[Federal Register Volume 65, Number 203 (Thursday, October 19, 2000)]
[Rules and Regulations]
[Pages 62610-62612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26946]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1952
North Carolina State Plan: Coverage of the American National Red
Cross; Change in Level of Federal Enforcement
AGENCY: Occupational Safety and Health Administration (OSHA), U.S.
Department of Labor.
ACTION: Final rule.
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SUMMARY: This document amends OSHA regulations to reflect the Assistant
Secretary's approval of a change to the North Carolina occupational
safety and health state plan excluding coverage of the American
National Red Cross and its facilities from the plan and assumption of
Federal enforcement authority over the American National Red Cross in
North Carolina.
EFFECTIVE DATE: October 19, 2000.
FOR FURTHER INFORMATION CONTACT: Bonnie Friedman, Director, Office of
Information and Consumer Affairs, Occupational Safety and Health
Administration, U.S. Department of Labor, Room N3637, 200 Constitution
Avenue NW., Washington, DC 20210, (202) 693-1999.
SUPPLEMENTARY INFORMATION:
A. Background
Section 18 of the Occupational Safety and Health Act of 1970 (the
Act), 29 U.S.C. 667, provides that States which wish to assume
responsibility for developing and enforcing their own occupational
safety and health standards may do so by submitting and obtaining
Federal approval of a State plan. State plan approval occurs in stages
which include initial approval under section 18(b) of the Act and,
ultimately, final approval under section 18(e).
The North Carolina State plan was initially approved on February 1,
1973 (38 FR 3041). On December 18, 1996, OSHA announced the final
approval of the North Carolina State plan pursuant to section 18(e) and
amended Subpart I of 29 CFR part 1952 to reflect the Assistant
Secretary's decision (61 FR
[[Page 62611]]
66593). As a result, Federal OSHA relinquished its authority with
regard to occupational safety and health issues covered by the North
Carolina plan. Federal OSHA retained its authority over Federal
government employers and employees; the U.S. Postal Service (USPS),
including USPS employees, and contract employees and contractor-
operated facilities engaged in USPS mail operations; private sector
maritime activities; employment on Indian reservations; enforcement
relating to any contractors or subcontractors on any Federal
establishment where the land has been ceded to the Federal Government;
railroad employment; and enforcement on military bases.
29 CFR 1952.155, which codifies OSHA's final approval decision,
provides that any hazard, industry, geographical area, operation or
facility over which the State is unable to effectively exercise
jurisdiction for reasons not related to the required performance or
structure of the plan shall be deemed to be an issue not covered by the
plan and shall be subject to Federal enforcement.
In response to jurisdictional questions raised concerning a local
chapter of the American National Red Cross, the North Carolina
Department of Labor, the State agency responsible for occupational
safety and health enforcement, sought a determination from its Attorney
General regarding the State's jurisdiction over working conditions at
American National Red Cross facilities. On February 4, 2000, the North
Carolina Attorney General's Office issued a determination which
concluded the ``Red Cross'' to be an ``instrumentality of the federal
government'' within the meaning of North Carolina General Statute
Sec. 95-128, which provides that the State Occupational Safety and
Health Act applies to all employers and employees except ``the federal
government, including its departments, agencies and
instrumentalities.'' Thus, North Carolina has concluded that it does
not have authority under State law to regulate safety and health with
regard to working conditions of employees at the American National Red
Cross. The State now has requested that such facilities be excluded
from coverage under its State plan and that Federal OSHA assume
enforcement authority.
Although Federal OSHA believes that most States with OSHA-approved
State plans have authority under State law to regulate working
conditions of employees of the American National Red Cross and that the
Red Cross is not a Federal instrumentality, North Carolina law has a
somewhat different provision which has been interpreted by the State
Attorney General's Office to preclude State OSHA coverage. Therefore,
since the State has excluded the American National Red Cross from
coverage under its plan and Federal OSHA has determined that Federal
coverage of American National Red Cross facilities would be
administratively practicable, Federal OSHA will assume jurisdiction
over the American National Red Cross facilities in North Carolina.
B. Location of Supplement for Inspection and Copying
A copy of the North Carolina Attorney General determination
referenced in this notice as well as information on the North Carolina
plan is available during normal business hours at the following
locations:
Office of State Programs, Occupational Safety and Health
Administration, U.S. Department of Labor, 200 Constitution Avenue NW,
Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health
Administration, U.S. Department of Labor, Atlanta Federal Center, 61
Forsyth Street, SW, Room 6T50, Atlanta, Georgia 30303; and
Office of the Commissioner, North Carolina Department of Labor, 4 West
Edenton Street, Raleigh, North Carolina 27601-1092.
