Maine State Plan for State and Local Government Employers; Notice of Submission; Proposal To Grant Initial State Plan Approval; Request for Public Comment and Opportunity To Request Public Hearing, 28890-28893 [2015-12154]
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Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Proposed Rules
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[FR Doc. 2015–12230 Filed 5–19–15; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1956
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[Docket No. OSHA–2015–0003]
Maine State Plan for State and Local
Government Employers; Notice of
Submission; Proposal To Grant Initial
State Plan Approval; Request for
Public Comment and Opportunity To
Request Public Hearing
Occupational Safety and Health
Administration (OSHA), Department of
Labor.
AGENCY:
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Proposed rule; request for
written comments; notice of opportunity
to request informal public hearing.
ACTION:
This document gives notice of
the submission by the Maine
Department of Labor of a developmental
State Plan for occupational safety and
health, applicable only to public sector
employment (employees of the State
and its political subdivisions), for
determination of initial approval under
Section 18 of the Occupational Safety
and Health Act of 1970 (the ‘‘Act’’).
OSHA is seeking written public
comment on whether or not initial State
Plan approval should be granted and
offers an opportunity to interested
persons to request an informal public
hearing on the question of initial State
Plan approval. Approval of the Maine
State and Local Government Only State
Plan will be contingent upon a
determination that the Plan meets, or
will meet within three years, OSHA’s
Plan approval criteria and the
availability of funding as contained in
the Department of Labor’s Fiscal Year
2015 budget.
DATES: Comments and requests for a
hearing must be submitted by June 19,
2015.
ADDRESSES: Written comments: Submit
comments, identified by docket number
OSHA–2015–0003, by any of the
following methods:
Electronically: Submit comments and
attachments electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions on-line for making
electronic submissions; or
Fax: If your submission, including
attachments, does not exceed 10 pages,
you may fax them to the OSHA Docket
Office at (202) 693–1648; or
U.S. mail, hand delivery, express
mail, messenger or courier service:
Submit your comments and attachments
to the OSHA Docket Office, Docket
Number OSHA–2015–0003, U.S.
Department of Labor, Room N–2625,
200 Constitution Avenue NW.,
Washington, DC 20210; telephone (202)
693–2350 (OSHA’s TTY number is (877)
889–5627). Deliveries (hand, express
mail, messenger and courier service) are
accepted during the Department of
Labor’s and Docket Office’s normal
business hours, 8:15 a.m.–4:45 p.m.,
EDT.
Instructions for submitting comments:
All submissions must include the
docket number (Docket No. OSHA–
2015–0003) for this rulemaking. Because
of security-related procedures,
submission by regular mail may result
in significant delay. Please contact the
OSHA Docket Office for information
SUMMARY:
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about security procedures for making
submissions by hand delivery, express
mail and messenger or courier service.
All comments, including any personal
information you provide, are placed in
the public docket without change and
will be made available online at
https://www.regulations.gov. Therefore,
OSHA cautions you about submitting
personal information such as social
security numbers and birthdates.
Docket: To read or download
submissions in response to this Federal
Register notice, go to docket number
OSHA–2015–0003, at https://
www.regulations.gov. All submissions
are listed in the https://
www.regulations.gov index, however
some information (e.g., copyrighted
material) is not publicly available to
read or download through that Web
page. All submissions, including
copyrighted material, are available for
inspection at the OSHA Docket Office.
Electronic copies of this Federal
Register document as well as copies of
the proposed Maine State and Local
Government Only State Plan narrative
are available at https://
www.regulations.gov. This document, as
well as news releases and other relevant
information, is available at OSHA’s Web
page at https://www.osha.gov. are
available at OSHA’s Web page at
https://www.osha.gov. A copy of the
documents referenced in this notice
may also be obtained from the OSHA
Docket Office, at the address above.
FOR FURTHER INFORMATION CONTACT:
For press inquiries: Contact Francis
Meilinger, Office of Communications,
Room N–3647, OSHA, U.S. Department
of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210; Telephone (202)
693–1999; email meilinger.francis2@
dol.gov.
For general and technical
information: Contact Douglas J.
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.
SUPPLEMENTARY INFORMATION:
A. Background
Section 18 of the Occupational Safety
and Health Act of 1970 (the ‘‘Act’’), 29
U.S.C. 667, provides that a State which
desires to assume responsibility for the
development and enforcement of
standards relating to any occupational
safety and health issue with respect to
which a Federal standard has been
promulgated may submit a State Plan to
the Assistant Secretary of Labor for
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Occupational Safety and Health
(‘‘Assistant Secretary’’) documenting the
proposed program in detail. Regulations
promulgated pursuant to the Act at 29
CFR part 1956 provide that a State may
submit a State Plan for the development
and enforcement of occupational safety
and health standards applicable only to
employers of the State and its political
subdivisions (‘‘public employers’’).
