Establishing Indicators to Determine Whether State Plan Operations are At Least as Effective as Federal OSHA: Stakeholder Meeting, 31647-31649 [2012-12913]
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Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Notices
[FR Doc. 2012–12884 Filed 5–25–12; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Request for Certification of
Compliance—Rural Industrialization
Loan and Grant Program
Employment and Training
Administration, Labor.
ACTION: Notice.
AGENCY:
The Employment and
Training Administration is issuing this
notice to announce the receipt of a
‘‘Certification of Non-Relocation and
Market and Capacity Information
Report’’ (Form 4279–2) for the
following:
Applicant/Location: Aquion Energy,
Inc.
Principal Product/Purpose: The loan,
guarantee, or grant application is to
finance capital equipment purchases for
the manufacturing lines, which includes
the retrofit and build-out of the facility,
which will be located in Mt. Pleasant,
Pennsylvania. The NAICS industry code
for this enterprise is: 335911 (storage
battery manufacturing).
DATES: All interested parties may submit
comments in writing no later than June
12, 2012. Copies of adverse comments
received will be forwarded to the
applicant noted above.
ADDRESSES: Address all comments
concerning this notice to Anthony D.
Dais, U.S. Department of Labor,
Employment and Training
Administration, 200 Constitution
Avenue NW., Room S–4231,
Washington, DC 20210; or email
Dais.Anthony@dol.gov; or transmit via
fax (202) 693–3015 (this is not a toll-free
number).
FOR FURTHER INFORMATION CONTACT:
Anthony D. Dais, at telephone number
(202) 693–2784 (this is not a toll-free
number).
SUPPLEMENTARY INFORMATION: Section
188 of the Consolidated Farm and Rural
Development Act of 1972, as established
under 29 CFR part 75, authorizes the
United States Department of Agriculture
to make or guarantee loans or grants to
finance industrial and business
activities in rural areas. The Secretary of
Labor must review the application for
financial assistance for the purpose of
certifying to the Secretary of Agriculture
that the assistance is not calculated, or
likely, to result in: (a) A transfer of any
employment or business activity from
one area to another by the loan
srobinson on DSK4SPTVN1PROD with NOTICES
SUMMARY:
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16:12 May 25, 2012
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applicant’s business operation; or, (b)
An increase in the production of goods,
materials, services, or facilities in an
area where there is not sufficient
demand to employ the efficient capacity
of existing competitive enterprises
unless the financial assistance will not
have an adverse impact on existing
competitive enterprises in the area. The
Employment and Training
Administration within the Department
of Labor is responsible for the review
and certification process. Comments
should address the two bases for
certification and, if possible, provide
data to assist in the analysis of these
issues.
Signed in Washington, DC, on this 21st day
of May, 2012.
Jane Oates,
Assistant Secretary for Employment and
Training.
[FR Doc. 2012–12917 Filed 5–25–12; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
Establishing Indicators to Determine
Whether State Plan Operations are At
Least as Effective as Federal OSHA:
Stakeholder Meeting
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice of public meeting.
AGENCY:
The Occupational Safety and
Health Administration (OSHA) invites
interested parties to participate in an
informal stakeholder meeting on
establishing definitions and measures to
determine whether OSHA-approved
State Plans for occupational safety and
health (State Plans) are at least as
effective as the Federal OSHA program
as required by the Occupational Safety
and Health Act of 1970. The purpose of
this meeting is to provide a forum to
gather information and ideas on key
outcome and activity based indicators
and how OSHA can use such indicators
to assess the effectiveness of State Plans.
DATES: The date for the stakeholder
meeting is June 25, 2012, from 10 a.m.
to 1 p.m. eastern standard time, in
Washington, DC. The deadline for
registration to attend or participate in
the meeting and to submit written
comments is June 11, 2012.
ADDRESSES: The meeting will be held in
the Francis Perkins Building, U.S.
Department of Labor, Room N3437, at
200 Constitution Ave. NW.,
Washington, DC 20210. The nearest
Metro station is Judiciary Square (Red
SUMMARY:
PO 00000
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31647
Line). Photo ID is required to enter the
building.
