[Federal Register Volume 59, Number 121 (Friday, June 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15346]


[[Page Unknown]]

[Federal Register: June 24, 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 South Carolina and North Carolina State Plans

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

ACTION: Final rule.

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SUMMARY: This document gives notice of Federal approval of State Plan 
supplements concerning the South Carolina ``Palmetto'' STAR and North 
Carolina ``Carolina'' STAR Voluntary Protection Programs (VPP). These 
programs are modeled after the OSHA STAR 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: June 24, 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 South Carolina 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 December 6, 1972 (37 FR 25932). A determination of 
final approval was made under section 18(e) of the Act on December 18, 
1987 (57 FR 48103).
    The North Carolina 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 February 1, 1973 (38 FR 3041).
    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 November 10, 1993, Virgil W. Duffie, Jr., Commissioner, South 
Carolina Department of Labor (redesignated Director of the Department 
of Labor, Licensing, and Regulation), submitted a plan change 
supplement concerning South Carolina ``Palmetto'' STAR Voluntary 
Protection Program (VPP). After Federal review of the South Carolina 
``Palmetto'' STAR VPP, South Carolina's ``Palmetto'' STAR program was 
found to be generally identical to the Federal STAR Voluntary 
Protection Program, as described in the Federal Register on July 12, 
1988 (53 FR 26339). South Carolina's VPP is limited to the STAR Program 
in general industry, excludes the Merit and Demonstration Programs and 
excludes the construction industry. Additionally, the State's 
``Palmetto'' STAR Program will use State injury rates rather than 
National injury rates and applicant's injury rate must be at or below 
50 percent of the State industry average.
    On January 28, 1994, Steven Sykes, State Plan Coordinator, North 
Carolina Division of Occupational Safety and Health, submitted a plan 
change supplement concerning North Carolina's ``Carolina'' STAR 
Voluntary Protection Program (VPP). After Federal review of the North 
Carolina ``Carolina'' STAR VPP, North Carolina's ``Carolina'' STAR 
program was found to be generally identical to the Federal STAR 
Voluntary Protection Programs. North Carolina's VPP is limited to the 
STAR Program, and excludes the Merit and Demonstration Programs. (These 
Programs, F and G under Federal VPP, are indicated as Reserved by North 
Carolina.) Additionally, the State's ``Carolina'' Star Program will use 
State injury rates rather than National injury rates and the 
applicant's injury rate must be at or below 50 percent of the State 
industry average.

C. Location of Supplements for Inspection and Copying

    A copy of the State plan supplement on the South Carolina 
``Palmetto'' STAR 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, Suite 587, 1375 Peachtree Street, N.E., Atlanta, Georgia 
30367; South Carolina Department of Labor, Licensing, and Regulation, 
3600 Forest Drive, Post Office Box 11329, Columbia, South Carolina 
29211-1329.
    A copy of the State plan supplement on the North Carolina 
``Carolina'' STAR 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, Suite 587, 1375 Peachtree Street NE., Atlanta, Georgia 
30367; North Carolina Department of Labor, 413 North Salisbury Street, 
Raleigh, North Carolina 27603-5942.
    Copies of the South Carolina and North Carolina 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, D.C. 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 South Carolina's ``Palmetto'' and North 
Carolina's ``Carolina'' STAR Voluntary Protection Programs are 
generally identical to the Federal STAR Voluntary Protection Program, 
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 
necessary.

E. Decision

    After careful consideration and review by the Regional and National 
Offices, the South Carolina and North Carolina 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.

List of Subjects in 29 CFR Part 1952

    Intergovernmental relations, Law enforcement, Occupational safety 
and health, Reporting and recordkeeping requirements.

    Signed at Washington, DC, this 20th day of June, 1994.
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 C-South Carolina, is amended by adding Sec. 1952.97 to 
read as follows:


Sec. 1952.97  Changes to approved plans.

    (a) The Voluntary Protection Program. On June 20, 1994, the 
Assistant Secretary approved South Carolina's plan supplement, which is 
generally identical to the Federal Star Voluntary Protection Program. 
South Carolina's ``Palmetto'' VPP is limited to the Star Program in 
general industry, excludes the Merit and Demonstration Programs and 
excludes the construction industry. Also, injury rates must be at or 
below 50 percent of the State industry average rather than the National 
industry average.
    3. Subpart I-North Carolina is amended by adding Sec. 1952.157 to 
read as follows:


Sec. 1952.157  Changes to approved plans.

    (a) The Voluntary Protection Program. On June 20, 1994, the 
Assistant Secretary approved North Carolina's plan supplement, which is 
generally identical to the Federal Star Voluntary Protection Program. 
North Carolina's ``Carolina'' VVP is limited to the Star Program, and 
excludes the Merit and Demonstration Programs. Also, injury rates must 
be at or below 50 percent of the State injury average rather than the 
National injury average.

[FR Doc. 94-15346 Filed 6-23-94; 8:45 am]
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