Under these regulations the Assistant
Secretary will approve a State Plan for
public employers if the Plan provides
for the development and enforcement of
standards relating to hazards in
employment covered by the Plan which
are or will be at least as effective in
providing safe and healthful
employment and places of employment
as standards promulgated and enforced
under Section 6 of the Act, giving due
consideration to differences between
public and private sector employment.
In making this determination the
Assistant Secretary will consider,
among other things, the criteria and
indices of effectiveness set forth in 29
CFR part 1956, subpart B. State and
local government workers are excluded
from Federal OSHA coverage under the
Act.
B. Maine State Plan History
Since 1971, the Maine Department of
Labor, Bureau of Labor Standards
(Bureau), has adopted standards and
performed inspections in the public
sector (State, county, and municipal
employers) as outlined under the
provisions of the State’s existing
enabling legislation: Maine Revised
Statutes, Title 26: Labor and Industry.
Maine began working on a State and
Local Government Only State Plan in
2012 and submitted a draft Plan to
OSHA in February of 2013. OSHA’s
review findings were detailed in various
memoranda and other documents.
OSHA determined that the Maine
statutes, as structured, and the proposed
State Plan necessitated changes in order
to meet the State and Local Government
Only State Plan approval criteria in 29
CFR 1956. Maine formally submitted a
revised Plan applicable only to public
employers for Federal approval on May
2, 2013. Over the next several months,
OSHA worked with Maine in
identifying areas of the proposed Plan
which needed to be addressed or
required clarification. In response to
Federal review of the proposed State
Plan, supplemental assurances, and
revisions, corrections and additions to
the Plan were submitted on September
4, 2013 and November 7, 2014. Further
modifications were submitted by the
State on December 19, 2014.
Amendments to Maine Revised Statutes,
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Title 26 were proposed and enacted by
the Maine Legislature and signed into
law by the Governor in 2014. The
amended legislation provides the basis
for establishing a comprehensive
occupational safety and health program
applicable to the public employers in
the State. The revised Plan has been
found to be conceptually approvable as
a developmental State Plan.
The Act provides for funding of up to
50% of the State Plan costs, but
longstanding language in OSHA’s
appropriation legislation further
provides that OSHA must fund ‘‘* * *
no less than 50% of the costs . . .
required to be incurred’’ by an approved
State Plan. Such Federal funds to
support the State Plan must be available
prior to State Plan approval. The Fiscal
Year 2015 Omnibus Appropriations Act
includes $400,000 in additional OSHA
State Plan grant funds to allow for
Department of Labor approval of a
Maine State Plan. After an opportunity
for public comment and a hearing,
should one be requested, the Assistant
Secretary will approve the Maine State
and Local Government Only State Plan
if it is determined that the Plan meets
the criteria set forth in the Act and
applicable regulations at 29 CFR part
1956, subpart B. The approval of a State
Plan for state and local government
employers in Maine is not a significant
regulatory action as defined in
Executive Order 12866.
C. Description of the Maine State Plan
The Plan designates the Maine
Department of Labor as the State agency
responsible for administering the Plan
throughout the State. Under the Plan’s
legislation, Title 26 of the Maine
Revised Statutes, the Maine Department
of Labor has full authority to adopt
standards and regulations (through the
Board of Occupational Safety and
Health) and enforce and administer all
laws and rules protecting the safety and
health of employees of the State and its
political subdivisions. Maine will adopt
State standards identical to Federal
occupational safety and health
standards (with minor exceptions) as
promulgated through March 30, 2015.
The Plan also provides that future
OSHA standards and revisions will be
adopted by the State within six months
of Federal promulgation (30 days for
any emergency temporary standard) in
accordance with the requirements at 29
CFR 1953.5. Title 26, Chapter 6, Section
571 of the Maine Revised Statutes
includes provisions for the granting of
permanent and temporary variances
from State standards to public
employers in terms substantially similar
to the variance provisions contained in
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28891
the Act. Variances may not be granted
unless it is established that adequate
protection is afforded employees under
the terms of the variance. Title 26,
Chapter 6, Section 566 and Chapter 3,
Section 44 of the Maine Revised
Statutes provides for inspections of
covered workplaces. Title 26, Chapter 3,
Subsection 50 provides for inspections
in response to employee complaints. If
a determination is made that an
employee complaint does not warrant
an inspection, the complainant will be
notified in writing of such
determination. Additionally, Section
44–A of Chapter 3 provides the
opportunity for employer and employee
representatives to accompany an
inspector during an inspection for the
purpose of aiding in the inspection. The
Plan in Title 26, Chapter 3, Sections 42–
B and 45, provides for notification to
employees of their protections and
obligations under the Plan by such
means as a State poster, required
posting of notices of violation, etc. Title
26, Chapter 6, subsection 570 provides
for protection of employees against
discharge or discrimination resulting
from exercise of their rights under the
State Acts in terms essentially identical
to Section 11(c) of the Federal Act. The
Plan also includes provisions for right of
entry for inspection, prohibition of
advance notice of inspection, and
employers’ obligations to maintain
records and provide reports as required.
