Oregon State Plan for Occupational Safety and Health; Proposed Final Approval, Request for Public Comment, and Notice of Opportunity To Request Informal Public Hearing, 15458-15462 [2023-05075]
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Federal Register / Vol. 88, No. 48 / Monday, March 13, 2023 / Notices
approves it and displays a currently
valid OMB Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this
information collection for three (3)
years. OMB authorization for an ICR
cannot be for more than three (3) years
without renewal. The DOL notes that
information collection requirements
submitted to the OMB for existing ICRs
receive a month-to-month extension
while they undergo review.
Agency: DOL–ETA.
Title of Collection: Work Opportunity
Tax Credit.
OMB Control Number: 1205–0371.
Affected Public: Individuals or
households; State, local, and Tribal
governments; private sector—
businesses or other for-profits, not-forprofit institutions, and farms.
Total Estimated Number of
Respondents: 9,418,828.
Total Estimated Number of
Responses: 18,604,708.
Total Estimated Annual Time Burden:
10,205,416 hours.
Total Estimated Annual Other Costs
Burden: $0.
(Authority: 44 U.S.C. 3507(a)(1)(D).)
Dated: March 7, 2023.
Mara Blumenthal,
Senior PRA Analyst.
[FR Doc. 2023–05029 Filed 3–10–23; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Eligibility
Data Form (VETS–1010)
Notice of availability; request
for comments.
ACTION:
The Department of Labor
(DOL) is submitting this Veterans’
Employment and Training Service
(VETS)-sponsored information
collection request (ICR) to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995
(PRA). Public comments on the ICR are
invited.
DATES: The OMB will consider all
written comments that the agency
receives on or before April 12, 2023.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
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SUMMARY:
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within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
Comments are invited on: (1) whether
the collection of information is
necessary for the proper performance of
the functions of the Department,
including whether the information will
have practical utility; (2) if the
information will be processed and used
in a timely manner; (3) the accuracy of
the agency’s estimates of the burden and
cost of the collection of information,
including the validity of the
methodology and assumptions used; (4)
ways to enhance the quality, utility and
clarity of the information collection; and
(5) ways to minimize the burden of the
collection of information on those who
are to respond, including the use of
automated collection techniques or
other forms of information technology.
FOR FURTHER INFORMATION CONTACT:
Mara Blumenthal by telephone at 202–
693–8538, or by email at DOL_PRA_
PUBLIC@dol.gov.
SUPPLEMENTARY INFORMATION: Section
4322 of USERRA requires the Secretary
of Labor to investigate claims by
individuals who believe their USERRA
rights have been violated. Section 3 of
the VEOA similarly requires the
Secretary of Labor to investigate
complaints brought by veterans’
preference (VP) eligibles. The
instrument contained in this ICR is used
by eligible veterans and servicemembers to file claims under USERRA
and VP. The information requested on
the form allows the Department to
determine initial eligibility of the
claimant to seek redress under USERRA
or the VP laws. For additional
substantive information about this ICR,
see the related notice published in the
Federal Register on December 1, 2022
(87 FR 73795).
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless the OMB
approves it and displays a currently
valid OMB Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this
information collection for three (3)
years. OMB authorization for an ICR
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cannot be for more than three (3) years
without renewal. The DOL notes that
information collection requirements
submitted to the OMB for existing ICRs
receive a month-to-month extension
while they undergo review.
Agency: DOL–VETS.
Title of Collection: Eligibility Data
Form (VETS–1010).
OMB Control Number: 1293–0002.
Affected Public: Individuals or
households.
Total Estimated Number of
Respondents: 2,250.
Total Estimated Number of
Responses: 2,250.
Total Estimated Annual Time Burden:
1,688 hours.
Total Estimated Annual Other Costs
Burden: $0.
(Authority: 44 U.S.C. 3507(a)(1)(D).)
Dated: March 7, 2023.
Mara Blumenthal,
Senior PRA Analyst.
[FR Doc. 2023–05030 Filed 3–10–23; 8:45 am]
BILLING CODE 4510–79–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2023–005]
Oregon State Plan for Occupational
Safety and Health; Proposed Final
Approval, Request for Public
Comment, and Notice of Opportunity
To Request Informal Public Hearing
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Proposed final approval for
separable portion of State Plan; request
for written comments; notice of
opportunity to request informal public
hearing.
AGENCY:
This document gives notice of
the eligibility of the Oregon State
occupational safety and health plan
(State Plan) for determination under
Section 18(e) of the Occupational Safety
and Health Act of 1970 as to whether
final approval of the State Plan over
temporary labor camps should be
granted. This notice of eligibility for an
18(e) determination applies only to
coverage of temporary labor camps and
does not affect or disturb the previous
grant of final approval in 2005 as to all
other issues covered by the Oregon State
Plan. If an affirmative determination
under section 18(e) is made, the Federal
standard and enforcement authority will
no longer apply to temporary labor
camps.
SUMMARY:
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DATES:
Written comments: Comments and
requests for an informal hearing must be
received by April 17, 2023.
Informal public hearing: Any
interested person may request an
informal hearing concerning the final
approval of the State Plan over
temporary labor camps. OSHA will hold
such a hearing if the Assistant Secretary
of Labor for Occupational Safety and
Health (Assistant Secretary) finds that
substantial objections have been filed.
After 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.
Publication in Oregon: No later than
10 days following the date of
publication of this notice in the Federal
Register, Oregon shall publish, or cause
to be published, reasonable notice
within the State containing the same
information contained herein.
ADDRESSES:
Written comments: You may submit
written comments or requests for an
informal hearing, identified by Docket
No. OSHA–2023–005,1 electronically at
www.regulations.gov, which is the
Federal e-Rulemaking Portal. Follow the
online instructions for making
electronic submissions.
Instructions: All submissions must
include the agency’s name and the
docket number for this rulemaking
(Docket No. OSHA 2023–005). All
comments, including any personal
information you provide, are placed in
the public docket without change and
may be made available online at
www.regulations.gov. Therefore, OSHA
cautions commenters about submitting
information they do not want made
available to the public or submitting
materials that contain personal
information (either about themselves or
others), such as Social Security
Numbers and birthdates. Submissions
must clearly identify the issues
addressed and the positions taken.
Docket: To read or download
comments or other material in the
docket, go to Docket No. OSHA–2023–
005 at www.regulations.gov. All
comments and submissions are listed in
the www.regulations.gov index;
however, some information (e.g.,
copyrighted material) is not publicly
available to read or download through
that website. All comments and
submissions are available for inspection
1 Documents submitted to the docket by OSHA or
stakeholders are assigned document identification
numbers (Document ID) for easy identification and
retrieval. The full Document ID is the docket
number plus a unique four-digit code.
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and, where permissible, copying, by
appointment, at the OSHA Docket
Office. Contact the OSHA Docket Office,
U.S. Department of Labor; telephone:
(202) 693–2350 (TTY number: (877)
889–5627).
