Oregon State Plan: Approval of Oregon State Standards, 23886-23888 [05-8918]
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23886
Federal Register / Vol. 70, No. 86 / Thursday, May 5, 2005 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 701–TA–384 and 731–TA–
806–808 (Review)]
Certain Hot-Rolled Flat-Rolled CarbonQuality Steel Products From Brazil,
Japan, and Russia
Determination
On the basis of the record 1 developed
in the subject five-year reviews, the
United States International Trade
Commission (Commission) determines,
pursuant to section 751(c) of the Tariff
Act of 1930 (19 U.S.C. 1675(c)) (the
Act), that revocation of the antidumping
duty and countervailing duty orders on
certain hot-rolled flat-rolled carbonquality steel products from Brazil and
Japan, and termination of the suspended
antidumping duty investigation on
imports of certain hot-rolled flat-rolled
carbon-quality steel products from
Russia, would be likely to lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time.2
Background
The Commission instituted these
reviews on May 3, 2004 (69 FR 24189),
and determined on August 6, 2004, that
it would conduct full reviews (69 FR
52525, August 26, 2004). Notice of the
scheduling of the Commission’s reviews
and of a public hearing to be held in
connection therewith was given by
posting copies of the notice in the Office
of the Secretary, U.S. International
Trade Commission, Washington, DC,
and by publishing the notice in the
Federal Register on September 9, 2004
(69 FR 54701). The hearing was held in
Washington, DC, on March 2, 2005, and
all persons who requested the
opportunity were permitted to appear in
person or by counsel.
The Commission transmitted its
determination in these reviews to the
Secretary of Commerce on April 28,
2005. The views of the Commission are
contained in USITC Publication 3767
(April 2005), entitled Certain Hot-Rolled
Flat-Rolled Carbon-Quality Steel
Products from Brazil, Japan, and Russia
(Inv. Nos. 701–TA–384 and 731–TA–
806–808 (Review)).
By order of the Commission.
1 The record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2 Vice Chairman Deanna Tanner Okun and
Commissioner Daniel R. Pearson dissenting.
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Issued: April 28, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05–8969 Filed 5–4–05; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
Oregon State Plan: Approval of Oregon
State Standards
Occupational Safety and Health
Administration (OSHA), Labor.
AGENCY:
Approval of Oregon State
standards for fall protection, forest
activities and steel erection.
ACTION:
SUMMARY: The Occupational Safety and
Health Administration (OSHA) is
approving three standards: fall
protection, forest activities and steel
erection, promulgated by the Oregon
Department of Consumer and Business
Services pursuant to its OSHA-approved
state plan. These standards differ from
the equivalent federal standards but
have been determined to be ‘‘at least as
effective’’ as the federal standards.
On August 9, 2004, OSHA published
a Federal Register notice (69 FR 48253)
requesting public comment on whether
the Oregon standards met both the ‘‘at
least as effective’’ criterion and product
clause tests of Section 18(c)(2) of the
Occupational Safety and Health Act.
This notice invited interested persons to
submit by September 8, 2004, written
comments and views regarding the
Oregon state standards and whether
they should be approved by the
Regional Administrator. OSHA received
two comments in response to the fall
protection standard.
DATES:
Effective Date: May 5, 2005.
FOR FURTHER INFORMATION CONTACT:
Barbara Bryant, Director, Office of State
Programs, Directorate of Cooperative
and State Programs, Occupational Safety
and Health Administration, Room
N3700, 200 Constitution Avenue, NW.,
Washington, DC 20210, telephone (202)
693–2244. You may access Oregon’s
standards on the state’s Web page at
https://www.cbs.state.or.us/external/
osha/standards/standards. You may
also access electronic copies of this
Federal Register notice, as well as
federal OSHA standards, on OSHA’s
Web page at https://www.osha.gov.
SUPPLEMENTARY INFORMATION:
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I. Introduction
A. Background
The requirements for adoption and
enforcement of safety and health
standards by a state with a state plan
approved under Section 18(b) of the Act
(29 U.S.C. 667) are set forth in Section
18(c)(2) of the Act and in 29 CFR 1902,
1952.7, 1953.4, 1953.5 and 1953.6.
