[Federal Register Volume 60, Number 44 (Tuesday, March 7, 1995)]
[Rules and Regulations]
[Pages 12417-12419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5505]



-----------------------------------------------------------------------


DEPARTMENT OF LABOR
29 CFR Part 1952


Approved State Plans for Enforcement of State Standards; Approval 
of Supplements to the Hawaii State Plan

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Approval of supplements to the Hawaii State Plan.

-----------------------------------------------------------------------

SUMMARY: This document gives notice of Federal approval of supplements 
to the Hawaii State occupational safety and health plan. These 
supplements are: regulations concerning the Division of Occupational 
Safety and Health's Access to Employee Medical Records; changes to 
previously approved regulations covering the Labor and Industrial 
Relations Appeals, Board, General Provisions and Definitions, Recording 
and Reporting Occupational Injuries and Illnesses, Inspections, 
Citations, and Proposed Penalties, and Variances; an amendment to the 
Hawaii Occupational Safety and Health Law enacted in 1987; the Hawaii 
Consultation Policies and Procedures Manual; and the Hawaii 
Occupational [[Page 12418]] Safety and Health Administration Technical 
Manual.

EFFECTIVE DATE: March 7, 1995.

FOR FURTHER INFORMATION CONTACT:
Director, Office of Information and Consumer Affairs, Occupational 
Safety and Health Administration, Room N3647, 200 Constitution Avenue 
NW., Washington, DC 20210. Telephone: (202) 523-8148.

SUPPLEMENTARY INFORMATION:

Background

    The Hawaii 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 4, 1974 (39 FR 1010). Part 1953 of this chapter 
provides procedures for the review and approval of State change 
supplements by the Assistant Secretary of Labor for Occupational Safety 
and Health (hereinafter referred to as the Assistant Secretary).

Description of Supplements

A. Regulations

    On September 16, 1982, the State submitted its regulation 
concerning the Division of Occupational Safety and Health's Access to 
Employee Medical Records. This regulation is identical to the Federal 
regulation set out in part 1913 of this Chapter. On March 11, 1988, the 
State submitted minor editorial revisions to this regulations.
    On October 7, 1983, the State submitted a revised version of the 
Rules of Practice and Procedure of the Hawaii Labor and Industrial 
Relations Appeals Board. These rules have been reviewed and found to be 
as effective as the regulations governing the Federal Occupational 
Safety and Health Review Commission.
    On June 27, 1983, the State submitted a revision to its regulation 
on Recording and Reporting Occupational Injuries and Illnesses (Chapter 
52) to incorporate a change in the Federal regulation at Part 1904 of 
this Chapter concerning an exemption from requirements for recording 
occupational injuries and illnesses for certain low hazard industries. 
The State change is identical to the Federal revision. On March 11, 
1988, the State submitted minor editorial changes to this regulation.
    On June 27, 1983, the State submitted revisions to its regulations 
on Inspections, Citations, and Proposed Penalties (Chapter 51), to 
incorporate a change in the Federal regulation at Part 1903 of this 
Chapter concerning the use of personal sampling devices during 
inspections. On March 11, 1988, the State submitted further revisions 
to this regulation. OSHA's review of an earlier version of this 
regulation had expressed concern about the provisions for Petition for 
Modification of Abatement dates (PMAs). (See 43 FR 5820, February 10, 
1978.) In response, the State revised its regulation to provide for 
employee contest of a PMA within ten days of posting of the petition 
and an opportunity for contest PMAs to be heard by the Appeals Board, 
with the burden of proof placed on the employer. In addition, the State 
has issued a Guideline which provides that the employer will be 
informed of the right to contest the denial of a PMA and that the 
Director will not grant an uncontested PMA before the ten day contest 
period has expired. These revisions make the Hawaii regulations at 
least as effective as the Federal regulations in Part 1903 of this 
Chapter. This submission also contained a change in the State's 
provision for filing complaints of discrimination for exercising rights 
under the Act. The change incorporates a revision to the Federal 
regulation at Part 1977 of this Chapter concerning time limits for 
filing such complaints.
    On March 11, 1988, Hawaii submitted revisions to its Rules of 
Practice for Variances (Chapter 53). The State amended its regulations 
to allow for acceptance of Federally granted variances from standards 
which are identical to Federal standards.
    The March 11, 1988 submission also included minor editorial changes 
to Hawaii's General Provisions and Definitions (Chapter 50). In 
addition, on March 13, 1992, the State submitted a revision to this 
regulation to include a definition of nationally recognized testing 
laboratories, in response to changes in the Federal definition. On July 
13, 1993, the State submitted an updated Guideline on Nationally 
Recognized Testing Laboratories, which states that Hawaii will not 
establish its own testing program but will recognize Federally approved 
laboratories.

