Hawaii State Plan for Occupational Safety and Health; Operational Status Agreement, 45316-45317 [2017-20760]
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Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Notices
submissions by uploading document
files electronically. If you wish to mail
additional materials in reference to an
electronic or facsimile submission, you
must submit them to the OSHA Docket
Office (see the section of this notice
titled ADDRESSES). The additional
materials must clearly identify your
electronic comments by your name,
date, and the docket number so the
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Because of security procedures, the
use of regular mail may cause a
significant delay in the receipt of
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delivery, messenger, or courier service,
please contact the OSHA Docket Office
at (202) 693–2350, (TTY (877) 889–
5627).
Comments and submissions are
posted without change at https://
www.regulations.gov. Therefore, OSHA
cautions commenters about submitting
personal information such as social
security numbers and date of birth.
Although all submissions are listed in
the https://www.regulations.gov index,
some information (e.g., copyrighted
material) is not publicly available to
read or download through this Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Information on using the https://
www.regulations.gov Web site to submit
comments and access the docket is
available at the Web site’s ‘‘User Tips’’
link. Contact the OSHA Docket Office
for information about materials not
available through the Web site, and for
assistance in using the Internet to locate
docket submissions.
V. Authority and Signature
Loren Sweatt, Deputy Assistant
Secretary of Labor for Occupational
Safety and Health, directed the
preparation of this notice. The authority
for this notice is the Paperwork
Reduction Act of 1995 (44 U.S.C. 3506
et seq.) and Secretary of Labor’s Order
No. 1–2012 (77 FR 3912).
Signed at Washington, DC, on September
19, 2017.
Loren Sweatt,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2017–20771 Filed 9–27–17; 8:45 am]
BILLING CODE 4510–26–P
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DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket ID OSHA–2012–0029]
Hawaii State Plan for Occupational
Safety and Health; Operational Status
Agreement
Occupational Safety and Health
Administration, Department of Labor.
ACTION: Notice.
AGENCY:
This document announces a
new Operational Status Agreement
between the Occupational Safety and
Health Administration (OSHA) and the
Hawaii State Plan. This agreement
specifies the respective areas of federal
and state authority, and under which
Hawaii will reassume enforcement
coverage in the private sector.
DATES: Effective September 28, 2017.
FOR FURTHER INFORMATION CONTACT: For
press inquiries: Francis Meilinger,
OSHA Office of Communications;
telephone (202) 693–1999; email:
meilinger.francis2@dol.gov.
For general and technical information:
Douglas J. Kalinowski, Director, OSHA
Directorate of Cooperative and State
Programs; telephone: (202) 693–2200;
email: kalinowski.doug@dol.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Hawaii administers an OSHAapproved State Plan to develop and
enforce occupational safety and health
standards for public-sector and privatesector employers, pursuant to the
provisions of Section 18 of the
Occupational Safety and Health Act
(OSH Act), 29 U.S.C. 667. Pursuant to
Section 18(e) of the Act, OSHA granted
Hawaii ‘‘final approval’’ in 1984 (49 FR
19182, May 4, 1984). A final approval
determination results in the
relinquishment of federal concurrent
enforcement authority in the state with
respect to occupational safety and
health issues covered by the plan, 29
U.S.C. 667(e).
During the period 2009–2012, the
Hawaii State Plan faced major budgetary
and staffing restraints that significantly
affected its program. Therefore, the
Hawaii Director of Labor and Industrial
Relations requested a temporary
modification of the State Plan’s
approval status from final approval to
initial approval, to permit exercise of
supplemental federal enforcement
activity and to allow Hawaii sufficient
time and assistance to strengthen its
State Plan. On September 21, 2012,
OSHA published a Final Rule in the
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Fmt 4703
Sfmt 4703
Federal Register (77 FR 58488) that
modified the Hawaii State Plan’s ‘‘final
approval’’ determination under Section
18(e) of the Act, transitioned the Plan to
‘‘initial approval’’ status under Section
18(b) of the Act, and reinstated
concurrent federal enforcement
authority over occupational safety and
health issues in the private sector. That
Federal Register notice also provided
notice of the Operational Status
Agreement (OSA) between OSHA and
the Hawaii Occupational Safety and
Health Division (HIOSH), which
specified the respective areas of federal
and state authority.