OSHA regulations require that states
respond to the adoption of new or
revised permanent federal standards by
state promulgation of comparable
standards within six months of OSHA
publication in the Federal Register (29
CFR 1953.5(a)). Independent state
standards must be submitted for OSHA
review and approval. Newly adopted
state standards must be submitted for
OSHA review and approval under
procedures set forth in 29 CFR part
1953, but are enforceable by the state
upon adoption and prior to Federal
review and approval.
Section 18(c)(2) of the Act provides
that if state standards which are not
identical to Federal standards are
applicable to products which are
distributed or used in interstate
commerce, such standards must be
required by compelling local conditions
and must not unduly burden interstate
commerce. (This latter requirement is
commonly referred to as the ‘‘product
clause’’).
On December 28, 1972, notice was
published in the Federal Register (37
FR 286228) 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. The Oregon plan provides for the
adoption of state standards that are ‘‘at
least as effective’’ as comparable federal
standards promulgated under Section 6
of the Act. The Administrator of the
Oregon Occupational Safety and Health
Division (OR–OSHA), Department of
Consumer and Business Services, is
empowered to create, adopt, modify,
and repeal rules and regulations
governing occupational safety and
health standards following public notice
and a hearing in conformance with the
state’s Administrative Procedures Act.
Public notice describing the subject
matter of the proposed rule, and where
and when the hearing will occur, must
be published in the state newspapers at
least 30 days in advance of the hearing.
The Administrator considers all
recommendations by any member of the
public in the promulgation process.
Whenever the Administrator adopts a
standard, the effective date is usually 30
days after signing.
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Federal Register / Vol. 70, No. 86 / Thursday, May 5, 2005 / Notices
state’s different standard as to its
effectiveness in comparison to the
federal standard.
B. Standards Approved
1. Fall Protection
In response to the promulgation of the
federal fall protection standard for
construction at 29 CFR 1926.500–503
and appendices (1926 Subpart M), as
published in the Federal Register (59
FR 40672) on August 9, 1994, with
amendments on January 26, 1995 (60 FR
5131), August 2, 1995 (60 FR 39254) and
January 18, 2001 (66 FR 5317), Oregon
adopted OAR–003–1926.400 (Division
3/M) under Administrative Order 6–
1995, on April 18, 1995, with
amendments made on September 15,
1997, February 8, 2000, February 5,
2001, April 15, 2002, and July 19, 2002,
under Administrative Orders 7–1997, 3–
2000, 3–2001, 3–2002 and 6–2002.
The federal provisions at 29 CFR
1926.501(b)(1) through (b)(15) generally
require employers to use conventional
fall protection to protect employees
from fall hazards at heights of six feet
or more, though for many work
activities employers can use alternative
measures in lieu of conventional fall
protection. The Oregon standard, in
contrast, requires employers to use
conventional fall protection to protect
employees from fall hazards at heights
of 10 feet or more [per OAR 437–003–
1501], but generally does not permit the
use of the alternative measures allowed
under the federal standard.1 In addition,
Oregon retains the six-foot requirement
for holes, wall openings, established
floors, mezzanines, balconies, walkways
and excavations. Oregon has also
retained the federal standard for
protecting employees from falling into
or onto dangerous equipment from
heights below six feet. (For a more
complete list of differences between the
federal fall protection standard and
Oregon’s fall protection program see
OSHA’s August 9, 2004 Federal
Register notice requesting public
comment (69 FR 48253), available on
OSHA’s Web site at https://
www.osha.gov.).
The Oregon standard for fall
protection in residential construction
has been in effect since June 1, 1995,
and the state’s standard for fall
protection in general construction has
been in effect since July 19, 2002.
During that time, OSHA has received no
indication of significant objection to the
1 The state adopted a 10 foot trigger height for
those working surfaces and activities where
guardrail systems are normally impractical and
personal fall arrest systems are most often the only
reasonable alternative. The state deems the higher
trigger height necessary for circumstances where
personal fall arrest systems require at least 10 feet
of height to be effective in preventing an employee
from striking a lower level in a fall situation.