Registration to attend or participate in
the meeting: To participate in the June
25, 2012 stakeholder meeting, provide
written comments or be a
nonparticipating observer, you must
register electronically, by phone, or by
facsimile by close of business on June
11, 2012. Those interested may register
with Angela DeCanio by email at:
DeCanio.Angela@dol.gov, by phone at:
(202) 693–2239, or by fax at: (202) 693–
1671. Registrants should label their
requests as: ‘‘Stakeholder Meeting:
Monitoring of OSHA-Approved State
Plans.’’ When registering please indicate
the following: (1) Name, address, phone,
fax, and email address; (2) Organization
for which you work; and, (3)
Organization you will represent (if
different).
The meeting will last 3 hours, and be
limited to approximately 20
participants. OSHA will do its best to
accommodate all persons who wish to
participate. OSHA encourages persons
and groups having similar interests to
consolidate their information and
participate through a single
representative. Members of the general
public may observe, but not participate
in, the meetings as space permits. OSHA
staff will be present to take part in the
discussions.
OSHA staff will manage registration
of participants and observers and
logistics for the meeting. A transcription
of the meeting will be available for
review at www.osha.gov. OSHA will
confirm participants to ensure a fair
representation of interests and a wide
range of viewpoints. Nonparticipating
observers who do not register for the
meeting will be accommodated as space
permits. Electronic copies of this
Federal Register notice, as well as news
releases and other relevant documents,
are available on the OSHA Web page at:
www.osha.gov. Registrants wanting to
submit written comments must do so by
June 11, 2012.
FOR FURTHER INFORMATION CONTACT: For
general and press inquiries contact:
Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of
Labor, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone: (202)
693–1725; email:
meilinger.francis2@dol.gov. For
technical information contact: Doug
Kalinowski, Director, OSHA Directorate
of Cooperative and State Programs,
Room N–3700, U.S. Department of
Labor, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone: (202)
693–2200; email:
kalinowski.doug@dol.gov.
E:\FR\FM\29MYN1.SGM
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31648
Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Notices
srobinson on DSK4SPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
I. Background
The Occupational Safety and Health
Act of 1970 (‘‘the Act’’) created OSHA
‘‘to assure so far as possible every
working man and woman in the Nation
safe and healthful working conditions
* * *.’’ The Act also encourages states
to develop and operate their own
workplace safety and health plans. Once
OSHA approves a State Plan under
Section 18(b) of the Act, OSHA may
fund up to 50 percent of the state
program’s operating costs. Absent an
approved State Plan, states are
preempted from enforcing occupational
safety and health standards. As a
condition of OSHA approval, State
Plans must provide standards and
enforcement programs that are ‘‘at least
as effective as’’ the federal OSHA
program, in addition to voluntary
compliance activities, and cover public
sector employees. OSHA is responsible
for the approval and monitoring of State
Plans.
Currently there are 27 OSHAapproved state occupational safety and
health plans. Twenty-two states and
territories operate comprehensive State
Plans covering the private sector and
state and local government employers
and employees. Five states and
territories operate State Plans which
cover only public sector employees.
Additional information about state
programs may be found at: https://
www.osha.gov/dcsp/osp/.
The Occupational Safety and Health
State Plan Association (OSHSPA), the
organization of officials from each of the
OSHA-approved state plans, serves as
the link from the states to federal
agencies that have occupational safety
and health jurisdiction and to Congress.
The group holds three meetings a year
with federal OSHA, giving State Plans
the opportunity to address common
issues and share information. OSHSPA
representatives have appeared before
congressional committees and other
bodies to report on job safety and health
issues.
Following congressional hearings over
the past several years concerning state
plan effectiveness, and an audit by the
Department of Labor’s Office of the
Inspector General in March 2011, OSHA
increased the level of onsite monitoring
of state plans and committed to further
strengthening communication between
federal OSHA and the State Plans. On
October 29, 2009, Deputy Assistant
Secretary Jordan Barab testified before
the House Committee on Education and
Labor about the Special Study that
OSHA conducted of the Nevada State
Plan and OSHA’s plans for increasing
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16:12 May 25, 2012
Jkt 226001
oversight and conducting a baseline
special evaluation in all other State
Plans.