Section 46 of Title 26 contains
authority for a system of first instance
monetary penalties, and the State’s
intent is to issue monetary penalties for
serious violations. The State has
discretionary authority for civil
penalties of up to $1,000 per day the
violation continues for repeat and
willful violations. Serious and otherthan-serious violations may be assessed
a penalty of up to $1,000 per violation
and failure-to-correct violations may be
assessed a penalty of up to $1,000 per
day. In addition, criminal penalties can
be issued to public employers who
willfully violate any standard, rule or
order. The Plan provides a scheme of
enforcement for compelling compliance
under which public employers are
issued citations for any violation of
standards. These citations must describe
the nature of the violation, including
reference to the standard, and fix a
reasonable time for abatement. The
Maine Plan includes the Board of
Occupational Safety and Health (Board),
which adopts standards, and also is an
independent review authority for review
of contested cases. The Director of the
Bureau will remain responsible for the
enforcement process, including the
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Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Proposed Rules
issuance of citations and penalties, and
their defense, if contested. Public
employers or their representatives who
receive a citation or a proposed penalty
may within 15 working days contest the
citation, proposed penalty and/or
abatement period and request a hearing
before the Board. Any public employee
or representative aggrieved by a citation
or proposed penalty may within 15
working days request a hearing before
the Board. Employers may also request
informal review of penalties with the
Bureau if the employer agrees to abate
the cited hazard. The Board’s decision
is subject to appeal to the courts.
The State currently has a staff of two
safety compliance officers and zero
health compliance officers. The Bureau
delivers OSHA’s On-Site Consultation
program to private sector employers
throughout the State. Maine currently
has a staff of three safety and two health
consultants, who perform duties
equivalent to OSHA’s On-Site
Consultation program, for state and
local government employers. Currently,
for these employers, if the state receives
a health complaint, a consultant will
accompany and assist the enforcement
officer. The Plan provides assurances
that within six months no staff will have
dual roles, and the State will have a
fully trained, adequate staff of two
safety compliance officers and one
health compliance officer for
enforcement inspections, and three
safety consultants and one health
consultant to perform consultation
services in the public sector. As new
staff members are hired they will
perform either enforcement or
consultation functions. 29 CFR
1956.10(g) requires that State Plans for
public employers provide a sufficient
number of adequately trained and
qualified personnel necessary for the
enforcement of standards. The
compliance staffing requirements (or
benchmarks) for State Plans covering
both the private and public sectors are
established based on the ‘‘fully
effective’’ test established in AFL–CIO v.
Marshall, 570 F.2d 1030 (D.C. Cir.
1978). This staffing test, and the
complicated formula used to derive
benchmarks for complete private/public
sector Plans, is not intended, nor is it
appropriate, for application to the
staffing needs of public employer only
Plans. However, the State has given
satisfactory assurance in its Plan that it
will meet the staffing requirements of 29
CFR 1956.10. The State has also given
satisfactory assurances of adequate State
matching funds (50%) to support the
Plan and is requesting initial Federal
funding of $400,000 for a total initial
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program effort of $800,000. Although
the State statute sets forth the general
authority and scope for implementing
the Maine State and Local Government
Only State Plan, the Plan is
developmental under the terms of 29
CFR 1956.2(b), in that specific rules,
regulations, and implementing
procedures must still be adopted or
revised to carry out the Plan and make
it structurally ‘‘at least as effective’’ as
Federal OSHA and fully operational.
The Plan sets forth a timetable for the
accomplishment of these and other
developmental goals within three years
of Plan approval. This timetable
addresses such general areas as the
minor revision of existing legislation
and development of procedures for the
on-site public sector consultation
program. Other developmental aspects
include hiring and training of staff,
participation in OSHA’s Information
System (OIS), development of a Field
Operations Manual, development of an
Annual Performance Plan and a FiveYear Strategic Plan and all other
implementing policies, procedures,
regulations and instruction necessary
for the operation of an effective
program.
D. Request for Public Comment and
Opportunity To Request Hearing
Public comment on the Maine State
and Local Government Only State Plan
is hereby requested. Interested persons
are invited to submit written data,
views, and comments with respect to
this proposed initial State Plan
approval. These comments must be
received on or before June 19, 2015.