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2. Forest Activities
In response to the promulgation of the
federal logging operations standard, 29
CFR 1910.266, as published in the
Federal Register (59 FR 51672) on
October 12, 1994, with amendments on
September 8, 1995 (60 FR 47022) and
March 7, 1996 (61 FR 9228), Oregon
determined that its existing logging
standard in OAR, Chapter 437, Division
6, was as effective and asked that the
standard be approved. This standard
was adopted on September 27, 1991,
under OR–OSHA Administrative Order
12–1991. After discussion with OSHA,
however, the standard was repealed on
June 2, 2003, and a new OAR Chapter
437, Division 7 Forest Activities
standard (OAR 437–007–0001 through
1405) was adopted under OR–OSHA
Administrative Order 5–2003, and
amended on June 7, 2004, under OR–
OSHA Administrative Order 3–2004.
The scope of the Oregon standard is
broader and covers all forest activity
operations, while the federal standard
applies only to logging operations.
Oregon’s standard contains many
different requirements relating to head
protection, working within contact of
another employee, falling object
protective structures (FOPS), rollover
protective structures (ROPS), other
protective structures for machines,
standards for machine cabs, and first aid
and CPR training. Oregon’s forest
activities standard also includes
numerous additional requirements. (For
a more complete list of differences
between the federal logging operations
standard and Oregon’s forest activities
standard, see OSHA’s August 9, 2004
Federal Register notice requesting
public comment (69 FR 48253) ,
available on OSHA’s Web site at
https://www.osha.gov.).
3. Steel Erection
In response to the promulgation of the
federal Steel Erection standard, 29 CFR
1926.750–761 and appendices (Subpart
R), as published in the Federal Register
(66 FR 5317) on January 18, 2001, with
a delay in the effective date published
on July 17, 2001 (66 FR 37137), Oregon
adopted its standard at OAR 437–003–
1926.750 through 761 and appendices
(OAR 437 Division 3/R) on April 15,
2002, effective April 18, 2002, under
Administrative Order 3–2002. Changes
to the state’s standards at Subdivisions
R (steel erection) and M (fall protection)
were adopted and effective on July 19,
2002, under Administrative Order 6–
2002. These amendments required a 10
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23887
foot fall protection trigger height for all
construction trades in Oregon
(including steel erection) except for 6
feet for holes, wall openings, established
floors, mezzanines, balconies,
walkways, excavations, and working
over dangerous equipment. The 2003
Oregon State Legislature’s House Bill
3010 directed OR–OSHA to revise the
steel erection standard to parallel the
federal requirements and not require the
use of fall protection by workers
engaged in steel erection at heights
lower than the heights at which fall
protection relating to steel erection is
required by federal regulations. The
federal steel erection standard requires
fall protection at 15 feet in general, and
at 30 feet for connectors and employees
working in controlled decking zones.
Accordingly, the state adopted
amendments to its steel erection
standard on December 30, 2003,
effective January 1, 2004, under
Administrative Order 8–2003. The state
standard is now almost identical to the
comparable federal standard. The
differences or additional requirements
relate to written site-specific erection
plans, written notifications to the
controlling contractor, tag lines, large
roof and floor openings, written
certifications of training records, and
definition of the term ‘‘opening’’. (For a
more complete list of differences
between the federal steel erection
standard and Oregon’s steel erection
standard, see OSHA’s August 9, 2004
Federal Register notice requesting
public comment (69 FR 48253),
available on OSHA’s Web site at
https://www.osha.gov.)
II. Public Participation
On August 9, 2004, OSHA published
a Federal Register notice (69 FR 48253)
requesting public comment on whether
the Oregon standards for fall protection,
forest activities and steel erection meet
both the ‘‘at least as effective’’ criterion
and the product clause test of Section
18(c)(2) of the Act. This notice invited
interested persons to submit by
September 8, 2004, written comments
and views regarding these Oregon
standards and whether they should be
approved by the Regional
Administrator. In response to this
notice, two comments were received
concerning Oregon’s fall protection
standard. No comments were received
regarding the state’s forest activities and
steel erection standards. One comment,
from Michelle Johnson, Safety and
Health Supervisor, Chelan County
Public Utilities District, Washington,
was a request for information on the
Washington state fall protection
standard. The second comment, from J.