HIOSH and OSHA have since worked
together to strengthen the State Plan,
and HIOSH has achieved the milestones
established to resume practically all
private-sector enforcement authority.
Notice of New Operational Status
Agreement
OSHA and HIOSH signed a new OSA
on April 13, 2017, which replaced the
prior 2012 OSA. Federal OSHA and
HIOSH will exercise their respective
enforcement authorities according to the
terms of the 2017 OSA between OSHA
and HIOSH, which specifies the
respective areas of federal and state
authority. Among other things, Federal
OSHA retains coverage over all federal
employees, contractors, and
subcontractors at Hawaii National Parks
and on any other federal establishment
where the land is determined to be
under exclusive federal jurisdiction;
private-sector maritime activities;
private-sector employees within the
secured borders of all military
installations where access is controlled;
the U.S. Postal Service, its contract
workers, and contractor-operated
facilities; and the enforcement of
Section 11(c) of the Act, 29 U.S.C.
660(c), the Act’s whistleblower
provision. The Hawaii State Plan retains
coverage over all state and local
government employers and regains
coverage over all private-sector
employers not covered by federal
OSHA, including marine construction
not performed on vessels or other
floating facilities. For further
information please visit https://
www.osha.gov/dcsp/osp/stateprogs/
hawaii.html.
Authority and Signature
Loren Sweatt, Deputy Assistant
Secretary of Labor for Occupational
Safety and Health, U.S. Department of
Labor, authorized the preparation of this
notice. OSHA is issuing this notice
under the authority specified by Section
18 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 667),
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Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Notices
Secretary of Labor’s Order No. 1–2012
(76 FR 3912), and 29 CFR part 1902.
Signed in Washington, DC, on September
21, 2017.
Loren Sweatt,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2017–20760 Filed 9–27–17; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2011–0062]
Powered Industrial Trucks Standard;
Extension of the Office of Management
and Budget’s (OMB) Approval of
Information Collection (Paperwork)
Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comments.
AGENCY:
OSHA solicits public
comments concerning its proposal to
extend the Office of Management and
Budget’s (OMB) approval of the
information collection requirements
specified in the Powered Industrial
Trucks Standard. The information
collection requirements address truck
design, construction and modification,
as well as certification of training and
evaluation for truck operators.
DATES: Comments must be submitted
(postmarked, sent, or received) by
November 27, 2017.
ADDRESSES:
Electronically: You may submit
comments and attachments
electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
Facsimile: If your comments,
including attachments, are not longer
than 10 pages you may fax them to the
OSHA Docket Office at (202) 693–1648.
Mail, hand delivery, express mail,
messenger, or courier service: When
using this method, you must submit a
copy of your comments and attachments
to the OSHA Docket Office, Docket No.
OSHA–2011–0062, Occupational Safety
and Health Administration, U.S.
Department of Labor, Room N–3653,
200 Constitution Avenue NW.,
Washington, DC 20210. Deliveries
(hand, express mail, messenger, and
courier service) are accepted during the
Docket Office’s normal business hours,
10:00 a.m. to 3:00 p.m., ET.
Instructions: All submissions must
include the Agency name and the OSHA
SUMMARY:
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docket number (OSHA–2011–0062) for
the Information Collection Request
(ICR). All comments, including any
personal information you provide, are
placed in the public docket without
change, and may be made available
online at https://www.regulations.gov.
For further information on submitting
comments, see the ‘‘Public
Participation’’ heading in the section of
this notice titled SUPPLEMENTARY
INFORMATION.