Written submissions must clearly
identify the issues that are addressed
and the positions taken with respect to
each issue. The State of Maine will be
afforded the opportunity to respond to
each submission. The Maine
Department of Labor must also publish
appropriate notice within the State of
Maine within five days of publication of
this notice, announcing OSHA’s
proposal to approve a Maine State and
Local Government Only State Plan,
contingent on the availability of
appropriated funds, and giving notice of
the opportunity for public comment.
Pursuant to 29 CFR 1902.13(f),
interested persons may request an
informal hearing concerning the
proposed initial State Plan approval.
Such requests also must be received on
or before June 19, 2015 and may be
submitted electronically, by facsimile,
or by regular mail, hand delivery,
express mail, messenger or courier
service, as indicated under ADDRESSES
above. Such requests must present
particularized written objections to the
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proposed initial State Plan approval.
Within 30 days of the close of the
comment period, the Assistant Secretary
will review all comments submitted;
will review all hearing requests; and
will schedule an informal hearing if a
hearing is required to resolve substantial
issues. The Assistant Secretary will,
within a reasonable time after the close
of the comment period or after the
certification of the record if a hearing is
held, publish a decision in the Federal
Register. All written and oral
submissions, as well as other
information gathered by OSHA, will be
considered in any action taken. The
record of this proceeding, including
written comments and requests for
hearing, and all materials submitted in
response to this notice and at any
subsequent hearing, will be available at
https://www.regulations.gov or the OSHA
Docket Office at the address above.
E. Regulatory Flexibility Act
OSHA certifies pursuant to the
Regulatory Flexibility Act of 1980 (5
U.S.C. 601 et seq.) that the proposed
initial approval of the Maine State Plan
will not have a significant economic
impact on a substantial number of small
entities. By its own terms, the Plan will
have no effect on private sector
employment, but is limited to the State
and its political subdivisions. Moreover,
Title 26, Labor and Industry, of the
Maine Revised Statutes, was enacted in
1971. This legislation established the
Board, whose purpose is to formulate
rules that shall, at a minimum, conform
with federal standards of occupational
safety and health, so the state program
could eventually be approved as State
and Local Government Only State Plan.
Since 1971 the Maine program for
public employers has been in operation
under the Maine Department of Labor
with State funding and all state and
local government employers in the State
have been subject to its terms.
Compliance with State OSHA standards
is required by State law; Federal
approval of a State Plan imposes
regulatory requirements only on the
agency responsible for administering the
State Plan. Accordingly, no new
obligations would be placed on public
sector employers as a result of Federal
approval of the Plan.
F. Federalism
Executive Order 13132, ‘‘Federalism,’’
emphasizes consultation between
Federal agencies and the States and
establishes specific review procedures
the Federal government must follow as
it carries out policies which affect state
or local governments. OSHA has
consulted extensively with Maine
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throughout the development,
submission and consideration of its
proposed State Plan. Although OSHA
has determined that the requirements
and consultation procedures provided
in Executive Order 13132 are not
applicable to initial approval decisions
under the Act, which have no effect
outside the particular State receiving the
approval, OSHA has reviewed the
Maine initial approval decision
proposed today, and believes it is
consistent with the principles and
criteria set forth in the Executive Order.
Authority and Signature
David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health, U.S.
Department of Labor, 200 Constitution
Ave. NW., Washington, DC, 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), Secretary of
Labor’s Order No. 1–2012 (77 FR 3912),
and 29 CFR parts 1902 and 1956.
Signed in Washington, DC, on May 14,
2015.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2015–12154 Filed 5–19–15; 8:45 am]
BILLING CODE 4510–26–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2013–0819; FRL–9927–47–
Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Illinois;
NAAQS Update
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the Illinois State
Implementation Plan. The submitted
state rule revisions update Illinois’
ambient air quality standards for sulfur
dioxide, ozone, nitrogen dioxide, lead,
fine particulate matter, particulate
matter, and carbon monoxide and bring
them up to date (through 2012) with
EPA-promulgated National Ambient Air
Quality Standards. The SIP revision also
adopts EPA-promulgated monitoring
methods and test procedures for the
revised state air quality standards.
DATES: Comments must be received on
or before June 19, 2015.
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SUMMARY:
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Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2013–0819, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: Aburano.Douglas@epa.gov.
3. Fax: (312) 408–2279.
4. Mail: Douglas Aburano, Chief,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
5. Hand Delivery: Douglas Aburano,
Chief, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted
during the Regional Office normal hours
of operation, and special arrangements
should be made for deliveries of boxed
information. The Regional Office official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Please see the direct final rule which is
located in the Rules section of this
Federal Register for detailed
instructions on how to submit
comments.