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Federal Register / Vol. 70, No. 86 / Thursday, May 5, 2005 / Notices
Nigel Ellis of Ellis Safety Solutions,
Wilmington, Delaware, claimed that
Oregon’s 10-foot trigger height for
certain fall protection requirements
renders the state’s standard less
effective than the federal standard. The
commenter suggested that Oregon adopt
an across-the-board trigger height of 6
feet to be consistent with the federal
standard. OSHA has reviewed the
Oregon fall protection standard for
overall effectiveness and in light of the
comments received. OSHA has also
reviewed a letter from Oregon OSHA
dated November 16, 2004, responding to
the comments and providing
clarifications and assurances regarding
its interpretation of the standard and
intended enforcement policies. OSHA’s
findings are as follows:
For many work activities Oregon’s fall
protection standards mirror the federal
standard and require employers to
provide fall protection for employees
working at heights of 6 feet and higher.
OAR 437–003–1501(1)–(4). For some
tasks, however, Oregon OSHA has a 10foot trigger for fall protection
requirements. OAR 437–003–1501. But
while the federal standard often permits
employers to utilize alternative
measures, e.g., a controlled access zone
with a safety monitor, at heights of 10
feet and above, OR–OSHA regularly
requires the use of conventional fall
protection at those more dangerous
heights. Oregon has represented to
federal OSHA that employers in that
state virtually never raise infeasibility as
a basis or defense for not providing
conventional fall protection, and that
infeasibility has not been a successful
argument in a contested case or
recognized in settlement agreements.
Therefore, OSHA has determined that
the Oregon standards are as strict or
stricter than the federal standard with
respect to those activities for which the
state maintains a 6-foot trigger height
and for all work done at heights of 10
feet or higher. With respect to those few
fall hazards between 6 and 10 feet that
are not otherwise covered by Oregon’s
fall protection standard, the state has
assured OSHA that it will consider the
issuance of citations or orders to correct
under its general duty clause (ORS
654.010, 654.015), or the posting of red
warning notices (ORS 654.082).
Accordingly, OSHA believes that
Oregon’s fall protection program is at
least as effective as the federal program.
(1) The state standards meet the ‘‘at
least as effective’’ criteria of Section
18(c)(2) of the Act.
(2) The record on these standards
includes no persuasive evidence,
developed by or submitted to OSHA,
that the standards are not in compliance
with the product clause test of Section
18(c)(2) of the Act. There is no evidence
that the standards pose an undue
burden upon interstate commerce or are
not based upon compelling local
conditions. Therefore the standards are
presumed to be in compliance with
Section 18(c)(2) of the Act.
OSHA therefore approves these
standards; however, OSHA reserves the
right to reconsider this approval should
substantial objections be submitted to
the Assistant Secretary.
III. Decision
Having reviewed the state
submissions and public comments
submitted in response to the August 9,
2004, Federal Register notice, OSHA
has determined that:
Signed at Seattle, Washington, this 9th day
of March 2005.
Richard S. Terrill,
Regional Administrator.
[FR Doc. 05–8918 Filed 5–4–05; 8:45 am]
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IV. 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, the
submitted comparisons to the
equivalent federal standards, and public
comments received. Oregon’s standards,
program directives, and other
documents may be accessed on the
state’s Web page at https://
www.cbs.state.or.us/external/osha/
rules. 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, 350
Winter Street, Room 430, Salem, Oregon
97301–3882, (503) 378–3272, fax (503)
7461; and the Office of State Programs,
Occupational Safety and Health
Administration, Room N–3700, 200
Constitution Avenue, NW., Washington,
DC 20210, (202) 693–2244, fax (202)
693–1671. An electronic copy of this
Federal Register notice, as well as
referenced federal OSHA standards,
may be obtained from the OSHA home
page, https://www.osha.gov.
