Approved State Plans for Enforcement of State Standards; Approval of Supplements to the Hawaii State Plan

DEPARTMENT OF LABOR

29 CFR Part 1952

Approved State Plans for Enforcement of State Standards; Approval

of Supplements to the Hawaii State Plan

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Approval of supplements to the Hawaii State Plan.

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

SUMMARY: This document gives notice of Federal approval of supplements

to the Hawaii State occupational safety and health plan. These

supplements are: regulations concerning the Division of Occupational

Safety and Health's Access to Employee Medical Records; changes to

previously approved regulations covering the Labor and Industrial

Relations Appeals, Board, General Provisions and Definitions, Recording

and Reporting Occupational Injuries and Illnesses, Inspections,

Citations, and Proposed Penalties, and Variances; an amendment to the

Hawaii Occupational Safety and Health Law enacted in 1987; the Hawaii

Consultation Policies and Procedures Manual; and the Hawaii

Occupational [[Page 12418]] Safety and Health Administration Technical

Manual.

EFFECTIVE DATE: March 7, 1995.

FOR FURTHER INFORMATION CONTACT:

Director, Office of Information and Consumer Affairs, Occupational

Safety and Health Administration, Room N3647, 200 Constitution Avenue

NW., Washington, DC 20210. Telephone: (202) 523-8148.

SUPPLEMENTARY INFORMATION:

Background

The Hawaii Occupational Safety and Health Plan was approved under

section 18(c) of the Occupational Safety and Health Act of 1970 (29

U.S.C. 667(c)) (hereinafter referred to as the Act) and Part 1902 of

this chapter on January 4, 1974 (39 FR 1010). Part 1953 of this chapter

provides procedures for the review and approval of State change

supplements by the Assistant Secretary of Labor for Occupational Safety

and Health (hereinafter referred to as the Assistant Secretary).

Description of Supplements

A. Regulations

On September 16, 1982, the State submitted its regulation

concerning the Division of Occupational Safety and Health's Access to

Employee Medical Records. This regulation is identical to the Federal

regulation set out in part 1913 of this Chapter. On March 11, 1988, the

State submitted minor editorial revisions to this regulations.

On October 7, 1983, the State submitted a revised version of the

Rules of Practice and Procedure of the Hawaii Labor and Industrial

Relations Appeals Board. These rules have been reviewed and found to be

as effective as the regulations governing the Federal Occupational

Safety and Health Review Commission.

On June 27, 1983, the State submitted a revision to its regulation

on Recording and Reporting Occupational Injuries and Illnesses (Chapter

52) to incorporate a change in the Federal regulation at Part 1904 of

this Chapter concerning an exemption from requirements for recording

occupational injuries and illnesses for certain low hazard industries.

The State change is identical to the Federal revision. On March 11,

1988, the State submitted minor editorial changes to this regulation.

On June 27, 1983, the State submitted revisions to its regulations

on Inspections, Citations, and Proposed Penalties (Chapter 51), to

incorporate a change in the Federal regulation at Part 1903 of this

Chapter concerning the use of personal sampling devices during

inspections. On March 11, 1988, the State submitted further revisions

to this regulation. OSHA's review of an earlier version of this

regulation had expressed concern about the provisions for Petition for

Modification of Abatement dates (PMAs). (See 43 FR 5820, February 10,

1978.) In response, the State revised its regulation to provide for

employee contest of a PMA within ten days of posting of the petition

and an opportunity for contest PMAs to be heard by the Appeals Board,

with the burden of proof placed on the employer. In addition, the State

has issued a Guideline which provides that the employer will be

informed of the right to contest the denial of a PMA and that the

Director will not grant an uncontested PMA before the ten day contest

period has expired. These revisions make the Hawaii regulations at

least as effective as the Federal regulations in Part 1903 of this

Chapter. This submission also contained a change in the State's

provision for filing complaints of discrimination for exercising rights

under the Act. The change incorporates a revision to the Federal

regulation at Part 1977 of this Chapter concerning time limits for

filing such complaints.

On March 11, 1988, Hawaii submitted revisions to its Rules of

Practice for Variances (Chapter 53). The State amended its regulations

to allow for acceptance of Federally granted variances from standards

which are identical to Federal standards.

The March 11, 1988 submission also included minor editorial changes

to Hawaii's General Provisions and Definitions (Chapter 50). In

addition, on March 13, 1992, the State submitted a revision to this

regulation to include a definition of nationally recognized testing

laboratories, in response to changes in the Federal definition. On July

13, 1993, the State submitted an updated Guideline on Nationally

Recognized Testing Laboratories, which states that Hawaii will not

establish its own testing program but will recognize Federally approved

laboratories.