B. Amendment to Hawaii Occupational Safety and Health Law

    In 1987, the State enacted an amendment to its Occupational Safety 
and Health Law. The amendment, submitted as a plan supplement on March 
13, 1992, expands the type of information that is protected from 
disclosure in any discovery or civil action arising out of enforcement 
or administration of the law.

C. Consultation Manual

    On June 12, 1987, the State submitted its Consultation Policies and 
Procedures Manual. This manual is identical to Part I of the Federal 
Consultation Policies and Procedures Manual.

D. Industrial Hygiene Technical Manual

    On August 8, 1991, the State submitted notice of its adoption of 
the Federal OSHA Technical Manual, through Change 1. The State manual 
is identical to the Federal Technical Manual.

E. Revised Plan

    On January 28, 1992, Hawaii submitted a reorganized State plan, 
incorporating the plan supplements approved herein as well as 
previously approved plan changes and other supplements still under 
review.

Location of Supplements for Inspection and Copying

    A copy of the plan and the supplements may be inspected and copied 
during normal business hours at the following locations: Office of the 
Regional Administrator, Occupational Safety and Health Administration, 
Room 415, 71 Stevenson Street, San Francisco, California 94105; 
Director, Hawaii Department of Labor and Industrial Relations, 830 
Punchbowl Street, Honolulu, Hawaii 96813; and the Office of the 
Director of Federal-State Operations, Room N3700, 200 Constitution 
Avenue NW., Washington, DC 20210.

Public Participation

    Under Sec. 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 the Hawaii plan supplements are 
consistent with Federal requirements and with commitments contained in 
the plan and previously made available for public comment. Good cause 
is therefore found for approval of these supplements, and further 
public participation would be unnecessary.

Decision

    After careful consideration and extensive review by the Regional 
and National Offices, the Hawaii plan supplements described above are 
found to be in substantial conformance with comparable Federal 
provisions and are hereby approved under Part 1953 of this chapter. The 
decision incorporates the requirements and implementing regulations 
applicable to State plans generally. [[Page 12419]] 

List of Subjects in 29 CFR Part 1952

    Intergovernmental relations, Law enforcement, Occupational safety 
and health.

    Signed at Washington, DC, this 20th day of February, 1995.
Joseph A. Dear,
Assistant Secretary.
    Accordingly, 29 CFR Part 1952 is hereby amended as follows:

PART 1952--[AMENDED]

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

    Authority: Secs. 8, 18 Pub. L. 91-596, 84 Stat. 1608 
Occupational Safety and Health Act of 1970 (29 U.S.C. 657, 667); 
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 
25059), or 9-83 (48 FR 35736), as applicable.

    2. New paragraphs (b) through (f) are added to Sec. 1952.316 of 
Subpart Y to read as follows:


Sec. 1952.316  Changes to approved plans.

* * * * *
    (b) Regulations.
    (1) The State's regulation on the Division of Occupational Safety 
and Health's Access to Employee Medical Records, and amendments to 
State regulations covering the Labor and Industrial Relations Appeals 
Board; General Provisions and Definitions; Recording and Reporting 
Occupational Injuries and Illnesses; Inspections, Citations, and 
Proposed Penalties; and Variances, promulgated by the State through 
March 22, 1991, were approved by the Assistant Secretary on February 
20, 1995.
    (2) [Reserved]
    (c) Legislation.
    (1) An amendment to the Hawaii Occupational Safety and Health Law, 
enacted in 1987, which expands the type of information that is 
protected from disclosure in any discovery or civil action arising out 
of enforcement or administration of the law, was approved by the 
Assistant Secretary on February 20, 1995.
    (2) [Reserved]
    (d) Consultation Manual. The State's Consultation Policies and 
Procedures Manual was approved by the Assistant Secretary on February 
20, 1995.
    (e) Occupational Safety and Health Administration Technical Manual. 
The State's adoption of the Federal OSHA Technical Manual, through 
Change 1, was approved by the Assistant Secretary on February 20, 1995.
    (f) Reorganized Plan. The reorganization of the Hawaii plan was 
approved by the Assistant Secretary on February 20, 1995.

[FR Doc. 95-5505 Filed 3-6-95; 8:45 am]
BILLING CODE 4510-26-M