Electronic copies of this Federal
Register document are available at
www.regulations.gov. Other information
about the Oregon State Plan is posted on
the State’s website at https://
osha.oregon.gov.
FOR FURTHER INFORMATION CONTACT:
For press inquiries: Contact Frank
Meilinger, Director, Office of
Communications, U.S. Department of
Labor; 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, U.S.
Department of Labor; telephone (202)
693–2200; email: Kalinowski.Doug@
dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 18 of the Occupational Safety
and Health Act of 1970, 29 U.S.C. 651
et seq. (‘‘OSH Act’’ or ‘‘Act’’), provides
that states which desire to assume
responsibility for the development and
enforcement of occupational safety and
health standards may do so by
submitting, and obtaining Federal
approval of, a state plan (‘‘State Plan’’ or
‘‘Plan’’). Procedures for State Plan
submission and approval are set forth in
regulations at 29 CFR part 1902. If the
Assistant Secretary of Labor for
Occupational Safety and Health
(‘‘Assistant Secretary’’) finds that the
State Plan satisfies, or will satisfy, the
criteria set forth in Section 18(e) of the
Act and 29 CFR 1902.3 and 1902.4,
‘‘initial approval’’ is granted.2
2 Section 18(c) provides: The Secretary shall
approve the plan submitted by a State under
subsection (b), or any modification thereof, if such
plan in his judgement—(1) designates a State
agency or agencies as the agency or agencies
responsible for administering the plan throughout
the State, (2) provides for the development and
enforcement of safety and health standards relating
to one or more safety or health issues, which
standards (and the enforcement of which standards)
are or will be at least as effective in providing safe
and healthful employment and places of
employment as the standards promulgated under
section 6 which relate to the same issues, and
which standards, when applicable to products
which are distributed or used in interstate
commerce, are required by compelling local
conditions and do not unduly burden interstate
commerce, (3) provides for a right of entry and
inspection of all workplaces subject to the Act
which is at least as effective as that provided in
section 8, and includes a prohibition on advance
notice of inspections, (4) contains satisfactory
assurances that such agency or agencies have or
will have the legal authority and qualified
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A state may commence operations
under its Plan after the initial approval
determination is made, but the Assistant
Secretary retains discretionary
concurrent Federal authority over
occupational safety and health issues
covered by the Plan during the initial
approval period as provided by Section
18(e) of the Act. OSHA regulations
provide that in states with initiallyapproved Plans, OSHA and the state
enter into an operational status
agreement describing the division of
responsibilities between them and
suspending concurrent Federal
authority, as deemed appropriate (29
CFR 1954.3).
If, after a period of no less than three
years, the Assistant Secretary
determines that the State Plan has
satisfied and continues to meet all
criteria in Section 18(e) of the OSH Act,
the Assistant Secretary may make an
affirmative determination under Section
18(e) of the Act (referred to as ‘‘final
approval’’ of the State Plan), which
results in the relinquishment of
concurrent Federal authority in the state
with respect to occupational safety and
health issues covered by the Plan (29
U.S.C. 667(e)). Procedures for Section
18(e) determinations are found in 29
CFR part 1902, subpart D. In general, to
be granted final approval, actual
operation of the occupational safety and
health Plan by the state must be at least
as effective as the Federal OSHA
program in all areas covered under the
State Plan.
II. History of the Present Proceedings
A. Final Approval of the Oregon State
Plan Except as to Temporary Labor
Camps
The Oregon State Plan, administered
by the Oregon Department of Consumer
and Business Services, received initial
approval on December 28, 1972 (37 FR
28628). On January 23, 1975, OSHA and
the State of Oregon entered into an
Operational Status Agreement (OSA),
which suspended the exercise of
concurrent Federal authority in Oregon
personnel necessary for the enforcement of such
standards, (5) gives satisfactory assurances that
such State will devote adequate funds to the
administration and enforcement of such standards,
(6) contains satisfactory assurances that such State
will, to the extent permitted by its law, establish
and maintain an effective and comprehensive
occupational safety and health program applicable
to all employees of public agencies of the State and
its political subdivisions, which program is as
effective as the standards contained in an approved
plan, (7) requires employers in the State to make
reports to the Secretary in the same manner and to
the same extent as if the plan were not in effect,
and (8) provides that the State agency will make
such reports to the Secretary in such form and
containing such information, as the Secretary shall
from time to time require (29 U.S.C. 667(c)).
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in all except specifically identified areas
(40 FR 18427). On December 16, 2004,
OSHA published notice (69 FR 75436)
that the Oregon State Plan was eligible
for a determination as to whether final
approval of the Plan should be granted
under Section 18(e) of the Act for all
issues covered by the Plan, with the
exception of temporary labor camps in
agriculture, general industry,
construction, and logging. The notice
stated that the issue of temporary labor
camps was being excluded from final
approval at that time pending resolution
of OSHA’s concerns regarding the
effectiveness of Oregon’s temporary
labor camps standards.
After allowing a period for comment,
the Assistant Secretary subsequently
granted the Oregon State Plan final
approval on May 12, 2005, with respect
to all issues covered by the Plan except
temporary labor camps (70 FR 24947).
In granting final approval, the Assistant
Secretary made an affirmative
determination that the Oregon State
Plan had applied and implemented, in
actual operations, each of the criteria set
forth in Section 18(e) of the Act and 29
CFR 1902.37 as to all portions of the
State Plan except temporary labor
camps. The Assistant Secretary’s
findings discussed, among other things,
standards, variances, enforcement, the
public employee program, staffing and
resources, records and reports,
voluntary compliance, and injury/
illness rates. The Assistant Secretary
determined that as to each matter, the
State Plan was at least as effective as the
Federal program and met the statutory
and regulatory requirements for final
approval.
As a result of this affirmative
determination under Section 18(e) of the
Act, OSHA’s standards and enforcement
authority over all worksites covered by
the Oregon State Plan (except temporary
labor camps) was relinquished. The
OSA, effective January 23, 1975, and as
amended, effective December 12, 1983
and November 27, 1991, was
superseded by the grant of final
approval, except that it continued to
apply to temporary labor camps in
agriculture, general industry,
construction, and logging.
B. Oregon’s Temporary Labor Camps
Standards
OSHA had originally approved the
Oregon State Plan’s Temporary Labor
Camps standard on October 1, 1976 (41
FR 43485), concluding that the standard
was at least as effective as the
comparable Federal standard. The
standard remained substantively
unchanged until 2000, when the Oregon
State Plan, on its own initiative through
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Administrative Order 5–2000, adopted
revisions to the State’s Agricultural
Labor Housing (ALH) and Related
Facilities standard (Division 4/J, OAR
437–004–1120) and the Labor Camps
standard (Division 2/J, OAR 437–002–
0142). Some of the updates to the rules
included regrouping subjects into more
logical categories, synchronizing with
the Oregon Building Codes Division,
and changing requirements for garbage
and refuse, emergency exits, bedding,
and ratios of toilet, handwashing, and
bathing facilities.
