[Federal Register Volume 61, Number 207 (Thursday, October 24, 1996)]
[Rules and Regulations]
[Pages 55098-55100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27203]


=======================================================================
-----------------------------------------------------------------------

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 Kentucky, Tennessee, Wyoming and Indiana State 
Plans

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

ACTION: Final Rule.

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

SUMMARY: This document gives notice of Federal approval of State Plan 
supplements concerning the Kentucky, Tennessee, Wyoming and Indiana 
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: October 24, 1996.

FOR FURTHER INFORMATION CONTACT: Ann Cyr, Acting Director, Office of 
Information and Consumer Affairs, Occupational Safety and Health 
Administration, U.S. Department of Labor, Room N3647, 200 Constitution 
Avenue, N. W., Washington, D.C., 20210, Telephone (202) 219-8148.

SUPPLEMENTARY INFORMATION

A. Background

    Kentucky. The Kentucky 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 July 31,1973 (38 FR 20324). A 
determination of final approval was made under section 18(e) of the Act 
on June 13, 1985 (50 FR 24896).
    Tennessee. The Tennessee 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 July 5, 1973 (38 FR 17840). A 
determination of final approval was made under section 18(e) of the Act 
on July 22, 1985 (50 FR 29669).
    Wyoming. The Wyoming 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 April 25, 1974 (39 FR 15394). A 
determination of final approval was made under section 18(e) of the Act 
on June 27, 1985 (50 FR 26548).
    Indiana. The Indiana 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 March 6, 1974 (39 FR 8611). A 
determination of final approval was made under section 18(e) of the Act 
on September 26, 1986 (51 FR 34206). 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

    The Federal Voluntary Protection Programs (VPP) are designed to 
recognize and promote effective safety and health program management. 
In the VPP, management, labor and OSHA establish cooperative 
relationships at workplaces that have implemented strong programs.
    VPP participants are a select group of facilities that have 
designed and implemented outstanding safety and health programs. The 
Star Program is the most highly selective program and is for applicants 
with safety and health programs that are comprehensive and are 
successful in reducing workplace hazards. It is open to any industry 
and to companies with injury incidence and lost workday injury rates at 
or below the industry's national average. Star participants are 
evaluated onsite every three years, with annual injury rate reviews. 
The Merit Program provides a planned set of ``stepping stones'' to Star 
participation for those employers who have demonstrated the potential 
and willingness to achieve Star requirements. Open to sites with injury 
rates above the industry's national average, Merit participants are 
evaluated onsite annually. The Demonstration Program allows evaluation 
of criteria different from, but potentially as protective for workers 
as the Star criteria.
    Approved VPP participants must meet all relevant OSHA standards and 
have an on-going safety program. OSHA will verify qualifications, 
exempt participants from regularly scheduled inspections, provide 
necessary technical support, investigate complaints and accidents, and 
evaluate the program. Participation does not diminish employer/employee 
rights or responsibilities under the Occupational Safety and Health Act 
of 1970. States operating OSHA approved State plans are encouraged to 
develop their own parallel programs.
    Kentucky. On October 6, 1995, Bill Riggs, Former Secretary, 
Kentucky Labor Cabinet, submitted a plan change supplement concerning 
Kentucky's Voluntary Protection Programs (VPP). Kentucky's VPP was 
found to be generally identical to the Federal Voluntary Protection 
Program, with the exception that the State's VPP is limited to the Star 
Program in general industry, and excludes the Merit and Demonstration 
Programs. Kentucky will require that all elements of the employer's 
program be in place at least 12 months prior to application. The

[[Page 55099]]