In accordance with the Occupational
Safety and Health Act of 1970, OSHA
conducts an evaluation of the 27
approved State Plan States each fiscal
year. Before FY 2009, the Federal
Annual Monitoring and Evaluation
(FAME) reports primarily assessed the
State Plans’ progress toward achieving
the performance goals established by
their strategic and annual performance
plans as well as certain mandated
activity measures tied to the federal
OSHA program or requirements of the
Act. OSHA and the State Plans have
outcome based measures that are part of
their strategic plans, including reducing
fatalities and injuries/illnesses.
Additional information can be found at:
https://www.dol.gov/sec/stratplan/
StrategicPlan.pdf and https://
www.osha.gov/dcsp/osp/efame/
index.html.
In FY 2009 the FAME reports were
enhanced to include baseline special
evaluations for each State Plan. The
Enhanced FAME reports assessed the
State Plans’ progress toward achieving
the performance goals established by
their FY 2009 Annual Performance
Plans and reviewed the effectiveness of
programmatic areas related to
enforcement activities through onsite
audits and case file reviews. Each State
Plan formally responded to the
Enhanced FAME report and, as
appropriate, developed a Corrective
Action Plan that was approved by
OSHA. The 2009 interim monitoring
guidance, intended to assist OSHA
regions in monitoring state plans and
preparing the FAME reports, focused on
enforcement activities and the
Corrective Action Plans in addition to
performance goal. It was revised for the
FY 2010 and FY 2011 evaluations in
response to concerns and issues raised
both within OSHA and from State Plans.
In response to the Office of the
Inspector General (OIG) report entitled
‘‘OSHA Has Not Determined If State
OSH Programs Are At Least As Effective
in Improving Workplace Safety and
Health as Federal OSHA’s Programs’’
(https://www.oig.dol.gov/public/reports/
oa/2011/02-11-201-10-105.pdf), OSHA
is working with OSHSPA to examine
the monitoring system and address the
OIG’s recommendation to OSHA ‘‘to
define effectiveness, design measures to
quantify impact, establish a baseline for
State Plan evaluations, and revise
monitoring to include an assessment of
effectiveness.’’ The goal of the
stakeholder meeting announced in this
notice is to solicit ideas about how to
define and measure effectiveness and to
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Fmt 4703
Sfmt 4703
develop a revised monitoring system (in
place of the interim guidance) to ensure
consistency and effectiveness across the
State Plans.
II. Stakeholder Meeting
The stakeholder meeting announced
in this notice will be conducted in a
manner that encourages participants to
express individual views about how to
determine whether OSHA-approved
State Plans are as effective as the
Federal OSHA program. Formal
presentations by stakeholders are
discouraged. The stakeholder meeting
discussions will center on key
indicators of effectiveness for Federal
OSHA and OSHA-approved State Plans.
The specific issues to be discussed will
include the following:
1. OSHA’s mission is ‘‘to assure safe
and healthful working conditions for
working men and women by setting and
enforcing standards and by providing
training, outreach, education and
assistance.’’
(a) How would you define or describe
the components that constitute an
OSHA-approved State Plan that was
‘‘effective’’ in achieving this mission
(e.g., funding, staffing, standards setting,
strong enforcement program, strong
consultation program, frequency of
inspection, strong training and outreach
programs, level of penalties etc.)?
(b) What outcome based measures
would you use to determine whether
OSHA-approved State Plans were
achieving this mission (e.g., reductions
in injury and illness rates, reductions in
fatality rates, etc.)?
(c) What activity based measures
would you use to determine whether
OSHA-approved State Plans were
achieving this mission (e.g., number of
inspections conducted, number of
violations issued, etc.)?
2. Should there be a core set of
effectiveness measures that both OSHA
and State Plan programs must meet?
3. What activity and outcome based
measures would you use to assess
effectiveness as it relates to the
reduction of health hazards?
4. What activity and outcome based
measures would you use to assess the
effectiveness of the whistleblower
program under Section 11(c) of the Act?
5. What indicators would you use to
determine and monitor whether OSHAapproved State Plans are ‘‘at least as
effective’’ as federal OSHA as outlined
in Section 18(b) of the Act?