This notice is issued pursuant to
section 18 of the Occupational Safety
and Health Act of 1970, Pub. L. 91–596,
84 STAT 1608 (29 U.S.C. 667).
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OFFICE OF MANAGEMENT AND
BUDGET
Office of Federal Procurement Policy
Determination of Executive
Compensation Benchmark Amount
Pursuant to Section 39 of the Office of
Federal Procurement Policy (OFPP)
Act (41 U.S.C. 435), as Amended
Office of Federal Procurement
Policy, OMB.
ACTION: Notice.
AGENCY:
SUMMARY: The Office of Management
and Budget (OMB) is hereby publishing
the attached memorandum to the heads
of executive departments and agencies
concerning the determination of the
maximum ‘‘benchmark’’ compensation
amount that will be allowable under
government contracts during
contractors’ FY 2005—$473,318. This
determination is required under Section
39 of the Office of Federal Procurement
Policy (OFPP) Act (41 U.S.C. 435), as
amended. The benchmark compensation
amount applies equally to both defense
and civilian procurement agencies.
FOR FURTHER INFORMATION CONTACT: Rein
Abel, Office of Federal Procurement
Policy, (202) 395–3254.
David H. Safavian,
Administrator.
Memorandum for the Heads of
Executive Departments and Agencies
Subject: Determination of Executive
Compensation Benchmark Amount
Pursuant to Section 39 of the Office of
Federal Procurement Policy (OFPP) Act
(41 U.S.C. 435), as amended.
This memorandum sets forth the
‘‘benchmark compensation amount’’ as
required by Section 39 of the Office of
Federal Procurement Policy (OFPP) Act
(41 U.S.C. 435), as amended. Under
Section 39, the benchmark
compensation amount is ‘‘the median
amount of the compensation provided
for all senior executives of benchmark
corporations for the most recent year for
which data is available.’’ The
benchmark compensation amount
established by Section 39 limits the
allowability of compensation costs
under government contracts. The
benchmark compensation amount does
not limit the compensation that an
executive may otherwise receive. This
amount is based on data from
commercially available surveys of
executive compensation that analyze the
relevant data made available by the
Securities and Exchange Commission.
More specifically, as required by
Section 39 of the OFPP Act, the data
used is the median (50th percentile)
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Agencies
[Federal Register Volume 70, Number 86 (Thursday, May 5, 2005)]
[Notices]
[Pages 23886-23888]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8918]
=======================================================================
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
Oregon State Plan: Approval of Oregon State Standards
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Approval of Oregon State standards for fall protection, forest
activities and steel erection.
-----------------------------------------------------------------------
SUMMARY: The Occupational Safety and Health Administration (OSHA) is
approving three standards: fall protection, forest activities and steel
erection, promulgated by the Oregon Department of Consumer and Business
Services pursuant to its OSHA-approved state plan. These standards
differ from the equivalent federal standards but have been determined
to be ``at least as effective'' as the federal standards.
On August 9, 2004, OSHA published a Federal Register notice (69 FR
48253) requesting public comment on whether the Oregon standards met
both the ``at least as effective'' criterion and product clause tests
of Section 18(c)(2) of the Occupational Safety and Health Act. This
notice invited interested persons to submit by September 8, 2004,
written comments and views regarding the Oregon state standards and
whether they should be approved by the Regional Administrator. OSHA
received two comments in response to the fall protection standard.
DATES: Effective Date: May 5, 2005.
