitted to the 
Assistant Secretary.
    Regarding the Eye and Face Protection amendments, OSHA has 
determined that these amendments are at least as effective as the 
comparable Federal amendments, as required by section 18(c)(2) of the 
Act. With the adoption by reference of Sec. 1910.133, the State's 
standard is now identical to the Federal, except for the retention of 
two State-initiated rules. One of these rules was approved in the 
Federal Register in 1974, and the other rule is minor. OSHA therefore 
approves the standard; however, the right to reconsider this approval 
is reserved should substantial objections be submitted to the Assistant 
Secretary.

3. Location of Supplement for Inspection and Copying

    A copy of the standards supplement, 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., Washington, 
DC 20210.

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 amendment is as effective as the Federal standard 
which was promulgated in accordance with the Federal law including 
meeting requirements for public participation.
    2. The standard amendment was adopted in accordance with the 
procedural requirements of State law and further public participation 
would be repetitious.
    This decision is effective March 4, 1994.

    Authority: Sec. 18, Public Law 91-596, 84 Stat. 1608 [29 U.S.C. 
667].

    Signed at Seattle, Washington, this 29th day of December 1993.
Richard S. Terrill,
Deputy Regional Administrator.
[FR Doc. 94-5010 Filed 3-3-94; 8:45 am]
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