Representatives from the State Plans
and OSHA have been working to
develop a number of draft measures.
OSHA will make these draft measures
available on its Web site no less than
E:\FR\FM\29MYN1.SGM
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Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Notices
two weeks before the stakeholder
meeting.
Authority and Signature
This document was prepared under
the direction of David Michaels, Ph.D.,
MPH, Assistant Secretary of Labor for
Occupational Safety and Health.
Signed at Washington, DC, on May 23,
2012.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2012–12913 Filed 5–25–12; 8:45 am]
BILLING CODE 4510–29–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2012–0117; Docket Nos. 50–259, 50–
260, and 50–296; License Nos. DPR–33,
DPR–52, and DPR–68; EA–12–071]
Tennessee Valley Authority (Browns
Ferry Units 1, 2, and 3); Confirmatory
Order Modifying License (Effective
Immediately)
I
The Tennessee Valley Authority
(TVA, the licensee) is the holder of
Renewed Facility Operating License
Nos. DPR–33, DPR–52, and DPR–68
issued by the U.S. Nuclear Regulatory
Commission (NRC or Commission)
pursuant to Title 10 of the Code of
Federal Regulations (10 CFR), part 50,
‘‘Domestic Licensing of Production and
Utilization,’’ on May 4, 2006. The
licenses authorize the operation of the
Browns Ferry Nuclear Plant (BFN),
Units 1, 2, and 3 (facility), in accordance
with conditions specified therein. The
facility is located on the licensee’s site
in Limestone County, Alabama.
srobinson on DSK4SPTVN1PROD with NOTICES
II
On March 4, 2009, TVA notified the
NRC of its intent to transition the BFN
facility to the National Fire Protection
Association (NFPA) Standard 805 fire
protection program in accordance with
10 CFR 50.48(c). Under this initiative,
the NRC has exercised enforcement
discretion for most fire protection
noncompliances that are identified
during the licensee’s transition to NFPA
805, and for certain existing identified
noncompliances that reasonably may be
resolved at the completion of transition.
NFPA 805 was adopted in 10 CFR
50.48(c) as an alternative fire protection
rule, which is one path to resolving
longstanding fire protection issues. To
receive enforcement discretion for these
noncompliances, the licensee must meet
the specific criteria as stated in Section
9.1, ‘‘Enforcement Discretion for Certain
VerDate Mar<15>2010
16:12 May 25, 2012
Jkt 226001
Fire Protection Issues (10 CFR 50.48),’’
of the ‘‘NRC Enforcement Policy,’’ dated
July 12, 2011, and submit an acceptable
license amendment application by the
date as specified in the licensee’s
commitment letter.
III
In a public meeting held on December
8, 2011 between the NRC and TVA, the
licensee described its strategy for
transitioning BFN to NFPA 805, which
is intended to address the corrective
actions for previously-cited fire
protection violations along with other
noncompliances identified during the
transition period. TVA also notified the
NRC that the development of a highquality application will require more
time than originally anticipated.
In a letter dated January 13, 2012,
TVA reiterated the current transition
strategy for BFN, and notified the NRC
that TVA will submit its license
amendment request (LAR) no later than
March 29, 2013. The newly proposed
submittal date is beyond the 3-year
timeframe and, thus, exceeds TVA’s
enforcement discretion (i.e., until March
4, 2012) that was granted to BFN for
certain fire protection noncompliances.
However, if provided with adequate
justification, the NRC may revise the
submittal date through the use of an
order that would continue the
enforcement discretion provided in
Section 9.1 of the Enforcement Policy.
In a letter dated February 17, 2012,
TVA provided a list of planned fire risk
reduction modifications at BFN and the
associated planned implementation
schedules. The NRC held a public
teleconference with TVA on February
29, 2012, to discuss the planned
modifications and their associated fire
risk reductions, and TVA’s schedule for
completing its LAR. During the
teleconference, TVA expressed a desire
to continue enforcement discretion, and
a willingness to commit to the new
submittal date.
