Hawaii State Plan for Occupational Safety and Health; Operational Status Agreement, 45316-45317 [2017-20760]

Download as PDF 45316 Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Notices submissions by uploading document files electronically. If you wish to mail additional materials in reference to an electronic or facsimile submission, you must submit them to the OSHA Docket Office (see the section of this notice titled ADDRESSES). The additional materials must clearly identify your electronic comments by your name, date, and the docket number so the Agency can attach them to your comments. Because of security procedures, the use of regular mail may cause a significant delay in the receipt of comments. For information about security procedures concerning the delivery of materials by hand, express delivery, messenger, or courier service, please contact the OSHA Docket Office at (202) 693–2350, (TTY (877) 889– 5627). Comments and submissions are posted without change at http:// www.regulations.gov. Therefore, OSHA cautions commenters about submitting personal information such as social security numbers and date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted material) is not publicly available to read or download through this Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Information on using the http:// www.regulations.gov Web site to submit comments and access the docket is available at the Web site’s ‘‘User Tips’’ link. Contact the OSHA Docket Office for information about materials not available through the Web site, and for assistance in using the Internet to locate docket submissions. V. Authority and Signature Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice. The authority for this notice is the Paperwork Reduction Act of 1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor’s Order No. 1–2012 (77 FR 3912). Signed at Washington, DC, on September 19, 2017. Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2017–20771 Filed 9–27–17; 8:45 am] BILLING CODE 4510–26–P VerDate Sep<11>2014 18:44 Sep 27, 2017 Jkt 241001 DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket ID OSHA–2012–0029] Hawaii State Plan for Occupational Safety and Health; Operational Status Agreement Occupational Safety and Health Administration, Department of Labor. ACTION: Notice. AGENCY: This document announces a new Operational Status Agreement between the Occupational Safety and Health Administration (OSHA) and the Hawaii State Plan. This agreement specifies the respective areas of federal and state authority, and under which Hawaii will reassume enforcement coverage in the private sector. DATES: Effective September 28, 2017. FOR FURTHER INFORMATION CONTACT: For press inquiries: Francis Meilinger, OSHA Office of Communications; telephone (202) 693–1999; email: meilinger.francis2@dol.gov. For general and technical information: Douglas J. Kalinowski, Director, OSHA Directorate of Cooperative and State Programs; telephone: (202) 693–2200; email: kalinowski.doug@dol.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Background Hawaii administers an OSHAapproved State Plan to develop and enforce occupational safety and health standards for public-sector and privatesector employers, pursuant to the provisions of Section 18 of the Occupational Safety and Health Act (OSH Act), 29 U.S.C. 667. Pursuant to Section 18(e) of the Act, OSHA granted Hawaii ‘‘final approval’’ in 1984 (49 FR 19182, May 4, 1984). A final approval determination results in the relinquishment of federal concurrent enforcement authority in the state with respect to occupational safety and health issues covered by the plan, 29 U.S.C. 667(e). During the period 2009–2012, the Hawaii State Plan faced major budgetary and staffing restraints that significantly affected its program. Therefore, the Hawaii Director of Labor and Industrial Relations requested a temporary modification of the State Plan’s approval status from final approval to initial approval, to permit exercise of supplemental federal enforcement activity and to allow Hawaii sufficient time and assistance to strengthen its State Plan. On September 21, 2012, OSHA published a Final Rule in the PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 Federal Register (77 FR 58488) that modified the Hawaii State Plan’s ‘‘final approval’’ determination under Section 18(e) of the Act, transitioned the Plan to ‘‘initial approval’’ status under Section 18(b) of the Act, and reinstated concurrent federal enforcement authority over occupational safety and health issues in the private sector. That Federal Register notice also provided notice of the Operational Status Agreement (OSA) between OSHA and the Hawaii Occupational Safety and Health Division (HIOSH), which specified the respective areas of federal and state authority. HIOSH and OSHA have since worked together to strengthen the State Plan, and HIOSH has achieved the milestones established to resume practically all private-sector enforcement authority. Notice of New Operational Status Agreement OSHA and HIOSH signed a new OSA on April 13, 2017, which replaced the prior 2012 OSA. Federal OSHA and HIOSH will exercise their respective enforcement authorities according to the terms of the 2017 OSA between OSHA and HIOSH, which specifies the respective areas of federal and state authority. Among other things, Federal OSHA retains coverage over all federal employees, contractors, and subcontractors at Hawaii National Parks and on any other federal establishment where the land is determined to be under exclusive federal jurisdiction; private-sector maritime activities; private-sector employees within the secured borders of all military installations where access is controlled; the U.S. Postal Service, its contract workers, and contractor-operated facilities; and the enforcement of Section 11(c) of the Act, 29 U.S.C. 660(c), the Act’s whistleblower provision. The Hawaii State Plan retains coverage over all state and local government employers and regains coverage over all private-sector employers not covered by federal OSHA, including marine construction not performed on vessels or other floating facilities. For further information please visit http:// www.osha.gov/dcsp/osp/stateprogs/ hawaii.html. Authority and Signature Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, authorized the preparation of this notice. OSHA is issuing this notice under the authority specified by Section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667), E:\FR\FM\28SEN1.SGM 28SEN1 Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Notices Secretary of Labor’s Order No. 1–2012 (76 FR 3912), and 29 CFR part 1902. Signed in Washington, DC, on September 21, 2017. Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2017–20760 Filed 9–27–17; 8:45 am] BILLING CODE 4510–26–P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA–2011–0062] Powered Industrial Trucks Standard; Extension of the Office of Management and Budget’s (OMB) Approval of Information Collection (Paperwork) Requirements Occupational Safety and Health Administration (OSHA), Labor. ACTION: Request for public comments. AGENCY: OSHA solicits public comments concerning its proposal to extend the Office of Management and Budget’s (OMB) approval of the information collection requirements specified in the Powered Industrial Trucks Standard. The information collection requirements address truck design, construction and modification, as well as certification of training and evaluation for truck operators. DATES: Comments must be submitted (postmarked, sent, or received) by November 27, 2017. ADDRESSES: Electronically: You may submit comments and attachments electronically at http:// www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. Facsimile: If your comments, including attachments, are not longer than 10 pages you may fax them to the OSHA Docket Office at (202) 693–1648. Mail, hand delivery, express mail, messenger, or courier service: When using this method, you must submit a copy of your comments and attachments to the OSHA Docket Office, Docket No. OSHA–2011–0062, Occupational Safety and Health Administration, U.S. Department of Labor, Room N–3653, 200 Constitution Avenue NW., Washington, DC 20210. Deliveries (hand, express mail, messenger, and courier service) are accepted during the Docket Office’s normal business hours, 10:00 a.m. to 3:00 p.m., ET. Instructions: All submissions must include the Agency name and the OSHA SUMMARY: VerDate Sep<11>2014 18:44 Sep 27, 2017 Jkt 241001 docket number (OSHA–2011–0062) for the Information Collection Request (ICR). All comments, including any personal information you provide, are placed in the public docket without change, and may be made available online at http://www.regulations.gov. For further information on submitting comments, see the ‘‘Public Participation’’ heading in the section of this notice titled SUPPLEMENTARY INFORMATION. Docket: To read or download comments or other material in the docket, go to http://www.regulations.gov or the OSHA Docket Office at the address above. All documents in the docket (including this Federal Register notice) are listed in the http:// www.regulations.gov index; however, some information (e.g., copyrighted material) is not publicly available to read or download from the Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. You may also contact Theda Kenney at the address below to obtain a copy of the ICR. FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor; telephone (202) 693–2222. SUPPLEMENTARY INFORMATION: I. Background The Department of Labor, as part of its continuing effort to reduce paperwork and respondent (i.e., employer) burden, conducts a preclearance consultation program to provide the public with an opportunity to comment on proposed and continuing information collection requirements in accord with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, reporting burden (time and costs) is minimal, collection instruments are clearly understood, and OSHA’s estimate of the information collection burden is accurate. The Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes information collection by employers as necessary or appropriate for enforcement of the OSH Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain such information with minimum burden upon employers, especially those operating small businesses, and to reduce to the maximum extent feasible PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 45317 unnecessary duplication of efforts in obtaining information (29 U.S.C. 657). Paragraph (a)(4) of the Powered Industrial Trucks Standard requires employers to obtain the manufacturer’s written approval before modifying a truck in a manner that affects its capacity and safe operation; if the manufacturer grants such approval, the employer must revise capacity, operation, and maintenance instruction plates, tags, and decals accordingly. For front-end attachments not installed by the manufacturer, paragraph (a)(5) mandates that employers provide a marker on the trucks that identifies the attachment, as well as the weight of both the truck and the attachment when the attachment is at maximum elevation with a laterally centered load. Paragraph (a)(6) specifies that employers must ensure that the markers required by paragraphs (a)(3) through (a)(5) remain affixed to the trucks and are legible. Paragraphs (1)(4) and (1)(6) of the Standard contain the paperwork requirements necessary to certify the evaluation and training provided to powered industrial truck operators. Accordingly, these paragraphs specify the following requirements for employers. • Paragraph (1)(4)(iii)—Evaluate each operator’s performance at least once every three years. • Paragraph (l)(6)—Certify that each operator meets the training and evaluation requirements specified by paragraph (l). This certification must include the operator’s name, the training date, the evaluation date, and the identity of the individual(s) who performed the training and evaluation. Requiring labels (markings) on modified equipment notifies workers of the conditions under which they can safely operate powered industrial trucks, thereby preventing such hazards as fires and explosions caused by poorly designed electrical systems, rollovers/ tipovers that result from exceeding a truck’s stability characteristics, and falling loads that occur when loads exceed the lifting capacities of attachments. Certification of worker training and evaluation provides a means of informing employers that their workers received the training and demonstrated the performance necessary to operate a truck within its capacity and control limitations. By ensuring that workers operate only trucks that are in proper working order, and do so safely, employers prevent possible severe injury or death of truck operators and other workers who are in the vicinity of the trucks. Finally, these paperwork requirements are the most efficient means for an OSHA E:\FR\FM\28SEN1.SGM 28SEN1