OSHA responded to the Oregon State
Plan on February 28, 2001, identifying
instances in which OSHA had concerns
that the State’s standards were less
effective than the comparable Federal
rules. Over the next several years,
OSHA, the Wage and Hour Division
(WHD),3 and the Oregon State Plan
continued to engage on this matter in
order to resolve the identified concerns.
While those conversations were
ongoing, OSHA and the Oregon State
Plan began the separate process of
Section 18(e) final approval with the
issuance of a Federal Register notice on
December 16, 2004 (69 FR 75436).
However, as noted above, the proposed
grant of final approval excluded
temporary labor camps due to OSHA’s
then-unresolved concerns regarding the
effectiveness of Oregon’s temporary
labor camps standards. The 2004 notice
of eligibility for final approval provided
that OSHA intended to work with
Oregon to resolve all effectiveness
issues with regard to its two temporary
labor camps standards so that final
approval could be extended to all
covered issues (69 FR 75438).
After further informal discussions
with OSHA and WHD, along with
feedback from its stakeholders, the
Oregon State Plan subsequently filed
changes to its ALH and Related
Facilities and Temporary Labor Camps
standards on March 24, 2008
(Administrative Order 4–2008), to make
the rules as effective as Federal OSHA’s.
Some of the major changes to the ALH
and Related Facilities rule (OAR 437–
004–1120) included updated
requirements for: space and ceiling
heights (with effective dates of 2018 in
some cases); screens; minimum window
area; shower and sink ratios; nearby
3 In
January 1997, the Secretary of the Department
of Labor issued Secretary’s Orders 5–96 (62 FR 107)
and 6–96 (62 FR 111), transferring some of OSHA’s
authority to enforce the Federal Field Sanitation
standard (29 CFR 1928.110) and Temporary Labor
Camps standard (29 CFR 1910.142) to what would
later become WHD (see 74 FR 58836). Accordingly,
WHD had an interest in the Oregon State Plan’s
temporary labor camps enforcement activity and
OSHA consequently sought WHD’s input in
evaluating the standards.
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livestock operations; ground clearance;
heating equipment; water pressure;
laundry facilities; garbage pickup; and
privy distance from housing. References
to tents were also removed. For the
Temporary Labor Camps rule (OAR
437–002–0142), Oregon removed the
entire text of the rule and added new
language stating that the ALH and
Related Facilities rule at OAR 437–004–
1120 applies to general industry,
construction, and forest activities as
well as agriculture, except for a few
limited paragraphs that address certain
camp registration and closure
requirements. Following further
communication with OSHA, Oregon
subsequently made additional changes
to the ALH and Related Facilities rule
on January 26, 2009 (Administrative
Order 1–2009), to reflect changes in
heater technology, clarify effective
dates, and to require enclosed, screened
shelters for cooking and eating facilities.
All changes promulgated by Oregon
Administrative Orders 4–2008 and 1–
2009 were effective as of January 1,
2018. On August 21, 2018, at the
quarterly monitoring meeting, the
Oregon State Plan Administrator
requested that OSHA review and
consider removal of the temporary labor
camps exception to the State Plan’s
18(e) final approval status. WHD
approved the changes on December 3,
2020, and the OSHA X regional office
approved the rule and recommended
removal of the temporary labor camps
exception to Oregon’s 18(e) final
approval status on December 18, 2020.4
Subsequently, on May 9, 2022, in
response to a March 10, 2020 Executive
Order issued by Oregon Governor Kate
Brown, the Oregon State Plan adopted
new ‘‘Rules to Address Employee and
Labor Housing Occupant Exposure to
High Ambient Temperatures’’ (pursuant
to Administrative Order 3–2022), to take
effect on June 15, 2022. Specifically,
Administrative Order 3–2022
established a new Heat Illness
Prevention standard applicable to
general industry workers (OAR 437–
002–0156), established a new Heat
Illness Prevention standard applicable
to agricultural workers (OAR 437–004–
1131), and amended Oregon’s ALH and
Related Facilities standard (OAR 437–
4 OSHA’s December 18, 2020 approval letter
referenced only Oregon’s ALH and Related
Facilities standard, OAR 437–004–1120. However,
OSHA intended to also approve the separate
Temporary Labor Camps standard, OAR 437–002–
0142, which is identical to the ALH and Related
Facilities standard except as to certain limited
provisions. Accordingly, the OSHA X regional
office sent a subsequent approval letter on May 5,
2022, to clarify that the general industry provisions
for temporary labor camps addressed by
Administrative Order 4–2008 were also approved.
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004–1120) to add new provisions on
heat illness prevention in labor housing.
OSHA approved this state-initiated
change on June 3, 2022, finding the
rules to be at least as effective as and
more stringent than Federal
requirements.
III. Determination of Eligibility
This Federal Register document
announces the eligibility of the Oregon
State Plan for a final approval
determination under Section 18(e) as to
temporary labor camps in agriculture,
general industry, construction, and
logging. 29 CFR 1902.39(c) requires that
notice of this determination of eligibility
be published in order to seek public
input prior to the Assistant Secretary’s
decision.
Pursuant to 29 CFR 1902.37(a), the
Assistant Secretary, as part of the final
approval process, must determine if the
State has applied and implemented all
the specific criteria and indices of
effectiveness of §§ 1902.3 and 1902.4.
The Assistant Secretary must make this
determination by considering the factors
set forth in § 1902.37(b). As documented
in the 2004 notice of eligibility for final
approval (69 FR at 75438) and the 2005
notice of final approval (70 FR 24947),
the Assistant Secretary has already
published findings and conclusions as
to the vast majority of the specific
criteria identified in §§ 1902.3, 1902.4,
and 1902.37(b), none of which are
presently at issue. Accordingly, the only
determination at issue now is whether
the Oregon State Plan’s temporary labor
camps standards are at least as effective
as the Federal standards, such that final
approval should be extended to that
coverage area (see generally
§§ 1902.3(c)(1), 1902.4(b), and
1902.37(b)(3) and (b)(4)).
OSHA is satisfied that the Oregon
State Plan’s amended temporary labor
camps standards, as summarized above,
indicate that the applicable regulatory
indices and criteria are being met. The
Assistant Secretary accordingly has
made an initial determination that the
Oregon State Plan is eligible for an
affirmative Section 18(e) determination
as to temporary labor camps. The
determination of eligibility is based
upon OSHA’s findings that the criteria
of Section 18(c) of the Act are being
applied in actual operation in a manner
at least as effective as the Federal
program.