Docket: To read or download
comments or other material in the
docket, go to https://www.regulations.gov
or the OSHA Docket Office at the
address above. All documents in the
docket (including this Federal Register
notice) are listed in the https://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download from the Web site. All
submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
You may also contact Theda Kenney at
the address below to obtain a copy of
the ICR.
FOR FURTHER INFORMATION CONTACT:
Theda Kenney or Todd Owen,
Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor;
telephone (202) 693–2222.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of its
continuing effort to reduce paperwork
and respondent (i.e., employer) burden,
conducts a preclearance consultation
program to provide the public with an
opportunity to comment on proposed
and continuing information collection
requirements in accord with the
Paperwork Reduction Act of 1995 (PRA)
(44 U.S.C. 3506(c)(2)(A)). This program
ensures that information is in the
desired format, reporting burden (time
and costs) is minimal, collection
instruments are clearly understood, and
OSHA’s estimate of the information
collection burden is accurate. The
Occupational Safety and Health Act of
1970 (the OSH Act) (29 U.S.C. 651 et
seq.) authorizes information collection
by employers as necessary or
appropriate for enforcement of the OSH
Act or for developing information
regarding the causes and prevention of
occupational injuries, illnesses, and
accidents (29 U.S.C. 657). The OSH Act
also requires that OSHA obtain such
information with minimum burden
upon employers, especially those
operating small businesses, and to
reduce to the maximum extent feasible
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45317
unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
Paragraph (a)(4) of the Powered
Industrial Trucks Standard requires
employers to obtain the manufacturer’s
written approval before modifying a
truck in a manner that affects its
capacity and safe operation; if the
manufacturer grants such approval, the
employer must revise capacity,
operation, and maintenance instruction
plates, tags, and decals accordingly. For
front-end attachments not installed by
the manufacturer, paragraph (a)(5)
mandates that employers provide a
marker on the trucks that identifies the
attachment, as well as the weight of
both the truck and the attachment when
the attachment is at maximum elevation
with a laterally centered load. Paragraph
(a)(6) specifies that employers must
ensure that the markers required by
paragraphs (a)(3) through (a)(5) remain
affixed to the trucks and are legible.
Paragraphs (1)(4) and (1)(6) of the
Standard contain the paperwork
requirements necessary to certify the
evaluation and training provided to
powered industrial truck operators.
Accordingly, these paragraphs specify
the following requirements for
employers.
• Paragraph (1)(4)(iii)—Evaluate each
operator’s performance at least once
every three years.
• Paragraph (l)(6)—Certify that each
operator meets the training and
evaluation requirements specified by
paragraph (l). This certification must
include the operator’s name, the
training date, the evaluation date, and
the identity of the individual(s) who
performed the training and evaluation.
Requiring labels (markings) on
modified equipment notifies workers of
the conditions under which they can
safely operate powered industrial
trucks, thereby preventing such hazards
as fires and explosions caused by poorly
designed electrical systems, rollovers/
tipovers that result from exceeding a
truck’s stability characteristics, and
falling loads that occur when loads
exceed the lifting capacities of
attachments. Certification of worker
training and evaluation provides a
means of informing employers that their
workers received the training and
demonstrated the performance
necessary to operate a truck within its
capacity and control limitations. By
ensuring that workers operate only
trucks that are in proper working order,
and do so safely, employers prevent
possible severe injury or death of truck
operators and other workers who are in
the vicinity of the trucks. Finally, these
paperwork requirements are the most
efficient means for an OSHA
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]]>Agencies
[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Notices]
[Pages 45316-45317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20760]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket ID OSHA-2012-0029]
Hawaii State Plan for Occupational Safety and Health; Operational
Status Agreement
AGENCY: Occupational Safety and Health Administration, Department of
Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This document announces a new Operational Status Agreement
between the Occupational Safety and Health Administration (OSHA) and
the Hawaii State Plan. This agreement specifies the respective areas of
federal and state authority, and under which Hawaii will reassume
enforcement coverage in the private sector.
