[Federal Register Volume 69, Number 40 (Monday, March 1, 2004)]
[Notices]
[Pages 9643-9647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4450]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration


Changes to State Plans: Approval of Oregon State Standards

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

ACTION: Notice of approval of Oregon State standards.

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SUMMARY: The Occupational Safety and Health Administration (OSHA) is 
approving amendments to 18 standards promulgated by the Oregon 
Department of Consumer and Business Services pursuant to its OSHA-
approved State Plan. These amendments differ from the equivalent 
Federal standards amendments but have been determined to be ``at least 
as effective''; no concerns or objections have been brought to OSHA's 
attention regarding them.

EFFECTIVE DATE: March 1, 2004.

FOR FURTHER INFORMATION CONTACT: Barbara Bryant, Director, Office of 
State Programs, Directorate of Cooperative and State Programs, 
Occupational Safety and Health Administration, Room N-3700, 200 
Constitution Avenue, NW., Washington, DC 20210, telephone (202) 693-
2244. You may access Oregon's standards on-line, using the Oregon 
standards references noted below, by going to www.osha.gov/fso/osp/index.html and selecting ``Oregon.'' You

[[Page 9644]]

will be directed to Oregon OSHA's Web site.

SUPPLEMENTARY INFORMATION: 

I. Introduction

A. 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 Occupational Safety 
and Health Administration 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 and a description of the State's plan. Section 
1953.4(b)(1) provides that when a significant change in the Federal 
program would have an adverse impact on the ``at least as effective'' 
status of the State program if a parallel State program modification 
were not made, State adoption of a change in response to the Federal 
program change shall be required. 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. The Oregon 
plan also provides for the adoption of Federal standards as State 
standards by reference. Oregon's standards, whether identical to the 
Federal or different, are adopted pursuant to State law (ORS 
654.025(2), ORS 656.726(3) and ORS 183.335). OSHA has reviewed and 
determined that amendments to the following Oregon standards, while not 
identical to the Federal, are ``at least as effective'' as required by 
section 1953.5(a) and have not been the subject of any complaints, 
objections, or controversy brought to OSHA's attention with regard to 
their effectiveness or burden on interstate commerce (section 
1953.6(c)).

B. Standards Approved

1. Air Contaminants
    In response to revision of the Federal Air Contaminants standard 
for general industry, 29 CFR 1910.1000, as published in the Federal 
Register (58 FR 35338) on June 30, 1993, with corrections on July 27, 
1993 (58 FR 40191), and August 4, 1997 (62 FR 42018), Oregon adopted 
comparable changes as well as State-initiated changes to its Air 
Contaminants standards in Division 2/Z, General OSH Rules (OAR 437-002-
0382); Division 3/Z, Construction (OAR 437-003-1000); and Division 4/Z, 
Agriculture (OAR 437-004-9000) between November 1993 and September 2001 
under OR-OSHA Administrative Orders 17-1993, 5-1997, 6-1997, 4-2001 and 
9-2001. (When a 1992 court decision required Federal OSHA to vacate its 
1989 air contaminants standard, Oregon re-adopted its old air 
contaminants rules instead of OSHA's pre-1989 standard. When Federal 
OSHA adopted a revised standard in 1993, Oregon adopted some of the 
Federal changes but retained a number of its State-initiated 
provisions.) The State air contaminants standards for general industry 
and construction contain Permissible Exposure Limits (PELs) for 70 
chemicals for which OSHA does not have a PEL, lower PELs for 13, and 
additional ceiling limits or shorter duration levels for two chemicals. 
Oregon's air contaminants standard for agriculture contains a shorter 
list of chemicals, though with the same PELs. (See Table 1.)

