[Federal Register Volume 64, Number 3 (Wednesday, January 6, 1999)]
[Notices]
[Pages 913-914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-199]



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DEPARTMENT OF LABOR

Occupational Safety and Health Administration


Oregon State Plan; Extension of Federal Jurisdiction to Shipyards 
and Indian Reservations

    This document gives notice of assumption by the Federal 
Occupational Safety and Health Administration (OSHA) of additional 
enforcement jurisdiction in the State of Oregon for shore side shipyard 
and boatyard employment, and over private sector establishments, 
including tribal and Indian-owned enterprises, within the boundaries of 
all Indian reservations, and on trust lands outside of reservations, 
effective January 6, 1999.
    On December 23, 1998, the Occupational Safety and Health 
Administration (OSHA) and the Oregon Occupational Safety and Health 
Division (OR-OSHA) signed a Memorandum of Understanding (MOU) 
relinquishing State jurisdiction and extending Federal OSHA's 
enforcement jurisdiction in the State of Oregon to include shipyards, 
and employment on Indian reservations and lands, and clarifying other 
areas of jurisdiction. The MOU serves as an addendum to the 1975 
Operational Status Agreement between the parties. By this addendum, 
Federal OSHA is assuming additional jurisdiction for shore side 
shipyard and boatyard activity. By a separate December 1, 1998 
addendum, which is also reflected in this MOU, Federal OSHA has also 
assumed jurisdiction over private sector employment, including tribal 
and Indian-owned enterprises, on all Indian reservations, including 
establishments on trust lands outside of reservations. A copy of the 
Memorandum of Understanding is annexed hereto.

FOR FURTHER INFORMATION CONTACT: Bonnie Friedman, Director, Office of 
Public Affairs, Occupational Safety and Health Administration, Room 
N3467, 200 Constitution Avenue, NW, Washington, DC, 20210, Telephone 
(202) 693-1999.

    Signed at Washington, DC this 30th day of 1998.
Charles N. Jeffress,
Assistant Secretary of Labor.

Memorandum of Understanding and Addendum to the Operational Status 
Agreement Between U.S. Department of Labor Occupational Safety and 
Health Administration and The Oregon Occupational Safety and Health 
Division Department of Consumer and Business Services

    This Memorandum of Understanding is intended to restate through 
compilation in a single document Federal OSHA's enforcement 
jurisdiction in the State of Oregon and to serve as an addendum to 
existing jurisdictional agreements contained in the January 23, 1975 
Operational Status Agreement between the parties, as amended in 
December 1983, November 1991, and December 1998, and related 
subsequent clarifying Memoranda of Understanding dated August 1984, 
February 1987, October 1992 and September 1998. Generally, Federal 
OSHA has coverage in those areas identified as ``exclusive federal 
jurisdiction'' and also in those issues where OR-OSHA has declined 
or returned coverage. Also, OR-OSHA has jurisdiction over all work 
performed by employees of the State or of a political subdivision of 
the State, as provided by Section 18(c)(6) of the OSHAct, and 
Federal OSHA has jurisdiction over all Federal employees.
    This agreement supersedes the Memorandum of Understanding signed 
September 21, 1998.
    F-1. Shipyards and Boatyards--As established in the January 1975 
Oregon OSHA/Federal OSHA Operational Agreement, Federal OSHA has 
jurisdiction for private sector employment on the navigable waters 
of the United States. By this addendum, OR-OSHA relinquishes to 
Federal OSHA additional jurisdiction for the shore side shipyard and 
boatyard activity, from the foot of the gangway on floating vessels, 
dry docks, graving docks and marine railways to the front gate at 
the work site, at all private sector work sites located on or 
immediately adjacent to the navigable waters. Federal OSHA will now 
exercise enforcement authority over all shipyard employment on or 
immediately adjacent to the navigable waters in Oregon from the 
front gate of the worksite to the U.S. statutory limits. OR-OSHA 
maintains jurisdiction in all other private sector shipyard and 
boatyard operations not located on or immediately adjacent to the 
navigable waters. OR-OSHA has exclusive jurisdiction for all 
employees of the State and its political subdivisions on land or any 
waters in the State.
    F-2. Longshoring/Marine Terminals--Federal OSHA's jurisdiction 
for longshoring and marine terminal operations includes coverage of 
private sector employment on the wharves, bulkheads, quays, piers, 
docks and other berthing locations and adjacent storage or adjacent 
areas and structures associated with the primary movement of cargo 
or materials from vessel to shore or shore to vessel, including 
structures which are devoted to receiving, handling, holding, 
consolidating and loading or delivery of waterborne shipments or 
passengers, including areas devoted to the maintenance of the 
terminal or equipment. This does not include production or 
manufacturing areas nor does the term include storage facilities 
directly associated with those production or manufacturing areas. 
All employees of the State and its political subdivisions engaged in 
such activities are covered by OR-OSHA during all such operations.
    This coverage is consistent with the approved State-Initiated 
Plan Change published in the Federal Register, effective June 15, 
1977, where the jurisdiction for on-shore longshoring activities was 
returned to Federal OSHA. Federal OSHA has jurisdiction for all 
activities at marine grain terminals including all structures which 
are devoted to receiving, handling, holding, consolidating and 
loading or delivery of waterborne shipments.
    F-3. Marine Construction--Federal OSHA has jurisdiction for 
construction activities emanating from or on floating vessels on the 
navigable waters of the United States. OR-OSHA has jurisdiction for 
construction activities emanating from land, piers, docks, wharves, 
bridges, or any other non-floating structure attached to land along 
navigable waters. OR-OSHA has exclusive jurisdiction for all 
employees of the State and its political subdivisions on land or any 
waters in the State.
    F-4. Commercial Diving--The jurisdiction between Federal OSHA 
and OR-OSHA for commercial diving operations in the waters of Oregon 
is dependent on the dive location. Federal OSHA has coverage if the 
dive is originating from an object afloat (vessel, barge, etc.) a 
navigable waterway. OR-OSHA has jurisdiction if the dive originates 
from land or a dock, pier, wharf or bridge appended to land along 
navigable waters. OR-OSHA maintains jurisdiction for all other 
commercial diving. OR-OSHA has exclusive jurisdiction for all 
employees of the State and its political subdivisions on land or any 
waters in the State.
    F-5. Other Waterfront Activity--At all other private sector 
places of employment on or adjacent to navigable waters, that are 
not described in F-1 through F-4 above, Federal OSHA will exercise 
its jurisdiction whenever the activity occurs on or from the water, 
and OR-OSHA will exercise its jurisdiction whenever the activity 
occurs on or from the land. Each agency will address readily 
apparent hazards whether on the land or on the water, in order to 
assure the safety of all activities within the worksite. OR-OSHA 
maintains jurisdiction for all other waterfront activity not on 
navigable waters.
    F-6. U. S. Military Reservations--In an addendum to the 
Operational Status Agreement dated December 7, 1983, the Workers' 
Compensation Department relinquished back to Federal OSHA 
jurisdictional and enforcement authority for conducting safety and 
health inspections within the borders of all federal military 
reservations within the State of Oregon. All establishments and 
reservations of the U.S. Navy, Army, Air Force, Marine Corps, and 
Coast Guard are included except for private contractors working on 
U.S. Army Corp of