B. Amendment to Hawaii Occupational Safety and Health Law

In 1987, the State enacted an amendment to its Occupational Safety

and Health Law. The amendment, submitted as a plan supplement on March

13, 1992, expands the type of information that is protected from

disclosure in any discovery or civil action arising out of enforcement

or administration of the law.

C. Consultation Manual

On June 12, 1987, the State submitted its Consultation Policies and

Procedures Manual. This manual is identical to Part I of the Federal

Consultation Policies and Procedures Manual.

D. Industrial Hygiene Technical Manual

On August 8, 1991, the State submitted notice of its adoption of

the Federal OSHA Technical Manual, through Change 1. The State manual

is identical to the Federal Technical Manual.

E. Revised Plan

On January 28, 1992, Hawaii submitted a reorganized State plan,

incorporating the plan supplements approved herein as well as

previously approved plan changes and other supplements still under

review.

Location of Supplements for Inspection and Copying

A copy of the plan and the supplements may be inspected and copied

during normal business hours at the following locations: Office of the

Regional Administrator, Occupational Safety and Health Administration,

Room 415, 71 Stevenson Street, San Francisco, California 94105;

Director, Hawaii Department of Labor and Industrial Relations, 830

Punchbowl Street, Honolulu, Hawaii 96813; and the Office of the

Director of Federal-State Operations, Room N3700, 200 Constitution

Avenue NW., Washington, DC 20210.

Public Participation

Under Sec. 1953.2(c) of this chapter, the Assistant Secretary may

prescribe alternative procedures to expedite the review process or for

any other good cause which may be consistent with applicable law. The

Assistant Secretary finds that the Hawaii plan supplements are

consistent with Federal requirements and with commitments contained in

the plan and previously made available for public comment. Good cause

is therefore found for approval of these supplements, and further

public participation would be unnecessary.

Decision

After careful consideration and extensive review by the Regional

and National Offices, the Hawaii plan supplements described above are

found to be in substantial conformance with comparable Federal

provisions and are hereby approved under Part 1953 of this chapter. The

decision incorporates the requirements and implementing regulations

applicable to State plans generally. [[Page 12419]]

List of Subjects in 29 CFR Part 1952

Intergovernmental relations, Law enforcement, Occupational safety

and health.

Signed at Washington, DC, this 20th day of February, 1995.

Joseph A. Dear,

Assistant Secretary.

Accordingly, 29 CFR Part 1952 is hereby amended as follows:

PART 1952--[AMENDED]

1. The authority citation for part 1952 continues to read:

Authority: Secs. 8, 18 Pub. L. 91-596, 84 Stat. 1608

Occupational Safety and Health Act of 1970 (29 U.S.C. 657, 667);

Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR

25059), or 9-83 (48 FR 35736), as applicable.

2. New paragraphs (b) through (f) are added to Sec. 1952.316 of

Subpart Y to read as follows:

Sec. 1952.316 Changes to approved plans.

* * * * *

(b) Regulations.

(1) The State's regulation on the Division of Occupational Safety

and Health's Access to Employee Medical Records, and amendments to

State regulations covering the Labor and Industrial Relations Appeals

Board; General Provisions and Definitions; Recording and Reporting

Occupational Injuries and Illnesses; Inspections, Citations, and

Proposed Penalties; and Variances, promulgated by the State through

March 22, 1991, were approved by the Assistant Secretary on February

20, 1995.

(2) [Reserved]

(c) Legislation.

(1) An amendment to the Hawaii Occupational Safety and Health Law,

enacted in 1987, which expands the type of information that is

protected from disclosure in any discovery or civil action arising out

of enforcement or administration of the law, was approved by the

Assistant Secretary on February 20, 1995.

(2) [Reserved]

(d) Consultation Manual. The State's Consultation Policies and

Procedures Manual was approved by the Assistant Secretary on February

20, 1995.

(e) Occupational Safety and Health Administration Technical Manual.

The State's adoption of the Federal OSHA Technical Manual, through

Change 1, was approved by the Assistant Secretary on February 20, 1995.

(f) Reorganized Plan. The reorganization of the Hawaii plan was

approved by the Assistant Secretary on February 20, 1995.

[FR Doc. 95-5505 Filed 3-6-95; 8:45 am]

BILLING CODE 4510-26-M