[Federal Register Volume 59, Number 60 (Tuesday, March 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7255]
[[Page Unknown]]
[Federal Register: March 29, 1994]
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DEPARTMENT OF LABOR
29 CFR Part 1952
[Docket No. T-027]
Oregon State Plan: Proposed Revision to State Staffing
Benchmarks; Request for Comments
AGENCY: Department of Labor, Occupational Safety and Health
Administration (OSHA).
ACTION: Proposed revision to State health compliance staffing
benchmarks; request for written comments.
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SUMMARY: This document gives notice of the proposed revision of
compliance staffing benchmarks applicable to the Oregon State plan.
Oregon's benchmarks were originally established in April 1980 in
response to the U.S. Court of Appeals decision in AFL-CIO v. Marshall,
570 F. 2d 1030 (D.C. Cir. 1978). The State of Oregon has reconsidered
the information utilized in the development of its 1980 benchmarks and
determined that changes in local conditions and improved inspection
data warrant revision of its health compliance staffing benchmarks.
OSHA is soliciting written public comments to afford interested persons
an opportunity to present their views regarding whether or not the
revised benchmarks for Oregon should be approved.
DATES: Written comments must be received by May 3, 1994.
ADDRESSES: Written comments should be submitted, in quadruplicate, to
the Docket Officer, Docket No. T-027, U.S. Department of Labor, room N-
2625, 200 Constitution Avenue, NW., Washington, DC 20210, (202) 219-
7894.
FOR FURTHER INFORMATION CONTACT:
James Foster, Director, Office of Information and Consumer Affairs,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3637, 200 Constitution Avenue, NW., Washington, DC 20210,
(202) 219-8148.
SUPPLEMENTARY INFORMATION:
Background
Section 18 of the Occupational Safety and Health Act of 1970 (``the
Act,'' 29 U.S.C. 651 et seq.) provides that States which desire to
assume responsibility for developing and enforcing occupational safety
and health standards may do so by submitting, and obtaining Federal
approval of, a State plan. Section 18(c) of the Act sets forth the
statutory criteria for plan approval, and among these criteria is the
requirement that the State's plan provide satisfactory assurances that
the State agency or agencies responsible for implementing the plan have
``* * * the qualified personnel necessary for the enforcement of * * *
standards,'' 29 U.S.C. 667(c)(4).
A 1978 decision of the U.S. Court of Appeals and the resultant
implementing order issued by the U.S. District Court for the District
of Columbia (AFL-CIO v. Marshall, C.A. No. 74-406) interpreted this
provision of the Act to require States operating approved State plans
to have sufficient compliance personnel necessary to assure a ``fully
effective'' enforcement effort. The Assistant Secretary of Labor for
Occupational Safety and Health (the Assistant Secretary) was directed
to establish ``fully effective'' compliance staffing levels, or
benchmarks, for each State plan. In 1980 OSHA submitted a Report to the
Court containing these benchmarks and requiring Oregon to allocate 47
safety and 60 health compliance personnel to conduct inspections under
the plan.
Both the 1978 Court Order and the 1980 Report to the Court
explicitly contemplate subsequent revisions to the benchmarks in light
of more current data, including State-specific information, and other
relevant considerations. In August 1983 OSHA, together with State plan
representatives, initiated a comprehensive review and revision of the
1980 benchmarks. A complete discussion of both the 1980 benchmarks and
the present revision system process is set forth in the January 16,
1985 Federal Register (50 FR 2491) regarding the Wyoming occupational
safety and health plan.
The Oregon plan, which was granted initial State plan approval on
December 28, 1972 (37 FR 28628), is administered by the Occupational
Safety and Health Division of the Oregon Department of Consumer and
Business Services. Concurrent Federal enforcement jurisdiction was
suspended in Oregon with the publication of an Operational Status
Agreement on April 28, 1975 (40 FR 18427). The plan was certified as
having satisfactorily completed all of its developmental commitments on
September 24, 1982 (47 FR 42105).
Proposed Revision of Benchmarks
In October 1992, the Oregon Occupational Safety and Health Division
(the designated agency or ``designee'' in the State) completed, in
conjunction with OSHA, a review of the Health compliance staffing
benchmarks approved for Oregon in 1980. In accordance with the formula
and general principles established by the joint Federal/State task
group for the revision of the 1980 benchmarks, Oregon reassessed the
staffing necessary for a ``fully effective'' occupational safety and
health program in the State. This reassessment resulted in a proposal,
contained in supporting documents, of revised health staffing
benchmarks of 28 health compliance officers. The State determined that
there was no compelling reason to revise the existing 1980 safety
benchmark level of 47 safety compliance officers.