Agencies

[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Notices]
[Pages 45316-45317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20760]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket ID OSHA-2012-0029]


Hawaii State Plan for Occupational Safety and Health; Operational 
Status Agreement

AGENCY: Occupational Safety and Health Administration, Department of 
Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This document announces a new Operational Status Agreement 
between the Occupational Safety and Health Administration (OSHA) and 
the Hawaii State Plan. This agreement specifies the respective areas of 
federal and state authority, and under which Hawaii will reassume 
enforcement coverage in the private sector.

DATES: Effective September 28, 2017.

FOR FURTHER INFORMATION CONTACT: For press inquiries: Francis 
Meilinger, OSHA Office of Communications; telephone (202) 693-1999; 
email: meilinger.francis2@dol.gov.
    For general and technical information: Douglas J. Kalinowski, 
Director, OSHA Directorate of Cooperative and State Programs; 
telephone: (202) 693-2200; email: kalinowski.doug@dol.gov.

SUPPLEMENTARY INFORMATION:

Background

    Hawaii administers an OSHA-approved State Plan to develop and 
enforce occupational safety and health standards for public-sector and 
private-sector employers, pursuant to the provisions of Section 18 of 
the Occupational Safety and Health Act (OSH Act), 29 U.S.C. 667. 
Pursuant to Section 18(e) of the Act, OSHA granted Hawaii ``final 
approval'' in 1984 (49 FR 19182, May 4, 1984). A final approval 
determination results in the relinquishment of federal concurrent 
enforcement authority in the state with respect to occupational safety 
and health issues covered by the plan, 29 U.S.C. 667(e).
    During the period 2009-2012, the Hawaii State Plan faced major 
budgetary and staffing restraints that significantly affected its 
program. Therefore, the Hawaii Director of Labor and Industrial 
Relations requested a temporary modification of the State Plan's 
approval status from final approval to initial approval, to permit 
exercise of supplemental federal enforcement activity and to allow 
Hawaii sufficient time and assistance to strengthen its State Plan. On 
September 21, 2012, OSHA published a Final Rule in the Federal Register 
(77 FR 58488) that modified the Hawaii State Plan's ``final approval'' 
determination under Section 18(e) of the Act, transitioned the Plan to 
``initial approval'' status under Section 18(b) of the Act, and 
reinstated concurrent federal enforcement authority over occupational 
safety and health issues in the private sector. That Federal Register 
notice also provided notice of the Operational Status Agreement (OSA) 
between OSHA and the Hawaii Occupational Safety and Health Division 
(HIOSH), which specified the respective areas of federal and state 
authority.
    HIOSH and OSHA have since worked together to strengthen the State 
Plan, and HIOSH has achieved the milestones established to resume 
practically all private-sector enforcement authority.

Notice of New Operational Status Agreement

    OSHA and HIOSH signed a new OSA on April 13, 2017, which replaced 
the prior 2012 OSA. Federal OSHA and HIOSH will exercise their 
respective enforcement authorities according to the terms of the 2017 
OSA between OSHA and HIOSH, which specifies the respective areas of 
federal and state authority. Among other things, Federal OSHA retains 
coverage over all federal employees, contractors, and subcontractors at 
Hawaii National Parks and on any other federal establishment where the 
land is determined to be under exclusive federal jurisdiction; private-
sector maritime activities; private-sector employees within the secured 
borders of all military installations where access is controlled; the 
U.S. Postal Service, its contract workers, and contractor-operated 
facilities; and the enforcement of Section 11(c) of the Act, 29 U.S.C. 
660(c), the Act's whistleblower provision. The Hawaii State Plan 
retains coverage over all state and local government employers and 
regains coverage over all private-sector employers not covered by 
federal OSHA, including marine construction not performed on vessels or 
other floating facilities. For further information please visit http://www.osha.gov/dcsp/osp/stateprogs/hawaii.html.

Authority and Signature

    Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational 
Safety and Health, U.S. Department of Labor, authorized the preparation 
of this notice. OSHA is issuing this notice under the authority 
specified by Section 18 of the Occupational Safety and Health Act of 
1970 (29 U.S.C. 667),

[[Page 45317]]

Secretary of Labor's Order No. 1-2012 (76 FR 3912), and 29 CFR part 
1902.

    Signed in Washington, DC, on September 21, 2017.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-20760 Filed 9-27-17; 8:45 am]
 BILLING CODE 4510-26-P