       Table 1: Oregon Air Contaminants: Differences From Federal
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Industries covered: includes Construction as well as General Industry,
 plus a shorter list of chemicals for Agriculture. (Federal OSHA covers
 only General Industry.)
Added PEL: Abate, Acetylene, Allyl Glycidyl Ether (AGE), Alundum,
 Asphalt, Boron Tribromide, Butane, Butyl Lactate, Calcium Arsenate,
 Caprolactam, Corundum, Cyanogen, Dibrom, 2-N-Dibutylaminoethanol,
 Dichloroacetylene, Dichloroethyl Ether, Dicyclohexylmethane
 Diisocyanate, Dicyclohexylmethane 4,4-Diisocyanate, Diethylene
 Triamine, Diisobutyl Ketone, Dinitrobenzene, Diphenylene, Diisocyanate,
 Diphenylamine, Diquat, Ethane, Ethyl Mercaptan, Ethylene, Ethylene
 Glycol Particulate, Ethylene Glycol, Germanium Tetrahydride,
 Hexachlorocyclopentadiene, Hexafluoracetone, Hexamethylene
 Diisocyanate, 1,6 Hexamethylene Diisocyanate Based Adduct, 1,6
 Hexamethylene Diisocyanate, Hydrogen, Indene, Indium, Iron
 Pentacarbonyl, Iron Salts, Isophorone Diisocyanate, Mercury, Methane,
 Methylacrylonitrile, Methyl Bromide, Methyl 2-Cyanoacrylate,
 Methylcyclopentadienyl, Methyl Demeton, Methyl Mercaptan, Methyl
 Parathion, Methyl Silicate, Mineral Wool Fiber, MOCA, Naphthalene
 Diisocyanate, Nicotine, Nitrous Oxide, Parafin Wax Fume, Phenothiazine,
 Phenylphosphine, Propargyl Alcohol, Propylene Glycol Monomethyl Ether,
 RDX, Rosin Core Solder Pyrolysis Products, Subtilisins, Sulfur
 Tetrafluoride, Tin Oxide, Toluene Diisocyanate, Trimethyl Benzene,
 Tungsten, Vinyl Bromide
Lower PEL: Emery, 2-Ethoxyethanol (Cellosolve), Furfuryl Alcohol, Glass
 (Fibrous or dust), Isophrone, Isopropyl Ether, Methylcyclohexanol,
 Methylcyclohexanone, Octane, Pentane, Stoddard Solvent, Organo Mercury
 and Toluene
Added ceiling value: Acetic Anhydride
Shorter duration level: Carbon Disulfide
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2. Bloodborne Pathogens--Needlestick Devices
    In response to a Federal standard change, the State has submitted a 
State standard amendment on needlestick devices comparable to 29 CFR 
1910.1030, Occupational Exposure to Bloodborne Pathogens (66 FR 5318, 
January 18, 2001). The State amendment was adopted September 14, 2001, 
effective October 18, 2001, under OR-OSHA Administrative Order 10-2001, 
and is located in Division 2/Z at OAR 437-002-1910.1030. Oregon's 
standard was previously adopted by reference and contains only two 
differences added in 2001, both concerning added requirements for 
medical sharps. The State-initiated rule at OAR 437-002-1030 requires 
employee involvement in an annual review of safer medical devices, and 
requires employee training in the use of safer medical devices before 
they are used. OAR 437-002-1035 requires that any employer who is 
required to maintain an Exposure Control Plan must maintain a sharps 
injury log. (Under 29 CFR part 1904 Federal OSHA excludes small 
employers or those in low-hazard SICs from recordkeeping requirements, 
including sharps injuries.)
3. Concrete and Masonry Construction
    On its own initiative, the State adopted a change to the Concrete 
and Masonry Construction standard. The State repealed 29 CFR 
1926.706(a)(2), (5) and (b) and adopted OAR 437-003-0706 and additional 
definitions in OAR 437-003-0017 of Division 3/Q. The State amendment 
was adopted on January 30, 2003, and effective April 30, 2003, under 
OR-OSHA Administrative Order 1-2003. The State standard was originally 
approved on December 12, 1989 (54 FR 51089). Major differences from the 
Federal standard are: (1) The State addresses limited access zones for 
reinforced and non-reinforced walls separately. For non-reinforced 
walls the State standard is the same as the Federal. For reinforced 
walls, the limited access zone for the State standard extends away from 
the wall a distance equal to the height of the grout