OSHA’s regulations provide that after
making an initial determination of
eligibility for final approval, a notice
must be published in the Federal
Register and interested parties must be
provided an opportunity to submit in
writing, data, views, and arguments on
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the proposed 18(e) determination within
35 days after publication (29 CFR
1902.39(e)). Further, the regulations
provide that any interested person or
the affected State may request an
informal hearing on the proposed
affirmative 18(e) determination
whenever particularized written
objections thereto are filed, and that
OSHA must afford an opportunity for an
informal hearing if the Assistant
Secretary finds that substantial
objections have been filed (29 CFR
1902.39(f)–(g)). In order to encourage
the submission of informed and specific
public comment, OSHA encourages
commenters to review the documents
contained in Docket No. OSHA–2023–
005, which can be accessed
electronically at www.regulations.gov,
and to review Oregon’s amended ALH
and Related Facilities standard
(Division 4/J, OAR 437–004–1120) and
Labor Camps standard (Division 2/J,
OAR 437–002–0142), available to the
public on the State’s website at https://
osha.oregon.gov.
IV. Effect of Section 18(e)
Determination
If the Assistant Secretary, after review
of any written comments received and
the results of any informal hearing if
requested and held, determines that the
statutory and regulatory criteria
applicable to the Oregon State Plan’s
temporary labor camps standards are
being applied in actual operations, final
approval will be granted and Federal
standards and enforcement authority
will cease to be in effect with respect to
temporary labor camps, as provided by
Section 18(e) of the Act and 29 CFR
1902.42(c). In the event an affirmative
Section 18(e) determination is made by
the Assistant Secretary following the
proceedings described in the present
notice, a notice will be published in the
Federal Register in accordance with 29
CFR 1902.43. The notice will specify the
issues as to which Federal standards
and enforcement authority are
withdrawn. The notice will also state
that if continuing evaluations show that
the State has failed to maintain a
program which is at least as effective as
the Federal program, or that the State
has failed to submit program change
supplements as required by 29 CFR part
1953, the Assistant Secretary may
revoke or suspend final approval and
reinstate Federal enforcement authority
or, if the circumstances warrant, initiate
action to withdraw approval of the State
Plan.
V. Documents of Record
All information and data presently
available to OSHA relating to this
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15461
Section 18(e) proceeding have been
made a part of the record in this
proceeding and placed in the OSHA
Docket Office. These documents have
also been posted electronically at
www.regulations.gov, which is the
Federal e-Rulemaking portal. The
contents of the record and all comments
and submissions are available for
inspection and, where permissible,
copying, by appointment, at the OSHA
Docket Office; telephone: (202) 693–
2350 (TTY number: (877) 889–5627).
The contents of the record are also
available for in-person inspection by
contacting: Office of the Regional
Administrator, U.S. Department of
Labor—OSHA: telephone: (206) 757–
6700, fax: (206) 757- 6705; and
Department of Consumer and Business
Services, Oregon Occupational Safety
and Health Division: telephone: (503)
378–3272, fax: (503) 947–7461.
To date, the record on this final
approval determination includes:
Oregon Administrative Order 5–2000;
OSHA’s letter to Oregon OSHA dated
February 28, 2001; Oregon
Administrative Order 4–2008 and
related documentation; OSHA’s letter to
Oregon OSHA dated October 3, 2008;
Oregon Administrative Order 1–2009
and related documentation; OSHA’s
memo to Wage and Hour Division
recommending approval dated
November 26, 2019; Wage and Hour
Division’s memo to OSHA concurring
with approval dated December 3, 2020;
OSHA’s letter to Oregon OSHA
approving AO 4–2008 and AO 1–2009
in agriculture dated December 18, 2020;
OSHA’s letter to Oregon OSHA
clarifying approval of AO 4–2008 in
general industry, dated May 5, 2022;
Oregon Administrative Order 3–2022
and related documentation; and OSHA’s
letter to Oregon OSHA approving
Administrative Order 3–2022, dated
June 3, 2022.
VI. Public Participation
The Assistant Secretary’s decision
whether to grant an affirmative 18(e)
determination to the Oregon State Plan
for labor camps coverage will be made
after careful consideration of all relevant
information presented in the
rulemaking. To aid the Assistant
Secretary in making this decision,
OSHA is soliciting public participation
in this process. Interested parties are
encouraged to submit all relevant
information, views, data, and arguments
related to the indices, criteria, and
factors presented in 29 U.S.C. 667(c)
and 29 CFR part 1902, as they apply to
the Oregon State Plan’s temporary labor
camps coverage.
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15462
Federal Register / Vol. 88, No. 48 / Monday, March 13, 2023 / Notices
Notice in the State of Oregon: Oregon
is required to publish reasonable notice
of the contents of this Federal Register
notice within the State no later than 10
days following the date of publication of
this notice (29 CFR 1902.39(c)).
Written comments: OSHA invites
interested persons to submit written
data, views, and comments with respect
to this proposal to grant an affirmative
Section 18(e) determination of the
Oregon State Plan’s temporary labor
camps coverage. When submitting
comments, persons must follow the
procedures specified above in the
sections titled DATES and ADDRESSES.
Submissions must clearly identify the
issues addressed and the positions
taken. Comments received by the end of
the specified comment period will
become part of the record and will be
available for public inspection and
copying at the OSHA Docket Office, as
well as online at www.regulations.gov
(Docket Number OSHA–2023–005). As
required by OSHA’s regulations, the
State of Oregon will be afforded the
opportunity to respond to each
submission before the Assistant
Secretary makes a final decision (29
CFR 1902.39(e)).
Informal public hearing: Pursuant to
29 CFR 1902.39(f), interested persons
may request an informal hearing
concerning the proposed Section 18(e)
determination. Such requests also must
be received on or before April 17, 2023.
Such requests must present
particularized written objections to the
proposed Section 18(e) determination.
OSHA will hold the informal hearing if
the Assistant Secretary finds that
substantial objections have been filed
(29 CFR 1902.39(g)). As required by
regulation, the Assistant Secretary will
decide whether an informal hearing is
warranted within 30 days of the last day
for filing written views or comments
and, if so, will publish notice of the
time and place of the scheduled hearing
at that time. Commenters should note
that a request for an informal hearing
and a particularized written objection to
the proposal is not the same as a
substantial objection and OSHA will
only hold a hearing if the Assistant
Secretary finds that substantial
objections have been filed. The
Assistant Secretary will consider all
written comments submitted when
determining whether a substantial
objection has been filed.
Certification of the hearing record and
Assistant Secretary final decision:
Within a reasonable time after the close
of the comment period (if no hearing is
held) or after the certification of the
record (if a hearing is held), after
consideration of all relevant information
VerDate Sep<11>2014
19:32 Mar 10, 2023
Jkt 259001
which has been presented, the Assistant
Secretary will publish a decision on the
proposed affirmative 18(e)
determination over temporary labor
camps in the Federal Register (29 CFR
1902.41(a)).