FOR FURTHER INFORMATION CONTACT:
Edward Doty, Air Programs Branch
(AR–18J), Environmental Protection
Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6057,
Doty.Edward@epa.gov.
SUPPLEMENTARY INFORMATION: In the
Final Rules section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this rule, no
further activity is contemplated. If EPA
receives adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that, if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. For additional information,
ADDRESSES:
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see the direct final rule which is located
in the Rules section of this Federal
Register.
Dated: May 4, 2015.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2015–12253 Filed 5–19–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2014–0812; FRL–9927–89–
Region 9]
Partial Approval and Disapproval of Air
Quality State Implementation Plans;
Nevada; Infrastructure Requirements
for Ozone, Nitrogen Dioxide, and
Sulfur Dioxide
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to partially
approve and partially disapprove the
Nevada State Implementation Plan (SIP)
as meeting the requirements of the
Clean Air Act (CAA or the Act) for the
implementation, maintenance, and
enforcement of the 2008 ozone, 2010
nitrogen dioxide (NO2), and 2010 sulfur
dioxide (SO2) national ambient air
quality standards (NAAQS). CAA
section 110(a)(1) requires that each state
adopt and submit a SIP for the
implementation, maintenance, and
enforcement of each NAAQS
promulgated by the EPA, and that EPA
act on such SIPs. We refer to such SIPs
as ‘‘infrastructure’’ SIPs because they
are intended to address basic structural
SIP requirements for new or revised
NAAQS including, but not limited to,
legal authority, regulatory structure,
resources, permit programs, monitoring,
and modeling necessary to assure
attainment and maintenance of the
standards. In addition to our proposed
partial approval and partial disapproval
of Nevada’s infrastructure SIP, we are
proposing to reclassify certain regions of
the state for SO2 emergency episode
planning and remove obsolete language
from the Nevada SIP. We are taking
comments on this proposal and plan to
follow with a final action.
DATES: Written comments must be
received on or before June 19, 2015.
ADDRESSES: EPA has established a
docket for this action, identified by
Docket ID Number EPA–R09–OAR–
2014–0812. The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Proposed Rules]
[Pages 28890-28893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12154]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1956
[Docket No. OSHA-2015-0003]
Maine State Plan for State and Local Government Employers; Notice
of Submission; Proposal To Grant Initial State Plan Approval; Request
for Public Comment and Opportunity To Request Public Hearing
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Proposed rule; request for written comments; notice of
opportunity to request informal public hearing.
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SUMMARY: This document gives notice of the submission by the Maine
Department of Labor of a developmental State Plan for occupational
safety and health, applicable only to public sector employment
(employees of the State and its political subdivisions), for
determination of initial approval under Section 18 of the Occupational
Safety and Health Act of 1970 (the ``Act''). OSHA is seeking written
public comment on whether or not initial State Plan approval should be
granted and offers an opportunity to interested persons to request an
informal public hearing on the question of initial State Plan approval.
Approval of the Maine State and Local Government Only State Plan will
be contingent upon a determination that the Plan meets, or will meet
within three years, OSHA's Plan approval criteria and the availability
of funding as contained in the Department of Labor's Fiscal Year 2015
budget.
DATES: Comments and requests for a hearing must be submitted by June
19, 2015.
ADDRESSES: Written comments: Submit comments, identified by docket
number OSHA-2015-0003, by any of the following methods:
Electronically: Submit comments and attachments electronically at
https://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions on-line for making electronic submissions; or
Fax: If your submission, including attachments, does not exceed 10
pages, you may fax them to the OSHA Docket Office at (202) 693-1648; or
U.S. mail, hand delivery, express mail, messenger or courier
service: Submit your comments and attachments to the OSHA Docket
Office, Docket Number OSHA-2015-0003, U.S. Department of Labor, Room N-
2625, 200 Constitution Avenue NW., Washington, DC 20210; telephone
(202) 693-2350 (OSHA's TTY number is (877) 889-5627). Deliveries (hand,
express mail, messenger and courier service) are accepted during the
Department of Labor's and Docket Office's normal business hours, 8:15
a.m.-4:45 p.m., EDT.
Instructions for submitting comments: All submissions must include
the docket number (Docket No. OSHA-2015-0003) for this rulemaking.
Because of security-related procedures, submission by regular mail may
result in significant delay. Please contact the OSHA Docket Office for
information about security procedures for making submissions by hand
delivery, express mail and messenger or courier service. All comments,
including any personal information you provide, are placed in the
public docket without change and will be made available online at
https://www.regulations.gov. Therefore, OSHA cautions you about
submitting personal information such as social security numbers and
birthdates.