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pour plus 4 feet. This allows the limited access zone to be extended as 
the wall gains height. The Federal standard requires the limited access 
zone to extend away from the wall a distance equal to the height of the 
wall to be constructed plus 4 feet. (2) The State also requires the 
additional safeguard of monitoring wind speeds and removing employees 
when winds exceed 34 mph. (3) The State and Federal standards have the 
same criteria for when bracing is required. However, where bracing is 
required, the State requires the employer to have a Registered 
Professional Engineer design a bracing system or follow the 
requirements in OAR 437-003-0706(4). The Federal standard requires 
walls to be adequately braced. (4) Additional definitions were adopted 
in OAR 437-003-0017.
4. Construction/Electrical
    On its own initiative, the State adopted a new rule, OAR 437-003-
0404, Branch circuits for ground-fault circuit interrupters (GFCI), in 
Division 3/K, Construction/Electrical, to replace 29 CFR 
1926.404(b)(1). The State standard is patterned after the 2002 edition 
of the National Electrical Code section 527.6. The State standard was 
adopted on May 30, 2002, and effective August 5, 2002, under OR-OSHA 
Administrative Order 5-2002. The State standard does not contain the 
two exceptions allowed in the Federal standard addressing portable and 
vehicle mounted generators and work in fixed industrial establishments.
5. Control of Hazardous Energy (Lockout/Tagout)
    On its own initiative the State adopted a change to its Control of 
Hazardous Energy (Lockout/Tagout) standard at OAR 437-002-1910.147 in 
Division 2/J. The new State-initiated rule at OAR 437-002-0154, 
Individual Locks, adds a requirement for the user (authorized employee) 
to have the only key or the only combination to each lock. Oregon's 
Control of Hazardous Energy standard was previously adopted by 
reference (except for a broader scope) and approved on April 26, 1991 
(56 FR 19383). The State amendment was adopted and effective October 
26, 2001, under OR-OSHA Administrative Order 12-2001. Oregon's standard 
covers all employers, while the federal standard (29 CFR 1910.147) 
exempts construction, agriculture and maritime employment.
6. Dipping and Coating Operations
    On its own initiative, the State repealed OAR 437-002-
1910.124(g)(2) in Division 2/H on Dipping and Coating Operations and 
replaced it with a note directing the reader to OAR 437-002-0161(5), on 
emergency eyewash and shower facilities, in Division 2/K, Medical and 
First Aid. The State amendment was adopted and effective on May 30, 
2002, under OR-OSHA Administrative Order 4-2002. The original State 
standard was identical to the OSHA standard. The State now has 
additional and more specific requirements for emergency eyewash and 
shower facilities, i.e., the location requirements for the equipment; 
the requirement to follow the manufacturer's instructions for 
installation and the manufacturer's criteria for water pressure, flow 
rate and testing; and allowing an alternative eyewash solution with the 
support of a physician board-certified in ophthalmology, toxicology or 
occupational medicine.
7. Electric Power Generation, Transmission and Distribution--Brush 
Chipping
    On its own initiative, the State adopted a change to the Brush 
Chipping requirements contained in the Electric Power Generation, 
Transmission and Distribution standards for General Industry (OAR 437 
Division 2/R) and for Construction (OAR 437 Division 3/V), comparable 
to 29 CFR 1910.269 and 1926.950. To promote consistency in Oregon 
OSHA's requirements, the State consolidated the various rules from each 
division into one rule that applies to all employees operating 
chippers. The General Industry standard at OAR 437-002-1910.269(r)(2) 
was repealed and OAR 437-002-0310(6) (located in Tree and Shrub 
Services and referenced under Electric Power Generation) was adopted; 
and in Construction, OAR 437-003-0660 and 437-003-0730 through 0765 
were repealed and OAR 437-003-0707 was adopted. The State brush 
chipping standard has additional requirements not contained in the OSHA 
standards, such as strength requirements for the knife guards, having a 
coworker in the immediate vicinity when feeding the chipper, and 
chipper feeding requirements. The State standard was previously 
approved on August 25, 2000 (65 FR 51855). The State amendments were 
adopted and effective April 6, 2001, under OR-OSHA Administrative Order 
5-2001.
8. Material Handling Equipment--Personnel Platforms
    The State has adopted a State-initiated rule for Personnel 
Platforms at OAR 437-003-0094 amending Oregon's adoption by reference 
in Division 3/O of the Material Handling Equipment standards at 29 CFR 
1926.602. Oregon's standard was previously approved by OSHA on July 17, 
1987 (52 FR 27077). The new rule adds equipment and operator 
requirements for personnel platforms on lift trucks when there are no 
controls at the platform. It was adopted and effective May 26, 1999, 
under Administrative Order 6-1999.
9. Material Handling and Storage--Slings
    On its own initiative, the State has adopted a change related to 
Slings in Division 2/N, Material Handling and Storage, comparable to 29 
CFR 1910.184. This amendment revises the chain sling requirement at OAR 
437-002-0235 to allow other types of chains for lifting in processes 
where the use of alloy chains is more hazardous. Oregon's Material 
Handling and Storage standard was previously approved on August 25, 
2000 (65 FR 51857). The State amendment was adopted and effective on 
October 26, 2001, under OR-OSHA Administrative Order 12-2001.
10. Medical Services and First Aid
    On its own initiative, the State has adopted amendments at OAR 437-
022-0161 (in Division 2/K) comparable to 29 CFR 1910.151, Medical 
Services and First Aid. Oregon's standard was previously approved on 
March 16, 1976 (41 FR 11087). The current amendments were adopted and 
effective February 3, 1993, and January 28, 2000, under Administrative 
Orders 2-1993 and 1-2000. Differences include changed definitions, a 
requirement for employers to determine the first aid supplies required 
at the workplace based upon the intended use and types of injuries that 
may occur, clearer criteria for eyewash and showers, alternate eye 
treatment when approved by a specified physician, and a requirement to 
follow information on the Material Safety Data Sheets or the 
manufacturer's direction for treating contamination of the eye or body.
11. Ornamental Tree and Shrub Services
    In response to Federal comments, the State has submitted changes to 
its independent Ornamental Tree and Shrub Services standard in Division 
2/R at OAR 437-002-0301, adopted and effective February 16, 1996, under 
OR-OSHA Administrative Order 1-1996. The State's new Tree and Shrub 
Services standard had been adopted December 21, 1990 and effective 
February 1, 1991, under Administrative Order 27-1990. It excludes 
agricultural crops and crop services, but includes line clearance and 
telecommunication