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Engineers' dam construction projects, including reconstruction of 
docks and other appurtenances. The State retains jurisdiction for 
these private contractor activities, subject to the provisions in F-
3. In addition, respective jurisdictional responsibilities for 
Oregon National Guard facilities are as follows:

    1. Uniformed Military personnel: Neither Federal OSHA nor OR-
OSHA has jurisdiction.
    2. Federal National Guard civilians: Federal OSHA jurisdiction.
    3. State National Guard civilians: OR-OSHA jurisdiction.
    4. Private civilians contractors: Federal OSHA jurisdiction.

    F-7. Warm Springs Indian Reservation--In the August 18, 1978, 
Federal Register (43 FR 36624) an approval of a supplement to the 
Oregon State Plan was published whereby the State of Oregon 
relinquished enforcement jurisdiction over all employment and places 
of employment on the Reservation and on Tribal Trust Lands, except 
for all employees of the State and its political subdivisions.
    F-8. Umatilla Indian Reservation--In the September 14, 1997 
Federal Register (62 FR 49908-49910) an approval of a supplement to 
the Oregon State Plan was published whereby the State of Oregon 
relinquished enforcement jurisdiction over all employment and places 
of employment on the Reservation and on Tribal Trust Lands, except 
for all employees of the State and its political subdivisions.
    F-9. All Other Indian Reservations--By an addendum to the 
Operational Status Agreement dated December 1, 1998, OR-OSHA 
relinquished back to Federal OSHA enforcement jurisdiction over all 
private sector establishments, including tribal and Indian-owned 
enterprises, on all Indian and non-Indian lands within the currently 
established boundaries of all other Indian reservations, and on 
lands outside of these reservations that are held in trust by the 
Federal government for these tribes. These reservations include but 
are not limited to reservations of the: Confederated Tribes of the 
Grand Ronde Community of Oregon (Grand Ronde Tribes); Confederated 
Tribes of Coos, Lower Umpqua and Siuslaw (Coos Tribes); Confederated 
Tribes of Siletz (Siletz Tribes); Cow Creek Band of Umpqua (Cow 
Creek); Klamath Tribe; Coquille Tribe; and Burns Paiute Tribe. 
Oregon OSHA retains enforcement jurisdiction over all employees of 
the State and its political subdivisions working on these 
reservation or trust lands. Oregon OSHA also continues to offer its 
consultation and training services to private sector establishments 
on these lands.
    F-10. Tribal or Indian Owned Businesses Outside Reservation and 
Trust Lands--Businesses owned by Indians or Indian Tribes that 
conduct work activities outside the Tribal Reservation or Trust 
Lands, are subject to the same jurisdiction as non-Indian owned 
businesses.
    F-11. Superfund Sites--As a result of Federal OSHA Instruction 
CPL 2, dated February 8, 1988, OR-OSHA has assumed jurisdiction for 
private sector employees, as well as public sector employees, at 
most Superfund Sites in the State of Oregon. Federal OSHA also 
maintains jurisdiction for all Superfund Sites on U.S. military 
reservations. Federal OSHA approved this change in the September 14, 
1997 Federal Register (62 FR 49908-49910).

    Dated: December 18, 1998.
Richard Terrill,
Regional Administrator, Occupational Safety and Health Administration, 
Department of Labor.

    Dated: December 23, 1998.
Peter DeLuca,
Administrator, Oregon Occupational Safety and Health Division, 
Department of Consumer and Business Services.
[FR Doc. 99-199 Filed 1-5-99; 8:45 am]
BILLING CODE 4510-26-P