By letter dated March 9, 2012, the
NRC requested that TVA provide
additional justification for the proposed
submittal date. TVA provided the
requested information in a letter dated
March 20, 2012. Based on the licensee
maintaining acceptable compensatory
measures and the NRC’s review of the
licensee’s transition status, planned key
activities to complete its NFPA 805
LAR, and planned fire risk reduction
modifications, the NRC staff has
determined that the licensee has
provided adequate justification for
revising the LAR submittal date.
Therefore, the NRC has determined
that the date for submitting an
acceptable NFPA 805 LAR should be
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
31649
extended. This Order is being issued to
revise the original TVA LAR submittal
date of March 4, 2012, until March 29,
2013. The new submittal date supports
TVA’s continued progress in activities
related to the transition to NFPA 805
and the correction of other previouslyidentified fire protection
noncompliances consistent with
regulatory commitments provided in
letters dated January 13 and February
17, 2012, and the activities described in
the letter dated March 20, 2012.
TVA may, at any time, cease its
transition to NFPA 805 and comply
with the regulations set forth in 10 CFR
Part 50, Appendix R. As indicated in the
Enforcement Policy, if TVA decides not
to complete the transition to 10 CFR
50.48(c), it must submit a letter stating
its intent to retain its existing licensing
basis and withdrawing its letter of intent
to comply with 10 CFR 50.48(c). If TVA
fails to meet the new LAR submittal
date and fails to comply with its
existing licensing basis, the NRC will
take appropriate enforcement action
consistent with its Enforcement Policy.
On May 16, 2012, TVA consented to
issuing this Order, as described in
Section V below. TVA further agreed
that this Order will be effective upon
issuance and that it has waived its rights
to a hearing.
IV
Based on the licensee maintaining
acceptable compensatory measures, and
a review of the licensee’s status and
planned key activities, including the
intended NFPA 805 modifications, the
NRC has determined that the licensee
has provided adequate justification for
its commitment given in Section V, and,
thus, for the extension of enforcement
discretion. Because the licensee will
perform modifications, with associated
procedure updates, to reduce current
fire risk in parallel with the
development of their NFPA 805 LAR,
the staff finds this acceptable to ensure
public health and safety. Based on the
above and TVA’s consent, this Order is
immediately effective upon issuance.
V
Accordingly, pursuant to Sections
103, 161b, 161i, 161o, 182, and 186 of
the Atomic Energy Act of 1954, as
amended (the Act), and the
Commission’s regulations in 10 CFR
2.202, ‘‘Orders,’’ it is hereby ordered,
effective immediately, that license nos.
DPR–33, DPR–52, and DPR–68 are
modified as follows:
A. TVA will submit an acceptable
license amendment request for Browns
Ferry Nuclear Plant, Units 1, 2, and 3,
to adopt NFPA Standard 805 by no later
E:\FR\FM\29MYN1.SGM
29MYN1
]]>Agencies
[Federal Register Volume 77, Number 103 (Tuesday, May 29, 2012)]
[Notices]
[Pages 31647-31649]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12913]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
Establishing Indicators to Determine Whether State Plan
Operations are At Least as Effective as Federal OSHA: Stakeholder
Meeting
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice of public meeting.
-----------------------------------------------------------------------
SUMMARY: The Occupational Safety and Health Administration (OSHA)
invites interested parties to participate in an informal stakeholder
meeting on establishing definitions and measures to determine whether
OSHA-approved State Plans for occupational safety and health (State
Plans) are at least as effective as the Federal OSHA program as
required by the Occupational Safety and Health Act of 1970. The purpose
of this meeting is to provide a forum to gather information and ideas
on key outcome and activity based indicators and how OSHA can use such
indicators to assess the effectiveness of State Plans.
DATES: The date for the stakeholder meeting is June 25, 2012, from 10
a.m. to 1 p.m. eastern standard time, in Washington, DC. The deadline
for registration to attend or participate in the meeting and to submit
written comments is June 11, 2012.
ADDRESSES: The meeting will be held in the Francis Perkins Building,
U.S. Department of Labor, Room N3437, at 200 Constitution Ave. NW.,
Washington, DC 20210. The nearest Metro station is Judiciary Square
(Red Line). Photo ID is required to enter the building.