FOR FURTHER INFORMATION CONTACT: Barbara Bryant, Director, Office of
State Programs, Directorate of Cooperative and State Programs,
Occupational Safety and Health Administration, Room N3700, 200
Constitution Avenue, NW., Washington, DC 20210, telephone (202) 693-
2244. You may access Oregon's standards on the state's Web page at
https://www.cbs.state.or.us/external/osha/standards/standards. You may
also access electronic copies of this Federal Register notice, as well
as federal OSHA standards, on OSHA's Web page at https://www.osha.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
A. Background
The requirements for adoption and enforcement of safety and health
standards by a state with a state plan approved under Section 18(b) of
the Act (29 U.S.C. 667) are set forth in Section 18(c)(2) of the Act
and in 29 CFR 1902, 1952.7, 1953.4, 1953.5 and 1953.6. OSHA regulations
require that states respond to the adoption of new or revised permanent
federal standards by state promulgation of comparable standards within
six months of OSHA publication in the Federal Register (29 CFR
1953.5(a)). Independent state standards must be submitted for OSHA
review and approval. Newly adopted state standards must be submitted
for OSHA review and approval under procedures set forth in 29 CFR part
1953, but are enforceable by the state upon adoption and prior to
Federal review and approval.
Section 18(c)(2) of the Act provides that if state standards which
are not identical to Federal standards are applicable to products which
are distributed or used in interstate commerce, such standards must be
required by compelling local conditions and must not unduly burden
interstate commerce. (This latter requirement is commonly referred to
as the ``product clause'').
On December 28, 1972, notice was published in the Federal Register
(37 FR 286228) 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. The Oregon plan provides for the adoption of state
standards that are ``at least as effective'' as comparable federal
standards promulgated under Section 6 of the Act. The Administrator of
the Oregon Occupational Safety and Health Division (OR-OSHA),
Department of Consumer and Business Services, is empowered to create,
adopt, modify, and repeal rules and regulations governing occupational
safety and health standards following public notice and a hearing in
conformance with the state's Administrative Procedures Act. Public
notice describing the subject matter of the proposed rule, and where
and when the hearing will occur, must be published in the state
newspapers at least 30 days in advance of the hearing. The
Administrator considers all recommendations by any member of the public
in the promulgation process. Whenever the Administrator adopts a
standard, the effective date is usually 30 days after signing.
[[Page 23887]]
B. Standards Approved
1. Fall Protection
In response to the promulgation of the federal fall protection
standard for construction at 29 CFR 1926.500-503 and appendices (1926
Subpart M), as published in the Federal Register (59 FR 40672) on
August 9, 1994, with amendments on January 26, 1995 (60 FR 5131),
August 2, 1995 (60 FR 39254) and January 18, 2001 (66 FR 5317), Oregon
adopted OAR-003-1926.400 (Division 3/M) under Administrative Order 6-
1995, on April 18, 1995, with amendments made on September 15, 1997,
February 8, 2000, February 5, 2001, April 15, 2002, and July 19, 2002,
under Administrative Orders 7-1997, 3-2000, 3-2001, 3-2002 and 6-2002.
The federal provisions at 29 CFR 1926.501(b)(1) through (b)(15)
generally require employers to use conventional fall protection to
protect employees from fall hazards at heights of six feet or more,
though for many work activities employers can use alternative measures
in lieu of conventional fall protection. The Oregon standard, in
contrast, requires employers to use conventional fall protection to
protect employees from fall hazards at heights of 10 feet or more [per
OAR 437-003-1501], but generally does not permit the use of the
alternative measures allowed under the federal standard.\1\ In
addition, Oregon retains the six-foot requirement for holes, wall
openings, established floors, mezzanines, balconies, walkways and
excavations. Oregon has also retained the federal standard for
protecting employees from falling into or onto dangerous equipment from
heights below six feet. (For a more complete list of differences
between the federal fall protection standard and Oregon's fall
protection program see OSHA's August 9, 2004 Federal Register notice
requesting public comment (69 FR 48253), available on OSHA's Web site
at https://www.osha.gov.).
---------------------------------------------------------------------------
\1\ The state adopted a 10 foot trigger height for those working
surfaces and activities where guardrail systems are normally
impractical and personal fall arrest systems are most often the only
reasonable alternative. The state deems the higher trigger height
necessary for circumstances where personal fall arrest systems
require at least 10 feet of height to be effective in preventing an
employee from striking a lower level in a fall situation.