VII. Federalism
VIII. Regulatory Flexibility Act
OSHA certifies pursuant to the
Regulatory Flexibility Act of 1980 (5
U.S.C. 601 et seq.) that this proposed
final approval determination, if
finalized, will not have a significant
economic impact on a substantial
number of small entities. Final approval
of Oregon’s temporary labor camps
coverage would not place small
employers in Oregon under any new or
different requirements, nor would any
additional burden be placed upon the
State government beyond the
responsibilities already assumed as part
of the approved Plan.
Authority and Signature
Douglas L. Parker, 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. 8–2020
(85 FR 58393 (Sept. 18, 2020)), and 29
CFR parts 1902 and 1956.
Signed in Washington, DC, on February 28,
2023.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2023–05075 Filed 3–10–23; 8:45 am]
BILLING CODE 4510–26–P
Frm 00094
Fmt 4703
[NARA–23–0004; NARA–2023–021]
Records Schedules; Availability and
Request for Comments
National Archives and Records
Administration (NARA).
ACTION: Notice of availability of
proposed records schedules; request for
comments.
AGENCY:
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
included in the Background section of
today’s request for public comments an
explanation of the relationship between
Federal OSHA and the State Plans
under the OSH Act. Although the
specific consultation procedures
provided in section 6 of Executive Order
13132 are not mandatory for final
approval decisions under the OSH Act
because they neither impose a burden
upon the state nor involve preemption
of any state law, OSHA has nonetheless
consulted extensively with Oregon on
the matter of final approval as to
temporary labor camps.
PO 00000
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
Sfmt 4703
The National Archives and
Records Administration (NARA)
publishes notice of certain Federal
agency requests for records disposition
authority (records schedules). We
publish notice in the Federal Register
and on regulations.gov for records
schedules in which agencies propose to
dispose of records they no longer need
to conduct agency business. We invite
public comments on such records
schedules.
DATES: We must receive responses on
the schedules listed in this notice by
April 28, 2023.
ADDRESSES: To view a records schedule
in this notice, or submit a comment on
one, use the following address: https://
www.regulations.gov/docket/NARA-230004/document. This is a direct link to
the schedules posted in the docket for
this notice on regulations.gov. You may
submit comments by the following
method:
• Federal eRulemaking Portal:
https://www.regulations.gov. On the
website, enter either of the numbers
cited at the top of this notice into the
search field. This will bring you to the
docket for this notice, in which we have
posted the records schedules open for
comment. Each schedule has a
‘comment’ button so you can comment
on that specific schedule. For more
information on regulations.gov and on
submitting comments, see their FAQs at
https://www.regulations.gov/faq.
If you are unable to comment via
regulations.gov, you may email us at
request.schedule@nara.gov for
instructions on submitting your
comment. You must cite the control
number of the schedule you wish to
comment on. You can find the control
number for each schedule in
parentheses at the end of each
schedule’s entry in the list at the end of
this notice.
FOR FURTHER INFORMATION CONTACT:
Kimberly Richardson, Strategy and
Performance Division, by email at
regulation_comments@nara.gov or at
301–837–2902. For information about
records schedules, contact Records
Management Operations by email at
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 48 (Monday, March 13, 2023)]
[Notices]
[Pages 15458-15462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05075]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2023-005]
Oregon State Plan for Occupational Safety and Health; Proposed
Final Approval, Request for Public Comment, and Notice of Opportunity
To Request Informal Public Hearing
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Proposed final approval for separable portion of State Plan;
request for written comments; notice of opportunity to request informal
public hearing.
-----------------------------------------------------------------------
SUMMARY: This document gives notice of the eligibility of the Oregon
State occupational safety and health plan (State Plan) for
determination under Section 18(e) of the Occupational Safety and Health
Act of 1970 as to whether final approval of the State Plan over
temporary labor camps should be granted. This notice of eligibility for
an 18(e) determination applies only to coverage of temporary labor
camps and does not affect or disturb the previous grant of final
approval in 2005 as to all other issues covered by the Oregon State
Plan. If an affirmative determination under section 18(e) is made, the
Federal standard and enforcement authority will no longer apply to
temporary labor camps.
[[Page 15459]]
DATES:
Written comments: Comments and requests for an informal hearing
must be received by April 17, 2023.
Informal public hearing: Any interested person may request an
informal hearing concerning the final approval of the State Plan over
temporary labor camps. OSHA will hold such a hearing if the Assistant
Secretary of Labor for Occupational Safety and Health (Assistant
Secretary) finds that substantial objections have been filed. After 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.
Publication in Oregon: No later than 10 days following the date of
publication of this notice in the Federal Register, Oregon shall
publish, or cause to be published, reasonable notice within the State
containing the same information contained herein.
ADDRESSES:
Written comments: You may submit written comments or requests for
an informal hearing, identified by Docket No. OSHA-2023-005,\1\
electronically at www.regulations.gov, which is the Federal e-
Rulemaking Portal. Follow the online instructions for making electronic
submissions.
---------------------------------------------------------------------------
\1\ Documents submitted to the docket by OSHA or stakeholders
are assigned document identification numbers (Document ID) for easy
identification and retrieval. The full Document ID is the docket
number plus a unique four-digit code.
---------------------------------------------------------------------------
Instructions: All submissions must include the agency's name and
the docket number for this rulemaking (Docket No. OSHA 2023-005). All
comments, including any personal information you provide, are placed in
the public docket without change and may be made available online at
www.regulations.gov. Therefore, OSHA cautions commenters about
submitting information they do not want made available to the public or
submitting materials that contain personal information (either about
themselves or others), such as Social Security Numbers and birthdates.
Submissions must clearly identify the issues addressed and the
positions taken.
Docket: To read or download comments or other material in the
docket, go to Docket No. OSHA-2023-005 at www.regulations.gov. All
comments and submissions are listed in the www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through that website. All comments and
submissions are available for inspection and, where permissible,
copying, by appointment, at the OSHA Docket Office. Contact the OSHA
Docket Office, U.S. Department of Labor; telephone: (202) 693-2350 (TTY
number: (877) 889-5627).
Electronic copies of this Federal Register document are available
at www.regulations.gov. Other information about the Oregon State Plan
is posted on the State's website at https://osha.oregon.gov.
FOR FURTHER INFORMATION CONTACT:
For press inquiries: Contact Frank Meilinger, Director, Office of
Communications, U.S. Department of Labor; telephone (202) 693-1999;
email: [email protected].
For general and technical information: Contact Douglas J.