The proposed revised health benchmark contemplated general schedule
inspection coverage once every three years of all private sector
manufacturing establishments with greater than 10 employees (based upon
a computerized summary utilizing the 1981 Unemployment Insurance
Listing of Employers for Oregon) in the 150 Standard Industrial
Classifications (SICs) in the State having the highest likelihood of
exposure to health hazards. These SICs are determined by a health
ranking system utilizing data from the National Occupational Hazards
Survey (NOHS), as published in 1977, which assesses the potency and
toxicity of substances in use in the State. The State has historically
spent an average 33.4 hours on such inspections, and each health
compliance officer is able to devote 1,525 hours annually to actual
inspection activity, based upon State personnel practices.
Establishments have been added to this initial general schedule
universe based on the State's knowledge gained from inspection
experience and other data on the extent of employee exposure to and use
of toxic substances and harmful physical agents by individual employers
or groups of employers, and the extent to which hazardous exposure can
be eliminated by inspection. In addition, inspection resources are
allocated to coverage of mobile and public employee (State and local
government) work sites, response to complaints and accidents, and
follow-up inspections to ascertain compliance, based on recent
historical experience and an assessment of proper health coverage in
the State of Oregon.
OSHA has reviewed the State's proposed revised benchmarks and
supporting documentation, prepared a narrative describing the State's
submission, and determined that the proposed compliance staffing levels
appear to meet the requirements of the Court in AFL-CIO v. Marshall and
provide staff sufficient to ensure a ``fully effective enforcement
program.''
Effect of Benchmark Revision
Consistent with the 1978 Court Order in AFL-CIO v. Marshall and the
procedures for implementation of benchmarks described by OSHA in the
1980 Report to the Court, if the proposed revised benchmarks are
approved by OSHA, the State must allocate a sufficient number of safety
and health enforcement staff to meet the revised benchmarks in order to
be eligible for final approval under section 18(e) of the Act. Approval
of the revised benchmarks would be accompanied by an amendment to 29
CFR part 1952, subpart D, which generally describes the Oregon plan and
sets forth the State's safety and health benchmark levels. Attainment
of the 1980 benchmark levels of subsequent revision thereto is a
prerequisite for State plan final approval consideration under section
18(e) of the Act.
Documents of Record
A comprehensive document containing the proposed revision to
Oregon's benchmarks, including a narrative of the State's submission
and supporting statistical data, has been made a part of the record in
this proceeding and is available for public inspection and copying at
the following locations:
Docket Office, Docket No. T-027, U.S. Department of Labor, room N-
2625, 200 Constitution Avenue, NW., Washington, DC. 20210.
Regional Administrator--Region X, U.S. Department of Labor--OSHA,
suite 715, 1111 Third Avenue, Seattle, Washington 98101-3212.
Oregon Occupational Safety and Health Division, room 430, Labor and
Industries Building, 350 Winter Street NE, Salem, Oregon 97310.
In addition, to facilitate informed public comment, an
informational record has been established in a separate docket (No. T-
018) containing background information relevant to the benchmark issue
in general and the current benchmark revision process. This information
docket includes, among other material, the 1978 Court of Appeals
decision in AFL-CIO v. Marshall, the 1978 implementing Court Order, the
1980 Report to the Court, and a report describing the 1983-1984
benchmark revision process. It is also available for public inspection
and copying at the following location:
Docket Office, Docket No. T-018, U.S. Department of Labor, room N-
2625, 200 Constitution Avenue, NW., Washington, DC 20210.
Public Participation
OSHA is soliciting public participation in its consideration of the
approval of the revised Oregon benchmarks to assure that all relevant
information, views, data and arguments are available to the Assistant
Secretary during this proceeding. Members of the public are invited to
submit written comments in relation to whether the proposed revised
benchmarks will provide for a fully effective enforcement program for
Oregon in accordance with the Court Order in AFL-CIO v. Marshall.
Comments must be received on or before May 3, 1994, and be submitted in
quadruplicate to the Docket Office, Docket No. T-027, U.S. Department
of Labor, room N-2625, 200 Constitution Avenue NW., Washington, DC
20210. Written submissions must be directed to the specific health
staffing benchmarks proposed for Oregon and must clearly identify the
issues which are addressed and the positions taken with respect to each
issue.
All written submissions as well as other information gathered by
OSHA will be considered in any action taken. The record of this
proceeding, including written comments and all material submitted in
response to this notice, will be made available for public inspection
and copying in the Docket Office, room N-2625, at the previously
mentioned address, between the hours of 8:15 a.m. and 4:45 p.m.
List of Subjects in 29 CFR Part 1952
Intergovernmental relations, Law enforcement, Occupational safety
and health.
(Sec. 18, 84 Stat. 1608 (29 U.S.C. 667); 29 CFR part 1902, Secretary
of Labor's Order No. 9-83 (43 FR 35736))
Signed at Washington, DC, this 18th day of March 1994.
Joseph A. Dear,
Assistant Secretary of Labor.
[FR Doc. 94-7255 Filed 3-28-94; 8:45 am]
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