For electronic copies of this notice, visit OSHA's Web Page at
http://www.osha.gov/.
C. 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. North Carolina's
Final Approval determination issued after an opportunity for public
comment in 1996, specifically provides that Federal standards and
enforcement will apply to safety or health issues the State is unable
to cover under its State plan, and this notice implements that
provision. Accordingly, OSHA finds that further public participation is
not necessary.
D. Decision
To assure worker protection under the OSH Act, Federal OSHA will
assume jurisdiction over the American National Red Cross and its
facilities in North Carolina. OSHA is hereby amending 29 CFR part 1952,
Subpart I, to reflect this change in the scope of the State plan and
the level of Federal enforcement in North Carolina
E. Regulatory Flexibility Act
OSHA certifies pursuant to the Regulatory Flexibility Act of 1980
(5 U.S.C. 601 et seq.) that this action will not have a significant
economic impact on a substantial number of small entities. No
additional burden will be placed upon the State government beyond the
responsibilities already assumed as part of the approved State plan.
F. Federalism
Executive Order 13132 on ``Federalism'' emphasizes consultation
between Federal agencies and the States and establishes specific review
procedures the Federal government must follow as it carries out
policies which affect State or local governments. OSHA has included in
the Supplementary Information section of today's notice a general
explanation of the relationship between Federal OSHA and the State Plan
States under the Occupational Safety and Health Act. OSHA has consulted
with the State on its decision on this issue. Although OSHA has
determined that the requirements and consultation procedures provided
in Executive Order 13132 are not applicable to State decisions on the
extent of State Plan coverage under the OSH Act which have no effect
outside the particular State, OSHA has reviewed the decision approved
today and believes it has been made in a manner consistent with the
principles and criteria set forth in the Executive Order.
This document was prepared under the direction of Charles N.
Jeffress, Assistant Secretary of Labor for Occupational Safety and
Health. It is issued under section 18 of the OSH Act, (29 U.S.C. 667),
29 CFR Part 1902, and Secretary of Labor's Order No. 1-90 (55 FR 9033).
List of Subjects in 29 CFR Part 1952
Intergovernmental relations, Law enforcement, Occupational safety
and health, Reporting and recordkeeping requirements.
Signed at Washington, D.C. this 13 day of October 2000.
Charles N. Jeffress,
Assistant Secretary.
For the reasons set out in the preamble, 29 CFR part 1952 is hereby
amended as set forth below:
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. 667); 29 CFR part
1902, Secretary of Labor's Order No. 1-90 (55 FR 9033).
[[Page 62612]]
Subpart I--North Carolina
2. Section 1952.154 is amended by revising paragraph (b) to read as
follows:
Sec. 1952.154 Final approval determination.
* * * * *
(b) Except as otherwise noted, the plan which has received final
approval covers all activities of employers and all places of
employment in North Carolina. The plan does not cover Federal
government employers and employees; the U.S. Postal Service (USPS),
including USPS employees, and contract employees and contractor-
operated facilities engaged in USPS mail operations; the American
National Red Cross; private sector maritime activities; employment on
Indian reservations; enforcement relating to any contractors or
subcontractors on any Federal establishment where the land has been
ceded to the Federal Government; railroad employment; and enforcement
on military bases.
* * * * *
3. Section 1952.155 is amended by revising paragraph (b)(1) to read
as follows:
Sec. 1952.155 Level of Federal enforcement.
* * * * *
(b)(1) In accordance with section 18(e), final approval
relinquishes Federal OSHA authority only with regard to occupational
safety and health issues covered by the North Carolina plan. OSHA
retains full authority over issues which are not subject to State
enforcement under the plan. Thus, Federal OSHA retains its authority
relative to safety and health in private sector maritime activities and
will continue to enforce all provisions of the Act, rules or orders,
and all Federal standards, current or future, specifically directed to
private sector maritime activities (occupational safety and health
standards comparable to 29 CFR Parts 1915, shipyard employment; 1917,
marine terminals; 1918, longshoring; and 1919; gear certification, as
well as provisions of general industry and construction standards (29
CFR Parts 1910 and 1926) appropriate to hazards found in these
employments); employment on Indian reservations; enforcement relating
to any contractors or subcontractors on any Federal establishment where
the land has been ceded to the Federal Government; railroad employment,
not otherwise regulated by another Federal agency; and enforcement on
military bases. Federal jurisdiction is also retained with respect to
Federal government employers and employees; the U.S. Postal Service
(USPS), including USPS employees, and contract employees and
contractor-operated facilities engaged in USPS mail operations; and the
American National Red Cross.
* * * * *
[FR Doc. 00-26946 Filed 10-18-00; 8:45 am]
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