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line clearance activities contained in 29 CFR 1910.268(q).
12. Personal Protective Equipment
    a. On its own initiative the State has adopted a standard for High 
Visibility Garments. The State's submittal adds OAR 437-002-0128 to 
requirements in Division 2/I, General Industry Personal Protective 
Equipment, and adds OAR 437-003-0128 to Division 3/C, Construction. The 
State standard was adopted November 7, 2000 and effective April 1, 
2001, under OR-OSHA Administrative Order 10-2000. OSHA does not have a 
similar standard in the 29 CFR 1910 General Industry standards and the 
OSHA construction standard at 29 CFR 1926.201(a)(4) only applies to 
flaggers, whereas the State standard applies to any employee exposed to 
hazards caused by moving vehicles.
    b. On its own initiative, the State has adopted a change to its 
General Industry and Agriculture personal protective equipment 
requirements when working on or over water. OSHA does not have a 
similar standard for General Industry or Agriculture. The new General 
Industry amendment in Division 2/I at OAR 437-002-0139 and 1139 
reflects current practices and technology, and the Agriculture 
amendment in Division 4/I at OAR 437-004-1070 and 1075 restores and 
updates standards that were erroneously left out during a previous 
rewrite of the standard. Both require persons working on or over water 
to wear personal flotation devices. The State amendments were adopted 
January 18, 2001, and effective March 1, 2001, under OR-OSHA 
Administrative Order 1-2001.
    c. The State also adopted a change in Division 2/I that added notes 
clarifying the application of the hazard assessment and training 
requirements, and added a requirement at OAR 437-002-0137(3) for leg 
protection when using chain saws. OSHA does not have a similar standard 
for General Industry. The State amendments were adopted and effective 
on October 26, 2001, under OR-OSHA Administrative Order 12-2001. 
Oregon's Personal Protective Equipment standard was previously approved 
on July 31, 1995 (60 FR 36009).
13. Portable and Fixed Ladders
    On its own initiative, the State has repealed its standard for 
extension ladders, portable wood and metal ladders, and fixed ladders 
comparable to 29 CFR 1910.25--1910.26, and adopted new standards in 
Division 2/D at OAR 437-002-0026, Portable Ladders, and OAR 437-002-
0027, Fixed Ladders. The State's repeal and adoption were effective 
September 10, 1999, under OR-OSHA Administrative Order 10-1999. 
Differences from the Federal standard include: The standards were re-
written in clearer language and added coverage of reinforced plastic 
ladders to the portable ladders provisions. Detailed language on the 
design and construction of ladders was replaced with the requirement 
that the ladders meet the respective ANSI standard. Basic use and care 
requirements are grouped by type of ladder rather than the material 
from which it is made. Fixed ladder requirements were changed to meet 
the newest edition of ANSI for fixed ladders (A 14.3-1992), which 
changes the requirements for landing platforms, cages and climbing 
safety devices.
14. Powered Industrial Trucks
    On its own initiative, the State has adopted a re-codification and 
amendment of the State standard for Powered Industrial Trucks, OAR 437-
02-1910.178 (in Division 2/N), adopted August 20, 1993, and effective 
November 1, 1993, under Administrative Order 13-1993. The State 
repealed OAR 437-63, Powered Industrial Trucks, in its entirety, and 
adopted by reference the Federal standard at 29 CFR 1910.178, except 
