1952.313(a) In accordance with section 18(e) of the Act and procedures in 29 CFR Part 1902, and after a
determination that the State met the "fully effective" compliance staffing benchmarks established in response to a Court Order in AFL CIO v. Marshall,
(CA 74-406), and was satisfactorily providing reports to OSHA through participation in the Federal-State Unified Management Information System, the
Assistant Secretary evaluated actual operations under the Hawaii State plan for a period of at least one year following certification of completion of
developmental steps (May 9, 1978, 43 FR 19849). Based on the Evaluation Report for FY 1982 and available FY 1983 data, and after opportunity for
public comment and an informal public hearing held on October 27, 1983 in Honolulu, Hawaii, the Assistant Secretary determined that in actual
operations, Hawaii is at least as effective as the Federal program in providing safe and healthful employment and places of employment and meets the
criteria for final State plan approval in section 18(e) of the Act and implementing regulations at 29 CFR Part 1902. Accordingly, the Hawaii plan was
granted final approval and concurrent Federal enforcement authority was relinquished under section 18(e) of the Act effective April 30,
1984.
1952.313(b) Except as otherwise noted, the plan which has received final
approval covers all activities of employers and all places of
employment in Hawaii. The plan does not cover maritime employment in
the private sector; Federal government employers and employees;
enforcement relating to any contractors or subcontractors on any
Federal establishment where the land is determined to be exclusive
Federal jurisdiction; and the U.S. Postal Service (USPS), including
USPS employees, and contract employees and contractor-operated
facilities engaged in USPS mail operations.
..1952.313(c)
1952.313(c) Hawaii is required: to maintain a State program which is at least as effective as operations under the
Federal program; to submit plan supplements in accordance with 29 CFR Part 1953; to allocate sufficient safety and health enforcement staff to meet
the benchmarks for State staffing established by the U.S. Department of Labor, or any revisions to those benchmarks; and, to furnish such reports in
such form as the Assistant Secretary may from time to time require.
[49 FR 19192, May 4, 1984; 65 FR 36627, June 9, 2000]
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