Registration to attend or participate in the meeting: To
participate in the June 25, 2012 stakeholder meeting, provide written
comments or be a nonparticipating observer, you must register
electronically, by phone, or by facsimile by close of business on June
11, 2012. Those interested may register with Angela DeCanio by email
at: DeCanio.Angela@dol.gov, by phone at: (202) 693-2239, or by fax at:
(202) 693-1671. Registrants should label their requests as:
``Stakeholder Meeting: Monitoring of OSHA-Approved State Plans.'' When
registering please indicate the following: (1) Name, address, phone,
fax, and email address; (2) Organization for which you work; and, (3)
Organization you will represent (if different).
The meeting will last 3 hours, and be limited to approximately 20
participants. OSHA will do its best to accommodate all persons who wish
to participate. OSHA encourages persons and groups having similar
interests to consolidate their information and participate through a
single representative. Members of the general public may observe, but
not participate in, the meetings as space permits. OSHA staff will be
present to take part in the discussions.
OSHA staff will manage registration of participants and observers
and logistics for the meeting. A transcription of the meeting will be
available for review at www.osha.gov. OSHA will confirm participants to
ensure a fair representation of interests and a wide range of
viewpoints. Nonparticipating observers who do not register for the
meeting will be accommodated as space permits. Electronic copies of
this Federal Register notice, as well as news releases and other
relevant documents, are available on the OSHA Web page at:
www.osha.gov. Registrants wanting to submit written comments must do so
by June 11, 2012.
FOR FURTHER INFORMATION CONTACT: For general and press inquiries
contact: Frank Meilinger, Director, OSHA Office of Communications, U.S.
Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210;
telephone: (202) 693-1725; email: meilinger.francis2@dol.gov. For
technical information contact: Doug Kalinowski, Director, OSHA
Directorate of Cooperative and State Programs, Room N-3700, U.S.
Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210;
telephone: (202) 693-2200; email: kalinowski.doug@dol.gov.
[[Page 31648]]
SUPPLEMENTARY INFORMATION:
I. Background
The Occupational Safety and Health Act of 1970 (``the Act'')
created OSHA ``to assure so far as possible every working man and woman
in the Nation safe and healthful working conditions * * *.'' The Act
also encourages states to develop and operate their own workplace
safety and health plans. Once OSHA approves a State Plan under Section
18(b) of the Act, OSHA may fund up to 50 percent of the state program's
operating costs. Absent an approved State Plan, states are preempted
from enforcing occupational safety and health standards. As a condition
of OSHA approval, State Plans must provide standards and enforcement
programs that are ``at least as effective as'' the federal OSHA
program, in addition to voluntary compliance activities, and cover
public sector employees. OSHA is responsible for the approval and
monitoring of State Plans.
Currently there are 27 OSHA-approved state occupational safety and
health plans. Twenty-two states and territories operate comprehensive
State Plans covering the private sector and state and local government
employers and employees. Five states and territories operate State
Plans which cover only public sector employees. Additional information
about state programs may be found at: https://www.osha.gov/dcsp/osp/.
The Occupational Safety and Health State Plan Association (OSHSPA),
the organization of officials from each of the OSHA-approved state
plans, serves as the link from the states to federal agencies that have
occupational safety and health jurisdiction and to Congress. The group
holds three meetings a year with federal OSHA, giving State Plans the
opportunity to address common issues and share information. OSHSPA
representatives have appeared before congressional committees and other
bodies to report on job safety and health issues.
Following congressional hearings over the past several years
concerning state plan effectiveness, and an audit by the Department of
Labor's Office of the Inspector General in March 2011, OSHA increased
the level of onsite monitoring of state plans and committed to further
strengthening communication between federal OSHA and the State Plans.
On October 29, 2009, Deputy Assistant Secretary Jordan Barab testified
before the House Committee on Education and Labor about the Special
Study that OSHA conducted of the Nevada State Plan and OSHA's plans for
increasing oversight and conducting a baseline special evaluation in
all other State Plans.
