[Federal Register Volume 64, Number 1 (Monday, January 4, 1999)]
[Notices]
[Pages 183-184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34741]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration


Oregon State Standards; Notice of 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 
(hereinafter called the Assistant Secretary) (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.
    On its own initiative, the State of Oregon has submitted by letter 
dated October 16, 1992, from John A. Pompei, Administrator, to James W. 
Lake, Regional Administrator, a repeal of three Oregon codes--Division 
94, Shipbuilding, Shipbreaking, Ship Repair; Division 307, Marine 
Terminals; and Division 308, Longshoring--and the adoption by reference 
of the following federal standards into a new Division 5, Maritime 
Activities: 29 CFR 1915,

[[Page 184]]

Occupational Safety and Health Standards for Shipyard Employment; 1917, 
Marine Terminals; and 1918, Safety and Health Regulations for 
Longshoring, with the exception of 1917.27(a)(2), concerning the 
percentage of oxygen in IDLH atmospheres (Oregon requires 19.5%), and 
1918.93(d), on hiring (Oregon added provisions required by the 
Americans with Disabilities Act). Oregon also retained two additional 
State-initiated rules, concerning fall protection for line handling in 
Marine Terminals, and the weight of containerized cargo in Longshoring. 
In addition, Oregon adopted references to other Oregon standards that 
apply to maritime activities: OAR 437, Division 1, General 
Administrative Rules; 1910.95, Occupational Noise Exposure; 1910.147, 
Control of Hazardous Energy (Lockout/Tagout); OAR 437-02-161, Medical 
and First Aid; OAR Division 2/L, Fire Protection and OAR 437-02-182, 
Fire Fighters; OAR 437, Division 2/N, OAR 437-02-228 through 235 and 
1910.179 through .184 pertaining to Cranes; OAR 437, Division 1, 
General Provisions; OAR 437, Division 2/M, Compressed Gas and 
Compressed Air Equipment and OAR 437-02-223, Commercial and Industrial 
Trucks. The State of Oregon also adopted the following additional and 
preexisting State standards for shipyard employment: OAR 437-05-025, 
Ladders to Docks; OAR 437-04-030, Air Contaminants, in lieu of 
1915.1000; OAR 437-05-0035, Additional Asbestos Rules; OAR 437-05-040, 
Rules for MOCA (4,4'-Methylene Bis (2-chloroaniline)); OAR 437-04-045, 
Amendment to 1915.1029(j)(1)(ii) for Benzene to require that pipes be 
labeled and OAR 437-05-050, Rules for Pipe Labeling. The State rules 
were adopted on September 24, 1992, effective November 1, 1992, under 
Oregon Administrative Order 9-1992. The State standards originally 
received Federal Register approval (40 FR 58704) on December 18, 1975. 
Before approval of this State-initiated change was made, the State in 
response to Federal standard changes published in the Federal Register 
(58 FR 35512) on July 1, 1993, submitted by letter dated January 20, 
1994, from John A. Pompei, administrator, to James W. Lake, Regional 
Administrator, State standards comparable to 1915.5, 1915.12(a)(3) & 
(b)(3), 1915.99 and 1915 Subpart Z (except in lieu of 1915.1000, the 
State has its equivalent standard, OAR 437-05-030). The State rules 
were adopted and effective December 29, 1993, under Administrative 
Order 19-1993.
    2. Decision. OSHA has determined that the State standards for 
Division 5, Maritime Activities (Shipyard Employment, Marine Terminals, 
and Longshoring), as amended through December 29, 1993, are at least as 
effective as the comparable Federal standards, as required by Section 
18(c)(2) of the Act. These standards have been in effect since December 
29, 1993. During that time OSHA has received no indication of 
significant objection to the State's diffeerent standard either as to 
its effectiveness in comparison to the Federal standard or as to its 
conformance with the product clause requirements of section 18(c)(2) of 
the Act. (A different State standard applicable to a product which is 
distributed or used in interstate commerce must be required by 
compelling local conditions and not unduly burden interstate commerce.) 
OSHA therefore approves these standards; however, the right to 
reconsider this approval is reserved should substantial objections be 
submitted to the Assistant Secretary. The State standards were adopted 
pursuant to ORS5 654.025(2), ORS 656.726(3) and ORS 183.335.
    3. Location of Supplement for Inspection and Copying. A copy of the 
standards, 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, D.C. 20210. An electronic copy 
of this Federal Register notice may be obtained from the OSHA home 
page, http://www.osha.gov.
    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 standards amendments are at least as effective as the 
federal standards which were promulgated in accordance with the federal 
law including meeting requirements for public participation.
    2. The standards amendments were adopted in accordance with the 
procedural requirements of State law and further public participation 
would be repetitious.

    This decision is effective January 4, 1999.

(Sec. 18, Pub. L. 91-596, 84 STAT. 6108 [29 U.S.C. 667])

    Signed at Seattle, Washington, this 16th day of October 1998.
Richard S. Terrill,
Acting Regional Administrator.
[FR Doc. 98-34741 Filed 12-31-98; 8:45 am]
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