---------------------------------------------------------------------------
The Oregon standard for fall protection in residential construction
has been in effect since June 1, 1995, and the state's standard for
fall protection in general construction has been in effect since July
19, 2002. During that time, OSHA has received no indication of
significant objection to the state's different standard as to its
effectiveness in comparison to the federal standard.
2. Forest Activities
In response to the promulgation of the federal logging operations
standard, 29 CFR 1910.266, as published in the Federal Register (59 FR
51672) on October 12, 1994, with amendments on September 8, 1995 (60 FR
47022) and March 7, 1996 (61 FR 9228), Oregon determined that its
existing logging standard in OAR, Chapter 437, Division 6, was as
effective and asked that the standard be approved. This standard was
adopted on September 27, 1991, under OR-OSHA Administrative Order 12-
1991. After discussion with OSHA, however, the standard was repealed on
June 2, 2003, and a new OAR Chapter 437, Division 7 Forest Activities
standard (OAR 437-007-0001 through 1405) was adopted under OR-OSHA
Administrative Order 5-2003, and amended on June 7, 2004, under OR-OSHA
Administrative Order 3-2004.
The scope of the Oregon standard is broader and covers all forest
activity operations, while the federal standard applies only to logging
operations. Oregon's standard contains many different requirements
relating to head protection, working within contact of another
employee, falling object protective structures (FOPS), rollover
protective structures (ROPS), other protective structures for machines,
standards for machine cabs, and first aid and CPR training. Oregon's
forest activities standard also includes numerous additional
requirements. (For a more complete list of differences between the
federal logging operations standard and Oregon's forest activities
standard, see OSHA's August 9, 2004 Federal Register notice requesting
public comment (69 FR 48253) , available on OSHA's Web site at https://
www.osha.gov.).
3. Steel Erection
In response to the promulgation of the federal Steel Erection
standard, 29 CFR 1926.750-761 and appendices (Subpart R), as published
in the Federal Register (66 FR 5317) on January 18, 2001, with a delay
in the effective date published on July 17, 2001 (66 FR 37137), Oregon
adopted its standard at OAR 437-003-1926.750 through 761 and appendices
(OAR 437 Division 3/R) on April 15, 2002, effective April 18, 2002,
under Administrative Order 3-2002. Changes to the state's standards at
Subdivisions R (steel erection) and M (fall protection) were adopted
and effective on July 19, 2002, under Administrative Order 6-2002.
These amendments required a 10 foot fall protection trigger height for
all construction trades in Oregon (including steel erection) except for
6 feet for holes, wall openings, established floors, mezzanines,
balconies, walkways, excavations, and working over dangerous equipment.
The 2003 Oregon State Legislature's House Bill 3010 directed OR-OSHA to
revise the steel erection standard to parallel the federal requirements
and not require the use of fall protection by workers engaged in steel
erection at heights lower than the heights at which fall protection
relating to steel erection is required by federal regulations. The
federal steel erection standard requires fall protection at 15 feet in
general, and at 30 feet for connectors and employees working in
controlled decking zones. Accordingly, the state adopted amendments to
its steel erection standard on December 30, 2003, effective January 1,
2004, under Administrative Order 8-2003. The state standard is now
almost identical to the comparable federal standard. The differences or
additional requirements relate to written site-specific erection plans,
written notifications to the controlling contractor, tag lines, large
roof and floor openings, written certifications of training records,
and definition of the term ``opening''. (For a more complete list of
differences between the federal steel erection standard and Oregon's
steel erection standard, see OSHA's August 9, 2004 Federal Register
notice requesting public comment (69 FR 48253), available on OSHA's Web
site at https://www.osha.gov.)
II. Public Participation
On August 9, 2004, OSHA published a Federal Register notice (69 FR
48253) requesting public comment on whether the Oregon standards for
fall protection, forest activities and steel erection meet both the
``at least as effective'' criterion and the product clause test of
Section 18(c)(2) of the Act. This notice invited interested persons to
submit by September 8, 2004, written comments and views regarding these
Oregon standards and whether they should be approved by the Regional
Administrator. In response to this notice, two comments were received
concerning Oregon's fall protection standard. No comments were received
regarding the state's forest activities and steel erection standards.