Docket: To read or download submissions in response to this Federal
Register notice, go to docket number OSHA-2015-0003, at https://www.regulations.gov. All submissions are listed in the https://www.regulations.gov index, however some information (e.g., copyrighted
material) is not publicly available to read or download through that
Web page. All submissions, including copyrighted material, are
available for inspection at the OSHA Docket Office. Electronic copies
of this Federal Register document as well as copies of the proposed
Maine State and Local Government Only State Plan narrative are
available at https://www.regulations.gov. This document, as well as news
releases and other relevant information, is available at OSHA's Web
page at https://www.osha.gov. are available at OSHA's Web page at https://www.osha.gov. A copy of the documents referenced in this notice may
also be obtained from the OSHA Docket Office, at the address above.
FOR FURTHER INFORMATION CONTACT:
For press inquiries: Contact Francis Meilinger, Office of
Communications, Room N-3647, OSHA, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210; Telephone (202) 693-
1999; email meilinger.francis2@dol.gov.
For general and technical information: Contact Douglas J.
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.
SUPPLEMENTARY INFORMATION:
A. Background
Section 18 of the Occupational Safety and Health Act of 1970 (the
``Act''), 29 U.S.C. 667, provides that a State which desires to assume
responsibility for the development and enforcement of standards
relating to any occupational safety and health issue with respect to
which a Federal standard has been promulgated may submit a State Plan
to the Assistant Secretary of Labor for
[[Page 28891]]
Occupational Safety and Health (``Assistant Secretary'') documenting
the proposed program in detail. Regulations promulgated pursuant to the
Act at 29 CFR part 1956 provide that a State may submit a State Plan
for the development and enforcement of occupational safety and health
standards applicable only to employers of the State and its political
subdivisions (``public employers''). Under these regulations the
Assistant Secretary will approve a State Plan for public employers if
the Plan provides for the development and enforcement of standards
relating to hazards in employment covered by the Plan which are or will
be at least as effective in providing safe and healthful employment and
places of employment as standards promulgated and enforced under
Section 6 of the Act, giving due consideration to differences between
public and private sector employment. In making this determination the
Assistant Secretary will consider, among other things, the criteria and
indices of effectiveness set forth in 29 CFR part 1956, subpart B.
State and local government workers are excluded from Federal OSHA
coverage under the Act.
B. Maine State Plan History
Since 1971, the Maine Department of Labor, Bureau of Labor
Standards (Bureau), has adopted standards and performed inspections in
the public sector (State, county, and municipal employers) as outlined
under the provisions of the State's existing enabling legislation:
Maine Revised Statutes, Title 26: Labor and Industry. Maine began
working on a State and Local Government Only State Plan in 2012 and
submitted a draft Plan to OSHA in February of 2013. OSHA's review
findings were detailed in various memoranda and other documents. OSHA
determined that the Maine statutes, as structured, and the proposed
State Plan necessitated changes in order to meet the State and Local
Government Only State Plan approval criteria in 29 CFR 1956. Maine
formally submitted a revised Plan applicable only to public employers
for Federal approval on May 2, 2013. Over the next several months, OSHA
worked with Maine in identifying areas of the proposed Plan which
needed to be addressed or required clarification. In response to
Federal review of the proposed State Plan, supplemental assurances, and
revisions, corrections and additions to the Plan were submitted on
September 4, 2013 and November 7, 2014. Further modifications were
submitted by the State on December 19, 2014. Amendments to Maine
Revised Statutes, Title 26 were proposed and enacted by the Maine
Legislature and signed into law by the Governor in 2014. The amended
legislation provides the basis for establishing a comprehensive
occupational safety and health program applicable to the public
employers in the State. The revised Plan has been found to be
conceptually approvable as a developmental State Plan.
The Act provides for funding of up to 50% of the State Plan costs,
but longstanding language in OSHA's appropriation legislation further
provides that OSHA must fund ``* * * no less than 50% of the costs . .
. required to be incurred'' by an approved State Plan. Such Federal
funds to support the State Plan must be available prior to State Plan
approval. The Fiscal Year 2015 Omnibus Appropriations Act includes
$400,000 in additional OSHA State Plan grant funds to allow for
Department of Labor approval of a Maine State Plan. After an
opportunity for public comment and a hearing, should one be requested,
the Assistant Secretary will approve the Maine State and Local
Government Only State Plan if it is determined that the Plan meets the
criteria set forth in the Act and applicable regulations at 29 CFR part
1956, subpart B. The approval of a State Plan for state and local
government employers in Maine is not a significant regulatory action as
defined in Executive Order 12866.
C. Description of the Maine State Plan
The Plan designates the Maine Department of Labor as the State
agency responsible for administering the Plan throughout the State.