for 1910.178(e)(1), Safety Guards on High Lift Rider Trucks. This 
section was replaced with previously approved OAR 437-63-260(1), which 
was also amended and re-codified as OAR 437-002-227(1)(a), (b), and 
(c). Instead of adopting OSHA's requirement for an overhead guard on 
high lift rider trucks to be manufactured in accordance with a 1969 
ANSI standard, Oregon's standard contains specific requirements for 
these guards.
15. Pulp, Paper and Paperboard Mills
    On its own initiative, the State has adopted standard amendments at 
OAR 437-002-312 (in Division 2/R) comparable to 29 CFR 1910.261, Pulp, 
Paper and Paperboard Mills. Oregon's original standard received OSHA 
approval (42 FR 38026) on July 26, 1977, and was re-codified and 
approved (52 FR 27077) on July 17, 1987. The current amendments were 
adopted on November 4, 1994 (effective January 3, 1995), and January 
14, 2001 (effective February 5, 2001), under OR-OSHA Administrative 
Orders 7-1994 and 2-2001. The 2001 change was a corrective amendment 
that made one provision identical to the Federal: Oregon removed one 
paragraph, at OAR 437-002-0312(4)(j)(C), which makes the State's 
requirement at OAR 437-002-312(4)(j) concerning worker entry into chip 
and sawdust bins identical to 29 CFR 1910.261(c)(9). The standard 
contains additional requirements previously approved by OSHA concerning 
employee training, blow lines, exhaust systems for chlorine and 
chlorine dioxide, and handling sodium chlorate. Differences from the 
Federal standard effective since 1995 are: the State requires employers 
to follow 1910.147, Control of Hazardous Energy; updates the referenced 
ANSI standards to the most recent editions; and adds some ANSI 
standards not contained in the Federal standard. The most recent ANSI 
standards reflect more current industry practices.
16. Signs, Signals and Barricades
    In response to a Federal standard change, the State submitted a 
State standard amendment comparable to 29 CFR 1926.200, .201 and .202, 
Accident Prevention Signs and Tags, Signaling and Barricades, as 
published in the Federal Register on September 12, 2002 (67 FR 57736). 
The State did not adopt the Federal provisions at 1926.200(g)(2), 
Traffic Signs, 1926.201, Signaling, and 1926.202, Barricades, and 
instead amended its Division 3/G, OAR 437-003-0420, Traffic Control 
construction standard, which includes rules for signaling and the use 
of flaggers and for using barricades for protection of workers. The 
State also revised Division 2/N, General Industry rules for Commercial 
and Industrial Vehicles standard, OAR 437-002-0223(23), Warning 
Devices, to reflect the same updated language requiring adequate and 
appropriate traffic controls as found in the Construction standard. The 
State amendments were adopted and effective on January 30, 2003, under 
OR-OSHA Administrative Order 2-2003. Differences are: The State has 
adopted the same rules for general industry, while the Federal standard 
lacks a companion rule for general industry. The State requires 
conformance with the Millenium Edition, December 2000, of the Manual of 
Uniform Traffic Control Devices (MUTCD) while Federal OSHA also allows 
the option of complying with the September 3, 1993, revision of the 
1988 MUTCD.
17. Spray Finishing
    On its own initiative, the State submitted changes to its Spray 
Finishing standard. The State removed OAR 437-002-1910.94(c) and OAR 
437-002-1910.107 on spray finishing and replaced them with OAR 437-002-
0107, Spray Finishing, in Division 2/H. The purpose of the change was 
to consolidate the two rules in one place and make the rules easier to 
understand. The amendment was adopted and