One comment, from Michelle Johnson, Safety and Health Supervisor,
Chelan County Public Utilities District, Washington, was a request for
information on the Washington state fall protection standard. The
second comment, from J.
[[Page 23888]]
Nigel Ellis of Ellis Safety Solutions, Wilmington, Delaware, claimed
that Oregon's 10-foot trigger height for certain fall protection
requirements renders the state's standard less effective than the
federal standard. The commenter suggested that Oregon adopt an across-
the-board trigger height of 6 feet to be consistent with the federal
standard. OSHA has reviewed the Oregon fall protection standard for
overall effectiveness and in light of the comments received. OSHA has
also reviewed a letter from Oregon OSHA dated November 16, 2004,
responding to the comments and providing clarifications and assurances
regarding its interpretation of the standard and intended enforcement
policies. OSHA's findings are as follows:
For many work activities Oregon's fall protection standards mirror
the federal standard and require employers to provide fall protection
for employees working at heights of 6 feet and higher. OAR 437-003-
1501(1)-(4). For some tasks, however, Oregon OSHA has a 10-foot trigger
for fall protection requirements. OAR 437-003-1501. But while the
federal standard often permits employers to utilize alternative
measures, e.g., a controlled access zone with a safety monitor, at
heights of 10 feet and above, OR-OSHA regularly requires the use of
conventional fall protection at those more dangerous heights. Oregon
has represented to federal OSHA that employers in that state virtually
never raise infeasibility as a basis or defense for not providing
conventional fall protection, and that infeasibility has not been a
successful argument in a contested case or recognized in settlement
agreements. Therefore, OSHA has determined that the Oregon standards
are as strict or stricter than the federal standard with respect to
those activities for which the state maintains a 6-foot trigger height
and for all work done at heights of 10 feet or higher. With respect to
those few fall hazards between 6 and 10 feet that are not otherwise
covered by Oregon's fall protection standard, the state has assured
OSHA that it will consider the issuance of citations or orders to
correct under its general duty clause (ORS 654.010, 654.015), or the
posting of red warning notices (ORS 654.082). Accordingly, OSHA
believes that Oregon's fall protection program is at least as effective
as the federal program.
III. Decision
Having reviewed the state submissions and public comments submitted
in response to the August 9, 2004, Federal Register notice, OSHA has
determined that:
(1) The state standards meet the ``at least as effective'' criteria
of Section 18(c)(2) of the Act.
(2) The record on these standards includes no persuasive evidence,
developed by or submitted to OSHA, that the standards are not in
compliance with the product clause test of Section 18(c)(2) of the Act.
There is no evidence that the standards pose an undue burden upon
interstate commerce or are not based upon compelling local conditions.
Therefore the standards are presumed to be in compliance with Section
18(c)(2) of the Act.
OSHA therefore approves these standards; however, OSHA reserves the
right to reconsider this approval should substantial objections be
submitted to the Assistant Secretary.
IV. 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, the submitted comparisons to
the equivalent federal standards, and public comments received.
Oregon's standards, program directives, and other documents may be
accessed on the state's Web page at https://www.cbs.state.or.us/
external/osha/rules. 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, 350 Winter Street, Room 430, Salem,
Oregon 97301-3882, (503) 378-3272, fax (503) 7461; and the Office of
State Programs, Occupational Safety and Health Administration, Room N-
3700, 200 Constitution Avenue, NW., Washington, DC 20210, (202) 693-
2244, fax (202) 693-1671. An electronic copy of this Federal Register
notice, as well as referenced federal OSHA standards, may be obtained
from the OSHA home page, https://www.osha.gov.
This notice is issued pursuant to section 18 of the Occupational
Safety and Health Act of 1970, Pub. L. 91-596, 84 STAT 1608 (29 U.S.C.
667).
Signed at Seattle, Washington, this 9th day of March 2005.
Richard S. Terrill,
Regional Administrator.
[FR Doc. 05-8918 Filed 5-4-05; 8:45 am]
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