Under the Plan's legislation, Title 26 of the Maine Revised Statutes,
the Maine Department of Labor has full authority to adopt standards and
regulations (through the Board of Occupational Safety and Health) and
enforce and administer all laws and rules protecting the safety and
health of employees of the State and its political subdivisions. Maine
will adopt State standards identical to Federal occupational safety and
health standards (with minor exceptions) as promulgated through March
30, 2015. The Plan also provides that future OSHA standards and
revisions will be adopted by the State within six months of Federal
promulgation (30 days for any emergency temporary standard) in
accordance with the requirements at 29 CFR 1953.5. Title 26, Chapter 6,
Section 571 of the Maine Revised Statutes includes provisions for the
granting of permanent and temporary variances from State standards to
public employers in terms substantially similar to the variance
provisions contained in the Act. Variances may not be granted unless it
is established that adequate protection is afforded employees under the
terms of the variance. Title 26, Chapter 6, Section 566 and Chapter 3,
Section 44 of the Maine Revised Statutes provides for inspections of
covered workplaces. Title 26, Chapter 3, Subsection 50 provides for
inspections in response to employee complaints. If a determination is
made that an employee complaint does not warrant an inspection, the
complainant will be notified in writing of such determination.
Additionally, Section 44-A of Chapter 3 provides the opportunity for
employer and employee representatives to accompany an inspector during
an inspection for the purpose of aiding in the inspection. The Plan in
Title 26, Chapter 3, Sections 42-B and 45, provides for notification to
employees of their protections and obligations under the Plan by such
means as a State poster, required posting of notices of violation, etc.
Title 26, Chapter 6, subsection 570 provides for protection of
employees against discharge or discrimination resulting from exercise
of their rights under the State Acts in terms essentially identical to
Section 11(c) of the Federal Act. The Plan also includes provisions for
right of entry for inspection, prohibition of advance notice of
inspection, and employers' obligations to maintain records and provide
reports as required.
Section 46 of Title 26 contains authority for a system of first
instance monetary penalties, and the State's intent is to issue
monetary penalties for serious violations. The State has discretionary
authority for civil penalties of up to $1,000 per day the violation
continues for repeat and willful violations. Serious and other-than-
serious violations may be assessed a penalty of up to $1,000 per
violation and failure-to-correct violations may be assessed a penalty
of up to $1,000 per day. In addition, criminal penalties can be issued
to public employers who willfully violate any standard, rule or order.
The Plan provides a scheme of enforcement for compelling compliance
under which public employers are issued citations for any violation of
standards. These citations must describe the nature of the violation,
including reference to the standard, and fix a reasonable time for
abatement. The Maine Plan includes the Board of Occupational Safety and
Health (Board), which adopts standards, and also is an independent
review authority for review of contested cases. The Director of the
Bureau will remain responsible for the enforcement process, including
the
[[Page 28892]]
issuance of citations and penalties, and their defense, if contested.
Public employers or their representatives who receive a citation or a
proposed penalty may within 15 working days contest the citation,
proposed penalty and/or abatement period and request a hearing before
the Board. Any public employee or representative aggrieved by a
citation or proposed penalty may within 15 working days request a
hearing before the Board. Employers may also request informal review of
penalties with the Bureau if the employer agrees to abate the cited
hazard. The Board's decision is subject to appeal to the courts.
The State currently has a staff of two safety compliance officers
and zero health compliance officers. The Bureau delivers OSHA's On-Site
Consultation program to private sector employers throughout the State.
Maine currently has a staff of three safety and two health consultants,
who perform duties equivalent to OSHA's On-Site Consultation program,
for state and local government employers. Currently, for these
employers, if the state receives a health complaint, a consultant will
accompany and assist the enforcement officer. The Plan provides
assurances that within six months no staff will have dual roles, and
the State will have a fully trained, adequate staff of two safety
compliance officers and one health compliance officer for enforcement
inspections, and three safety consultants and one health consultant to
perform consultation services in the public sector. As new staff
members are hired they will perform either enforcement or consultation
functions. 29 CFR 1956.10(g) requires that State Plans for public
employers provide a sufficient number of adequately trained and
qualified personnel necessary for the enforcement of standards. The
compliance staffing requirements (or benchmarks) for State Plans
covering both the private and public sectors are established based on
the ``fully effective'' test established in AFL-CIO v. Marshall, 570
F.2d 1030 (D.C. Cir. 1978). This staffing test, and the complicated
formula used to derive benchmarks for complete private/public sector
Plans, is not intended, nor is it appropriate, for application to the
staffing needs of public employer only Plans. However, the State has
given satisfactory assurance in its Plan that it will meet the staffing
requirements of 29 CFR 1956.10. The State has also given satisfactory
assurances of adequate State matching funds (50%) to support the Plan
and is requesting initial Federal funding of $400,000 for a total
initial program effort of $800,000. Although the State statute sets
forth the general authority and scope for implementing the Maine State
and Local Government Only State Plan, the Plan is developmental under
the terms of 29 CFR 1956.2(b), in that specific rules, regulations, and
implementing procedures must still be adopted or revised to carry out
the Plan and make it structurally ``at least as effective'' as Federal
OSHA and fully operational. The Plan sets forth a timetable for the
accomplishment of these and other developmental goals within three
years of Plan approval. This timetable addresses such general areas as
the minor revision of existing legislation and development of
procedures for the on-site public sector consultation program. Other
developmental aspects include hiring and training of staff,
participation in OSHA's Information System (OIS), development of a
Field Operations Manual, development of an Annual Performance Plan and
a Five-Year Strategic Plan and all other implementing policies,
procedures, regulations and instruction necessary for the operation of
an effective program.