Kalinowski, Director, OSHA Directorate of Cooperative and State
Programs, U.S. Department of Labor; telephone (202) 693-2200; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Section 18 of the Occupational Safety and Health Act of 1970, 29
U.S.C. 651 et seq. (``OSH Act'' or ``Act''), provides that states which
desire to assume responsibility for the development and enforcement of
occupational safety and health standards may do so by submitting, and
obtaining Federal approval of, a state plan (``State Plan'' or
``Plan''). Procedures for State Plan submission and approval are set
forth in regulations at 29 CFR part 1902. If the Assistant Secretary of
Labor for Occupational Safety and Health (``Assistant Secretary'')
finds that the State Plan satisfies, or will satisfy, the criteria set
forth in Section 18(e) of the Act and 29 CFR 1902.3 and 1902.4,
``initial approval'' is granted.\2\
---------------------------------------------------------------------------
\2\ Section 18(c) provides: The Secretary shall approve the plan
submitted by a State under subsection (b), or any modification
thereof, if such plan in his judgement--(1) designates a State
agency or agencies as the agency or agencies responsible for
administering the plan throughout the State, (2) provides for the
development and enforcement of safety and health standards relating
to one or more safety or health issues, which standards (and the
enforcement of which standards) are or will be at least as effective
in providing safe and healthful employment and places of employment
as the standards promulgated under section 6 which relate to the
same issues, and which standards, when applicable to products which
are distributed or used in interstate commerce, are required by
compelling local conditions and do not unduly burden interstate
commerce, (3) provides for a right of entry and inspection of all
workplaces subject to the Act which is at least as effective as that
provided in section 8, and includes a prohibition on advance notice
of inspections, (4) contains satisfactory assurances that such
agency or agencies have or will have the legal authority and
qualified personnel necessary for the enforcement of such standards,
(5) gives satisfactory assurances that such State will devote
adequate funds to the administration and enforcement of such
standards, (6) contains satisfactory assurances that such State
will, to the extent permitted by its law, establish and maintain an
effective and comprehensive occupational safety and health program
applicable to all employees of public agencies of the State and its
political subdivisions, which program is as effective as the
standards contained in an approved plan, (7) requires employers in
the State to make reports to the Secretary in the same manner and to
the same extent as if the plan were not in effect, and (8) provides
that the State agency will make such reports to the Secretary in
such form and containing such information, as the Secretary shall
from time to time require (29 U.S.C. 667(c)).
---------------------------------------------------------------------------
A state may commence operations under its Plan after the initial
approval determination is made, but the Assistant Secretary retains
discretionary concurrent Federal authority over occupational safety and
health issues covered by the Plan during the initial approval period as
provided by Section 18(e) of the Act. OSHA regulations provide that in
states with initially-approved Plans, OSHA and the state enter into an
operational status agreement describing the division of
responsibilities between them and suspending concurrent Federal
authority, as deemed appropriate (29 CFR 1954.3).
If, after a period of no less than three years, the Assistant
Secretary determines that the State Plan has satisfied and continues to
meet all criteria in Section 18(e) of the OSH Act, the Assistant
Secretary may make an affirmative determination under Section 18(e) of
the Act (referred to as ``final approval'' of the State Plan), which
results in the relinquishment of concurrent Federal authority in the
state with respect to occupational safety and health issues covered by
the Plan (29 U.S.C. 667(e)). Procedures for Section 18(e)
determinations are found in 29 CFR part 1902, subpart D. In general, to
be granted final approval, actual operation of the occupational safety
and health Plan by the state must be at least as effective as the
Federal OSHA program in all areas covered under the State Plan.
II. History of the Present Proceedings
A. Final Approval of the Oregon State Plan Except as to Temporary Labor
Camps
The Oregon State Plan, administered by the Oregon Department of
Consumer and Business Services, received initial approval on December
28, 1972 (37 FR 28628). On January 23, 1975, OSHA and the State of
Oregon entered into an Operational Status Agreement (OSA), which
suspended the exercise of concurrent Federal authority in Oregon
[[Page 15460]]
in all except specifically identified areas (40 FR 18427). On December
16, 2004, OSHA published notice (69 FR 75436) that the Oregon State
Plan was eligible for a determination as to whether final approval of
the Plan should be granted under Section 18(e) of the Act for all
issues covered by the Plan, with the exception of temporary labor camps
in agriculture, general industry, construction, and logging. The notice
stated that the issue of temporary labor camps was being excluded from
final approval at that time pending resolution of OSHA's concerns
regarding the effectiveness of Oregon's temporary labor camps
standards.
After allowing a period for comment, the Assistant Secretary
subsequently granted the Oregon State Plan final approval on May 12,
2005, with respect to all issues covered by the Plan except temporary
labor camps (70 FR 24947). In granting final approval, the Assistant
Secretary made an affirmative determination that the Oregon State Plan
had applied and implemented, in actual operations, each of the criteria
set forth in Section 18(e) of the Act and 29 CFR 1902.37 as to all
portions of the State Plan except temporary labor camps. The Assistant
Secretary's findings discussed, among other things, standards,
variances, enforcement, the public employee program, staffing and
resources, records and reports, voluntary compliance, and injury/
illness rates. The Assistant Secretary determined that as to each
matter, the State Plan was at least as effective as the Federal program
and met the statutory and regulatory requirements for final approval.
As a result of this affirmative determination under Section 18(e)
of the Act, OSHA's standards and enforcement authority over all
worksites covered by the Oregon State Plan (except temporary labor
camps) was relinquished. The OSA, effective January 23, 1975, and as
amended, effective December 12, 1983 and November 27, 1991, was
superseded by the grant of final approval, except that it continued to
apply to temporary labor camps in agriculture, general industry,
construction, and logging.
B. Oregon's Temporary Labor Camps Standards
OSHA had originally approved the Oregon State Plan's Temporary
Labor Camps standard on October 1, 1976 (41 FR 43485), concluding that
the standard was at least as effective as the comparable Federal
standard. The standard remained substantively unchanged until 2000,
when the Oregon State Plan, on its own initiative through
Administrative Order 5-2000, adopted revisions to the State's
Agricultural Labor Housing (ALH) and Related Facilities standard
(Division 4/J, OAR 437-004-1120) and the Labor Camps standard (Division
2/J, OAR 437-002-0142). Some of the updates to the rules included
regrouping subjects into more logical categories, synchronizing with
the Oregon Building Codes Division, and changing requirements for
garbage and refuse, emergency exits, bedding, and ratios of toilet,
handwashing, and bathing facilities.
OSHA responded to the Oregon State Plan on February 28, 2001,
identifying instances in which OSHA had concerns that the State's
standards were less effective than the comparable Federal rules. Over
the next several years, OSHA, the Wage and Hour Division (WHD),\3\ and
the Oregon State Plan continued to engage on this matter in order to
resolve the identified concerns.