DATES: Effective September 28, 2017.
FOR FURTHER INFORMATION CONTACT: For press inquiries: Francis
Meilinger, OSHA Office of Communications; telephone (202) 693-1999;
email: meilinger.francis2@dol.gov.
For general and technical information: Douglas J. Kalinowski,
Director, OSHA Directorate of Cooperative and State Programs;
telephone: (202) 693-2200; email: kalinowski.doug@dol.gov.
SUPPLEMENTARY INFORMATION:
Background
Hawaii administers an OSHA-approved State Plan to develop and
enforce occupational safety and health standards for public-sector and
private-sector employers, pursuant to the provisions of Section 18 of
the Occupational Safety and Health Act (OSH Act), 29 U.S.C. 667.
Pursuant to Section 18(e) of the Act, OSHA granted Hawaii ``final
approval'' in 1984 (49 FR 19182, May 4, 1984). A final approval
determination results in the relinquishment of federal concurrent
enforcement authority in the state with respect to occupational safety
and health issues covered by the plan, 29 U.S.C. 667(e).
During the period 2009-2012, the Hawaii State Plan faced major
budgetary and staffing restraints that significantly affected its
program. Therefore, the Hawaii Director of Labor and Industrial
Relations requested a temporary modification of the State Plan's
approval status from final approval to initial approval, to permit
exercise of supplemental federal enforcement activity and to allow
Hawaii sufficient time and assistance to strengthen its State Plan. On
September 21, 2012, OSHA published a Final Rule in the Federal Register
(77 FR 58488) that modified the Hawaii State Plan's ``final approval''
determination under Section 18(e) of the Act, transitioned the Plan to
``initial approval'' status under Section 18(b) of the Act, and
reinstated concurrent federal enforcement authority over occupational
safety and health issues in the private sector. That Federal Register
notice also provided notice of the Operational Status Agreement (OSA)
between OSHA and the Hawaii Occupational Safety and Health Division
(HIOSH), which specified the respective areas of federal and state
authority.
HIOSH and OSHA have since worked together to strengthen the State
Plan, and HIOSH has achieved the milestones established to resume
practically all private-sector enforcement authority.
Notice of New Operational Status Agreement
OSHA and HIOSH signed a new OSA on April 13, 2017, which replaced
the prior 2012 OSA. Federal OSHA and HIOSH will exercise their
respective enforcement authorities according to the terms of the 2017
OSA between OSHA and HIOSH, which specifies the respective areas of
federal and state authority. Among other things, Federal OSHA retains
coverage over all federal employees, contractors, and subcontractors at
Hawaii National Parks and on any other federal establishment where the
land is determined to be under exclusive federal jurisdiction; private-
sector maritime activities; private-sector employees within the secured
borders of all military installations where access is controlled; the
U.S. Postal Service, its contract workers, and contractor-operated
facilities; and the enforcement of Section 11(c) of the Act, 29 U.S.C.
660(c), the Act's whistleblower provision. The Hawaii State Plan
retains coverage over all state and local government employers and
regains coverage over all private-sector employers not covered by
federal OSHA, including marine construction not performed on vessels or
other floating facilities. For further information please visit https://www.osha.gov/dcsp/osp/stateprogs/hawaii.html.
Authority and Signature
Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational
Safety and Health, U.S. Department of Labor, authorized the preparation
of this notice. OSHA is issuing this notice under the authority
specified by Section 18 of the Occupational Safety and Health Act of
1970 (29 U.S.C. 667),
[[Page 45317]]
Secretary of Labor's Order No. 1-2012 (76 FR 3912), and 29 CFR part
1902.
Signed in Washington, DC, on September 21, 2017.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-20760 Filed 9-27-17; 8:45 am]
BILLING CODE 4510-26-P