program is known as the Voluntary Protection Partnership of Kentucky.
    Tennessee. On April 25, 1996, Alphonso R. Bodie, Commissioner, 
Department of Labor, Tennessee, submitted a plan change supplement 
concerning Tennessee's Voluntary Protection Programs (VPP) with 
subsequent clarification submitted by letter dated August 30, 1996. 
Tennessee's VPP was found to be generally identical to the Federal 
Voluntary Protection Program, with the exception that the State's VPP 
is limited to the Star Program in general industry and excludes the 
Merit and Demonstration Programs. The program is known as the Tennessee 
Volunteer Star Program.
    Wyoming. On August 9, 1993, Stephen R. Foster, Safety 
Administrator, Worker's Safety and Compensation Division, submitted a 
plan change supplement concerning Wyoming's Voluntary Protection 
Program (VPP). Wyoming's VPP is generally identical to the Federal 
Voluntary Protection Program, with the exception of organizational and 
position titles.
    Indiana. On June 18, 1996, Kenneth Zeller, Commissioner, Indiana 
Department of Labor, submitted a plan change supplement concerning 
Indiana's Voluntary Protection Program (VPP). Indiana's VPP is 
generally identical to the Federal Voluntary Protection Program with 
the exception of organizational and position titles.

C. Location of Supplement for Inspection and Copying

    Kentucky. A copy of the State plan supplement on the Kentucky 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; Kentucky Labor 
Cabinet, 1047 U.S. Highway 127 South, Frankfort, Kentucky 40601.
    Tennessee. A copy of the State plan supplement on the Tennessee VPP 
and may be inspected 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; Tennessee Department of Labor, 710 James 
Robertson Parkway, Nashville, Tennessee 37243-0659.
    Wyoming. A copy of the State plan supplement on the Wyoming 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 1999 Broadway 
Suite 1690, Denver, Colorado 80202-5716; Worker's Safety and 
Compensation Division, Wyoming Department of Employment, Herschler 
Building, 2nd Floor East, 122 West 25th Street, Cheyenne, Wyoming 
82002.
    Indiana. A copy of the State plan supplement on the Indiana 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, 230 S. Dearborn 
Street, 32nd Floor, Room 3244, Chicago, Illinois 60604; Indiana 
Department of Labor, State Office Building, 402 West Washington Street, 
Room W195, Indianapolis, Indiana 46204.
    Copies of the Kentucky, Tennessee, Wyoming and Indiana supplements 
are also available at the U.S. Department of Labor, Occupational Safety 
and Health Administration, Directorate of Federal-State Operations, 200 
Constitution Avenue, N.W., 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 the Kentucky, Tennessee, Wyoming, and 
Indiana Voluntary Protection Programs are generally identical to the 
Federal 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 unnecessary.

E. Decision

    After careful consideration and review by the Regional and National 
Offices, the Kentucky, Tennessee, Wyoming and Indiana 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 16th day of October 1996.
Joseph A. Dear,
Assistant Secretary.
    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 Q-Kentucky, Sec. 1952.237 is amended by adding paragraph 
(b) to read as follows:


Sec. 1952.237  Changes to approved plans.

* * * * *
    (b) The Voluntary Protection Program. On October 24, 1996, the 
Assistant Secretary approved Kentucky's plan supplement, which is 
generally identical to the Federal Voluntary Protection Program, with 
the exception that the State's VPP is limited to the ``Star'' level 
participation for general industry firms.
    3. Subpart P-Tennessee, Sec. 1952.227 is amended by adding 
paragraph (b) to read as follows:


Sec. 1952.227  Changes to approved plans.

* * * * *
    (b) The Voluntary Protection Program. On October 24, 1996, the 
Assistant Secretary approved Tennessee's plan supplement, which is 
generally identical to the Federal Voluntary Protection Program, with 
the exception that the State's VPP is limited to the ``Star'' level 
participation for general industry firms.
    3. Subpart BB-Wyoming, Sec. 1952.347 is amended by adding paragraph 
(c) to read as follows:


Sec. 1952.347  Changes to approved plans.

* * * * *
    (c) The Voluntary Protection Program. On October 24, 1996, the 
Assistant Secretary approved Wyoming's plan supplement which is 
generally identical to the Federal Voluntary Protection Program, with 
the exception of organizational and position titles.
    4. Subpart Z-Indiana, Sec. 1952.327 is amended by adding paragraph 
(c) to read as follows:


Sec. 1952.327  Changes to approved plans.

* * * * *
    (c) The Voluntary Protection Program. On October 24, 1996, the 
Assistant Secretary approved Indiana's plan supplement which is 
generally identical to the Federal Voluntary Protection

[[Page 55100]]

Program, with the exception of organizational and position titles.
[FR Doc. 96-27203 Filed 10-23-96; 8:45 am]
BILLING CODE 4510-26-P