---------------------------------------------------------------------------
\3\ In January 1997, the Secretary of the Department of Labor
issued Secretary's Orders 5-96 (62 FR 107) and 6-96 (62 FR 111),
transferring some of OSHA's authority to enforce the Federal Field
Sanitation standard (29 CFR 1928.110) and Temporary Labor Camps
standard (29 CFR 1910.142) to what would later become WHD (see 74 FR
58836). Accordingly, WHD had an interest in the Oregon State Plan's
temporary labor camps enforcement activity and OSHA consequently
sought WHD's input in evaluating the standards.
---------------------------------------------------------------------------
While those conversations were ongoing, OSHA and the Oregon State
Plan began the separate process of Section 18(e) final approval with
the issuance of a Federal Register notice on December 16, 2004 (69 FR
75436). However, as noted above, the proposed grant of final approval
excluded temporary labor camps due to OSHA's then-unresolved concerns
regarding the effectiveness of Oregon's temporary labor camps
standards. The 2004 notice of eligibility for final approval provided
that OSHA intended to work with Oregon to resolve all effectiveness
issues with regard to its two temporary labor camps standards so that
final approval could be extended to all covered issues (69 FR 75438).
After further informal discussions with OSHA and WHD, along with
feedback from its stakeholders, the Oregon State Plan subsequently
filed changes to its ALH and Related Facilities and Temporary Labor
Camps standards on March 24, 2008 (Administrative Order 4-2008), to
make the rules as effective as Federal OSHA's. Some of the major
changes to the ALH and Related Facilities rule (OAR 437-004-1120)
included updated requirements for: space and ceiling heights (with
effective dates of 2018 in some cases); screens; minimum window area;
shower and sink ratios; nearby livestock operations; ground clearance;
heating equipment; water pressure; laundry facilities; garbage pickup;
and privy distance from housing. References to tents were also removed.
For the Temporary Labor Camps rule (OAR 437-002-0142), Oregon removed
the entire text of the rule and added new language stating that the ALH
and Related Facilities rule at OAR 437-004-1120 applies to general
industry, construction, and forest activities as well as agriculture,
except for a few limited paragraphs that address certain camp
registration and closure requirements. Following further communication
with OSHA, Oregon subsequently made additional changes to the ALH and
Related Facilities rule on January 26, 2009 (Administrative Order 1-
2009), to reflect changes in heater technology, clarify effective
dates, and to require enclosed, screened shelters for cooking and
eating facilities.
All changes promulgated by Oregon Administrative Orders 4-2008 and
1-2009 were effective as of January 1, 2018. On August 21, 2018, at the
quarterly monitoring meeting, the Oregon State Plan Administrator
requested that OSHA review and consider removal of the temporary labor
camps exception to the State Plan's 18(e) final approval status. WHD
approved the changes on December 3, 2020, and the OSHA X regional
office approved the rule and recommended removal of the temporary labor
camps exception to Oregon's 18(e) final approval status on December 18,
2020.\4\
---------------------------------------------------------------------------
\4\ OSHA's December 18, 2020 approval letter referenced only
Oregon's ALH and Related Facilities standard, OAR 437-004-1120.
However, OSHA intended to also approve the separate Temporary Labor
Camps standard, OAR 437-002-0142, which is identical to the ALH and
Related Facilities standard except as to certain limited provisions.
Accordingly, the OSHA X regional office sent a subsequent approval
letter on May 5, 2022, to clarify that the general industry
provisions for temporary labor camps addressed by Administrative
Order 4-2008 were also approved.
---------------------------------------------------------------------------
Subsequently, on May 9, 2022, in response to a March 10, 2020
Executive Order issued by Oregon Governor Kate Brown, the Oregon State
Plan adopted new ``Rules to Address Employee and Labor Housing Occupant
Exposure to High Ambient Temperatures'' (pursuant to Administrative
Order 3-2022), to take effect on June 15, 2022. Specifically,
Administrative Order 3-2022 established a new Heat Illness Prevention
standard applicable to general industry workers (OAR 437-002-0156),
established a new Heat Illness Prevention standard applicable to
agricultural workers (OAR 437-004-1131), and amended Oregon's ALH and
Related Facilities standard (OAR 437-
[[Page 15461]]
004-1120) to add new provisions on heat illness prevention in labor
housing. OSHA approved this state-initiated change on June 3, 2022,
finding the rules to be at least as effective as and more stringent
than Federal requirements.
III. Determination of Eligibility
This Federal Register document announces the eligibility of the
Oregon State Plan for a final approval determination under Section
18(e) as to temporary labor camps in agriculture, general industry,
construction, and logging. 29 CFR 1902.39(c) requires that notice of
this determination of eligibility be published in order to seek public
input prior to the Assistant Secretary's decision.
Pursuant to 29 CFR 1902.37(a), the Assistant Secretary, as part of
the final approval process, must determine if the State has applied and
implemented all the specific criteria and indices of effectiveness of
Sec. Sec. 1902.3 and 1902.4. The Assistant Secretary must make this
determination by considering the factors set forth in Sec. 1902.37(b).
As documented in the 2004 notice of eligibility for final approval (69
FR at 75438) and the 2005 notice of final approval (70 FR 24947), the
Assistant Secretary has already published findings and conclusions as
to the vast majority of the specific criteria identified in Sec. Sec.
1902.3, 1902.4, and 1902.37(b), none of which are presently at issue.
Accordingly, the only determination at issue now is whether the Oregon
State Plan's temporary labor camps standards are at least as effective
as the Federal standards, such that final approval should be extended
to that coverage area (see generally Sec. Sec. 1902.3(c)(1),
1902.4(b), and 1902.37(b)(3) and (b)(4)).
OSHA is satisfied that the Oregon State Plan's amended temporary
labor camps standards, as summarized above, indicate that the
applicable regulatory indices and criteria are being met. The Assistant
Secretary accordingly has made an initial determination that the Oregon
State Plan is eligible for an affirmative Section 18(e) determination
as to temporary labor camps. The determination of eligibility is based
upon OSHA's findings that the criteria of Section 18(c) of the Act are
being applied in actual operation in a manner at least as effective as
the Federal program.
OSHA's regulations provide that after making an initial
determination of eligibility for final approval, a notice must be
published in the Federal Register and interested parties must be
provided an opportunity to submit in writing, data, views, and
arguments on the proposed 18(e) determination within 35 days after
publication (29 CFR 1902.39(e)). Further, the regulations provide that
any interested person or the affected State may request an informal
hearing on the proposed affirmative 18(e) determination whenever
particularized written objections thereto are filed, and that OSHA must
afford an opportunity for an informal hearing if the Assistant
Secretary finds that substantial objections have been filed (29 CFR
1902.39(f)-(g)). In order to encourage the submission of informed and
specific public comment, OSHA encourages commenters to review the
documents contained in Docket No. OSHA-2023-005, which can be accessed
electronically at www.regulations.gov, and to review Oregon's amended
ALH and Related Facilities standard (Division 4/J, OAR 437-004-1120)
and Labor Camps standard (Division 2/J, OAR 437-002-0142), available to
the public on the State's website at https://osha.oregon.gov.