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effective on April 21, 2003, under OR-OSHA Administrative Order 3-2003. 
The State standards at 1910.94(c) and 1910.107 had previously been 
adopted by reference with additional State requirements and approved on 
August 25, 2000 (65 FR 51857). OSHA has determined the following 
differences between the State and Federal standards: The State standard 
combines the requirements for spraying flammable or combustible 
materials and materials that are not flammable or combustible into one 
standard. The State also has kept some of its previously approved rules 
that were not part of the Federal standard. Language was also added 
that allows for alternatives to certain requirements when written 
authorization is obtained from the local fire authority. The State has 
additional definitions such as ``infrequent and of short duration'', 
``non-combustible materials'' and ``overspray''. The State standard 
requires all employees engaged in spray finishing operations to be 
provided with and wear respiratory protection unless exhaust 
ventilation is provided and reduces employee exposure to any material 
or finish or its solvent to below the PEL. The State standard considers 
spray booths constructed in accordance with the Oregon Building Codes 
Division to be in compliance with the standards. The State adopted the 
more current consensus industry standards such as requiring a 4\1/2\-
inch metal deflector on the upper outer edge of the spray booth, which 
is the current requirement in the Uniform Fire Code, rather than the 
2\1/2\-inch deflector required by OSHA. The standard was also written 
in language that is easier to understand.
18. Telecommunications
    In response to Federal comments, the State has submitted changes to 
its Telecommunications standard in Division 2/R comparable to 29 CFR 
1910.168, adopted and effective April 30, 1999, under OR-OSHA 
Administrative Order 3-1999. The State had previously adopted by 
reference on August 4, 1993, effective October 1, 1993 (Administrative 
Order 11-1993), most of 29 CFR 1910.268, Telecommunications. An Oregon-
initiated rule at OAR 437-002-0316 covered seven Telecommunications 
provisions not adopted, as well as some additional State requirements. 
In response to Federal comments, the State adopted by reference two of 
the federal Telecommunications provisions, concerning rubber insulating 
equipment and tree trimming electrical hazards, that were not adopted 
in 1993, and repealed a provision and Note in OAR 437-002-0316 
concerning tree trimming electrical hazards. Current differences are: 
The general Medical Services and First Aid requirements contained in 
OAR 437-002-0161 are referenced rather than adopting the specific 
requirements contained in 1910.268(b)(3); the employer must make a 
complete evaluation of the work location before work is performed; all 
equipment, tools and safety devices must be installed, used and 
operated in accordance with the manufacturer's recommendations and 
operating instructions; safety straps must be lashed around the top 
rung of ladders when ladder hooks are used; there are standards for use 
of chain saws; employees operating cranes and derricks must be trained 
in accordance with OAR 437-002-0229(2); there are standards addressing 
fiber optic/light wave transmission; and additional definitions.