D. Request for Public Comment and Opportunity To Request Hearing
Public comment on the Maine State and Local Government Only State
Plan is hereby requested. Interested persons are invited to submit
written data, views, and comments with respect to this proposed initial
State Plan approval. These comments must be received on or before June
19, 2015. Written submissions must clearly identify the issues that are
addressed and the positions taken with respect to each issue. The State
of Maine will be afforded the opportunity to respond to each
submission. The Maine Department of Labor must also publish appropriate
notice within the State of Maine within five days of publication of
this notice, announcing OSHA's proposal to approve a Maine State and
Local Government Only State Plan, contingent on the availability of
appropriated funds, and giving notice of the opportunity for public
comment. Pursuant to 29 CFR 1902.13(f), interested persons may request
an informal hearing concerning the proposed initial State Plan
approval. Such requests also must be received on or before June 19,
2015 and may be submitted electronically, by facsimile, or by regular
mail, hand delivery, express mail, messenger or courier service, as
indicated under ADDRESSES above. Such requests must present
particularized written objections to the proposed initial State Plan
approval. Within 30 days of the close of the comment period, the
Assistant Secretary will review all comments submitted; will review all
hearing requests; and will schedule an informal hearing if a hearing is
required to resolve substantial issues. The Assistant Secretary will,
within a reasonable time after the close of the comment period or after
the certification of the record if a hearing is held, publish a
decision in the Federal Register. All written and oral submissions, as
well as other information gathered by OSHA, will be considered in any
action taken. The record of this proceeding, including written comments
and requests for hearing, and all materials submitted in response to
this notice and at any subsequent hearing, will be available at https://www.regulations.gov or the OSHA Docket Office at the address above.
E. Regulatory Flexibility Act
OSHA certifies pursuant to the Regulatory Flexibility Act of 1980
(5 U.S.C. 601 et seq.) that the proposed initial approval of the Maine
State Plan will not have a significant economic impact on a substantial
number of small entities. By its own terms, the Plan will have no
effect on private sector employment, but is limited to the State and
its political subdivisions. Moreover, Title 26, Labor and Industry, of
the Maine Revised Statutes, was enacted in 1971. This legislation
established the Board, whose purpose is to formulate rules that shall,
at a minimum, conform with federal standards of occupational safety and
health, so the state program could eventually be approved as State and
Local Government Only State Plan. Since 1971 the Maine program for
public employers has been in operation under the Maine Department of
Labor with State funding and all state and local government employers
in the State have been subject to its terms. Compliance with State OSHA
standards is required by State law; Federal approval of a State Plan
imposes regulatory requirements only on the agency responsible for
administering the State Plan. Accordingly, no new obligations would be
placed on public sector employers as a result of Federal approval of
the Plan.
F. Federalism
Executive Order 13132, ``Federalism,'' emphasizes consultation
between Federal agencies and the States and establishes specific review
procedures the Federal government must follow as it carries out
policies which affect state or local governments. OSHA has consulted
extensively with Maine
[[Page 28893]]
throughout the development, submission and consideration of its
proposed State Plan. Although OSHA has determined that the requirements
and consultation procedures provided in Executive Order 13132 are not
applicable to initial approval decisions under the Act, which have no
effect outside the particular State receiving the approval, OSHA has
reviewed the Maine initial approval decision proposed today, and
believes it is consistent with the principles and criteria set forth in
the Executive Order.
Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Ave. NW., Washington, DC, 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), Secretary of Labor's Order No. 1-2012 (77 FR 3912), and 29
CFR parts 1902 and 1956.
Signed in Washington, DC, on May 14, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2015-12154 Filed 5-19-15; 8:45 am]
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