IV. Effect of Section 18(e) Determination
If the Assistant Secretary, after review of any written comments
received and the results of any informal hearing if requested and held,
determines that the statutory and regulatory criteria applicable to the
Oregon State Plan's temporary labor camps standards are being applied
in actual operations, final approval will be granted and Federal
standards and enforcement authority will cease to be in effect with
respect to temporary labor camps, as provided by Section 18(e) of the
Act and 29 CFR 1902.42(c). In the event an affirmative Section 18(e)
determination is made by the Assistant Secretary following the
proceedings described in the present notice, a notice will be published
in the Federal Register in accordance with 29 CFR 1902.43. The notice
will specify the issues as to which Federal standards and enforcement
authority are withdrawn. The notice will also state that if continuing
evaluations show that the State has failed to maintain a program which
is at least as effective as the Federal program, or that the State has
failed to submit program change supplements as required by 29 CFR part
1953, the Assistant Secretary may revoke or suspend final approval and
reinstate Federal enforcement authority or, if the circumstances
warrant, initiate action to withdraw approval of the State Plan.
V. Documents of Record
All information and data presently available to OSHA relating to
this Section 18(e) proceeding have been made a part of the record in
this proceeding and placed in the OSHA Docket Office. These documents
have also been posted electronically at www.regulations.gov, which is
the Federal e-Rulemaking portal. The contents of the record and all
comments and submissions are available for inspection and, where
permissible, copying, by appointment, at the OSHA Docket Office;
telephone: (202) 693-2350 (TTY number: (877) 889-5627).
The contents of the record are also available for in-person
inspection by contacting: Office of the Regional Administrator, U.S.
Department of Labor--OSHA: telephone: (206) 757-6700, fax: (206) 757-
6705; and Department of Consumer and Business Services, Oregon
Occupational Safety and Health Division: telephone: (503) 378-3272,
fax: (503) 947-7461.
To date, the record on this final approval determination includes:
Oregon Administrative Order 5-2000; OSHA's letter to Oregon OSHA dated
February 28, 2001; Oregon Administrative Order 4-2008 and related
documentation; OSHA's letter to Oregon OSHA dated October 3, 2008;
Oregon Administrative Order 1-2009 and related documentation; OSHA's
memo to Wage and Hour Division recommending approval dated November 26,
2019; Wage and Hour Division's memo to OSHA concurring with approval
dated December 3, 2020; OSHA's letter to Oregon OSHA approving AO 4-
2008 and AO 1-2009 in agriculture dated December 18, 2020; OSHA's
letter to Oregon OSHA clarifying approval of AO 4-2008 in general
industry, dated May 5, 2022; Oregon Administrative Order 3-2022 and
related documentation; and OSHA's letter to Oregon OSHA approving
Administrative Order 3-2022, dated June 3, 2022.
VI. Public Participation
The Assistant Secretary's decision whether to grant an affirmative
18(e) determination to the Oregon State Plan for labor camps coverage
will be made after careful consideration of all relevant information
presented in the rulemaking. To aid the Assistant Secretary in making
this decision, OSHA is soliciting public participation in this process.
Interested parties are encouraged to submit all relevant information,
views, data, and arguments related to the indices, criteria, and
factors presented in 29 U.S.C. 667(c) and 29 CFR part 1902, as they
apply to the Oregon State Plan's temporary labor camps coverage.
[[Page 15462]]
Notice in the State of Oregon: Oregon is required to publish
reasonable notice of the contents of this Federal Register notice
within the State no later than 10 days following the date of
publication of this notice (29 CFR 1902.39(c)).
Written comments: OSHA invites interested persons to submit written
data, views, and comments with respect to this proposal to grant an
affirmative Section 18(e) determination of the Oregon State Plan's
temporary labor camps coverage. When submitting comments, persons must
follow the procedures specified above in the sections titled DATES and
ADDRESSES. Submissions must clearly identify the issues addressed and
the positions taken. Comments received by the end of the specified
comment period will become part of the record and will be available for
public inspection and copying at the OSHA Docket Office, as well as
online at www.regulations.gov (Docket Number OSHA-2023-005). As
required by OSHA's regulations, the State of Oregon will be afforded
the opportunity to respond to each submission before the Assistant
Secretary makes a final decision (29 CFR 1902.39(e)).
Informal public hearing: Pursuant to 29 CFR 1902.39(f), interested
persons may request an informal hearing concerning the proposed Section
18(e) determination. Such requests also must be received on or before
April 17, 2023. Such requests must present particularized written
objections to the proposed Section 18(e) determination. OSHA will hold
the informal hearing if the Assistant Secretary finds that substantial
objections have been filed (29 CFR 1902.39(g)). As required by
regulation, the Assistant Secretary will decide whether an informal
hearing is warranted within 30 days of the last day for filing written
views or comments and, if so, will publish notice of the time and place
of the scheduled hearing at that time. Commenters should note that a
request for an informal hearing and a particularized written objection
to the proposal is not the same as a substantial objection and OSHA
will only hold a hearing if the Assistant Secretary finds that
substantial objections have been filed. The Assistant Secretary will
consider all written comments submitted when determining whether a
substantial objection has been filed.
Certification of the hearing record and Assistant Secretary final
decision: Within a reasonable time after the close of the comment
period (if no hearing is held) or after the certification of the record
(if a hearing is held), after consideration of all relevant information
which has been presented, the Assistant Secretary will publish a
decision on the proposed affirmative 18(e) determination over temporary
labor camps in the Federal Register (29 CFR 1902.41(a)).
VII. 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 included in
the Background section of today's request for public comments an
explanation of the relationship between Federal OSHA and the State
Plans under the OSH Act. Although the specific consultation procedures
provided in section 6 of Executive Order 13132 are not mandatory for
final approval decisions under the OSH Act because they neither impose
a burden upon the state nor involve preemption of any state law, OSHA
has nonetheless consulted extensively with Oregon on the matter of
final approval as to temporary labor camps.
VIII. Regulatory Flexibility Act
OSHA certifies pursuant to the Regulatory Flexibility Act of 1980
(5 U.S.C. 601 et seq.) that this proposed final approval determination,
if finalized, will not have a significant economic impact on a
substantial number of small entities. Final approval of Oregon's
temporary labor camps coverage would not place small employers in
Oregon under any new or different requirements, nor would any
additional burden be placed upon the State government beyond the
responsibilities already assumed as part of the approved Plan.
Authority and Signature
Douglas L. Parker, 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. 8-2020 (85 FR 58393 (Sept. 18, 2020)), and 29 CFR
parts 1902 and 1956.
Signed in Washington, DC, on February 28, 2023.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-05075 Filed 3-10-23; 8:45 am]
BILLING CODE 4510-26-P