II. Decision

    After review, OSHA has determined that the State standards 
amendments for Air Contaminants; BloodbornePathogens--Needlestick 
Devices; Concrete and Masonry Construction; Construction/Electrical; 
Control of Hazardous Energy (Lockout/Tagout); Dipping and Coating 
Operations; Electric Power Generation, Transmission and Distribution--
Brush Chipping; Material Handling Equipment--Personnel Platforms; 
Material Handling and Storage--Slings; Medical Services and First Aid; 
Ornamental Tree and Shrub Services; Personal Protective Equipment; 
Portable and Fixed Ladders; Powered Industrial Trucks; Pulp, Paper and 
Paperboard Mills; Signs, Signals and Barricades; Spray Finishing; and 
Telecommunications are at least as effective as the comparable Federal 
standards and/or compliance policies, as required by section 18(c)(2) 
of the Act and 29 CFR 1902.3(c) and 1953.5(a). OSHA has received no 
comments, complaints or concerns about these different State standards 
either as to their effectiveness in comparison to the Federal standards 
or as to their 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.

III. Location of Basic State Plan Documentation

    Copies of basic State plan documentation are maintained at the 
following locations; specific documents are available upon request, 
including a copy of these State standards and comparison to the Federal 
standards. Contact the Office of the Regional Administrator, 
Occupational Safety and Health Administration, 1111 Third Avenue, Suite 
715, Seattle, Washington 98101-3212, (206) 553-5930, fax (206) 553-
6499; Oregon Occupational Safety and Health Division, Department of 
Consumer and Business Services, Salem, Oregon 97310, (503) 378-3272, 
fax (503) 947-7461; and the Office of State Programs, Occupational 
Safety and Health Administration, 200 Constitution Avenue, NW., Room 
N3700, Washington, DC 20210, (202) 693-2244, fax (202) 693-1671. 
Oregon's current standards are posted on the State's Web site at 
www.cbs.state.or.us/external/osha/standards/standards.htm. An 
electronic copy of this Federal Register notice is available on OSHA's 
Web site, www.osha.gov.

IV. Public Participation

    Under 29 CFR 1953.3(e), 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 standard amendments are as effective as the Federal 
standards which were promulgated in accordance with Federal law, 
including meeting requirements for public participation.
    2. The standard amendments were adopted in accordance with the 
procedural requirements of State law and further opportunity for public 
comment is unnecessary in light of the non-controversial nature of the 
standards.
    This notice is issued pursuant to section 18 of the Occupational 
Safety and Health Act of 1970, Pub. L. 91-596, 84 Stat. 6108 (29 U.S.C. 
667).

    Signed in Seattle, Washington, this 28th day of January, 2004.
Richard S. Terrill,
Regional Administrator.
[FR Doc. 04-4450 Filed 2-27-04; 8:45 am]
BILLING CODE 4510-26-P