In accordance with the Occupational Safety and Health Act of 1970,
OSHA conducts an evaluation of the 27 approved State Plan States each
fiscal year. Before FY 2009, the Federal Annual Monitoring and
Evaluation (FAME) reports primarily assessed the State Plans' progress
toward achieving the performance goals established by their strategic
and annual performance plans as well as certain mandated activity
measures tied to the federal OSHA program or requirements of the Act.
OSHA and the State Plans have outcome based measures that are part of
their strategic plans, including reducing fatalities and injuries/
illnesses. Additional information can be found at: https://www.dol.gov/sec/stratplan/StrategicPlan.pdf and https://www.osha.gov/dcsp/osp/efame/.
In FY 2009 the FAME reports were enhanced to include baseline
special evaluations for each State Plan. The Enhanced FAME reports
assessed the State Plans' progress toward achieving the performance
goals established by their FY 2009 Annual Performance Plans and
reviewed the effectiveness of programmatic areas related to enforcement
activities through onsite audits and case file reviews. Each State Plan
formally responded to the Enhanced FAME report and, as appropriate,
developed a Corrective Action Plan that was approved by OSHA. The 2009
interim monitoring guidance, intended to assist OSHA regions in
monitoring state plans and preparing the FAME reports, focused on
enforcement activities and the Corrective Action Plans in addition to
performance goal. It was revised for the FY 2010 and FY 2011
evaluations in response to concerns and issues raised both within OSHA
and from State Plans.
In response to the Office of the Inspector General (OIG) report
entitled ``OSHA Has Not Determined If State OSH Programs Are At Least
As Effective in Improving Workplace Safety and Health as Federal OSHA's
Programs'' (https://www.oig.dol.gov/public/reports/oa/2011/02-11-201-10-105.pdf), OSHA is working with OSHSPA to examine the monitoring system
and address the OIG's recommendation to OSHA ``to define effectiveness,
design measures to quantify impact, establish a baseline for State Plan
evaluations, and revise monitoring to include an assessment of
effectiveness.'' The goal of the stakeholder meeting announced in this
notice is to solicit ideas about how to define and measure
effectiveness and to develop a revised monitoring system (in place of
the interim guidance) to ensure consistency and effectiveness across
the State Plans.
II. Stakeholder Meeting
The stakeholder meeting announced in this notice will be conducted
in a manner that encourages participants to express individual views
about how to determine whether OSHA-approved State Plans are as
effective as the Federal OSHA program. Formal presentations by
stakeholders are discouraged. The stakeholder meeting discussions will
center on key indicators of effectiveness for Federal OSHA and OSHA-
approved State Plans. The specific issues to be discussed will include
the following:
1. OSHA's mission is ``to assure safe and healthful working
conditions for working men and women by setting and enforcing standards
and by providing training, outreach, education and assistance.''
(a) How would you define or describe the components that constitute
an OSHA-approved State Plan that was ``effective'' in achieving this
mission (e.g., funding, staffing, standards setting, strong enforcement
program, strong consultation program, frequency of inspection, strong
training and outreach programs, level of penalties etc.)?
(b) What outcome based measures would you use to determine whether
OSHA-approved State Plans were achieving this mission (e.g., reductions
in injury and illness rates, reductions in fatality rates, etc.)?
(c) What activity based measures would you use to determine whether
OSHA-approved State Plans were achieving this mission (e.g., number of
inspections conducted, number of violations issued, etc.)?
2. Should there be a core set of effectiveness measures that both
OSHA and State Plan programs must meet?
3. What activity and outcome based measures would you use to assess
effectiveness as it relates to the reduction of health hazards?
4. What activity and outcome based measures would you use to assess
the effectiveness of the whistleblower program under Section 11(c) of
the Act?
5. What indicators would you use to determine and monitor whether
OSHA-approved State Plans are ``at least as effective'' as federal OSHA
as outlined in Section 18(b) of the Act?
Representatives from the State Plans and OSHA have been working to
develop a number of draft measures. OSHA will make these draft measures
available on its Web site no less than
[[Page 31649]]
two weeks before the stakeholder meeting.
Authority and Signature
This document was prepared under the direction of David Michaels,
Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and
Health.
Signed at Washington, DC, on May 23, 2012.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2012-12913 Filed 5-25-12; 8:45 am]
BILLING CODE 4510-29-P
