1952.244(a) As a result of the Assistant Secretary's determination granting final approval to the Alaska plan under
section 18(e) of the Act, effective September 26, 1984, occupational safety and health standards which have been promulgated under section 6 of the
Act do not apply with respect to issues covered under the Alaska plan. This determination also relinquishes concurrent Federal OSHA authority to issue
citations for violation of such standards under sections 5(a)(2) and 9 of the Act; to conduct inspections and investigations under section 8 (except
those necessary to conduct evaluation of the plan under section 18(b) and other inspections, investigations, or proceedings necessary to carry out
Federal responsibilities not specifically preempted by section 18(e)); to conduct enforcement proceedings in contested cases under section 10; to
institute proceedings to correct imminent dangers under section 13; and to propose civil penalties or initiate criminal proceedings for violations of
the Federal Act under section 17. The Assistant Secretary may retain jurisdiction under the above provisions in any proceeding commenced under section
9 or 10 before the effective date of the 18(e) determination.
..1952.244(b)
1952.244(b) In accordance with section 18(e), final approval relinquishes
Federal OSHA authority only with regard to occupational safety and
health issues covered by the Alaska plan. OSHA retains full authority
over issues which are not subject to State enforcement under the plan.
Thus, Federal OSHA retains its authority relative to safety and health
in private sector maritime activities and will continue to enforce all
provisions of the Act, rules or orders, and all Federal standards,
current or future, specifically directed to maritime employment (29 CFR
Part 1915, shipyard employment; Part 1917, marine terminals; Part 1918,
longshoring; Part 1919, gear certification) as well as provisions of
general industry and construction standards (29 CFR Parts 1910 and
1926) appropriate to hazards found in these employments. Federal
jurisdiction will be retained over marine-related private sector
employment at worksites on the navigable waters, such as floating
seafood processing plants, marine construction, employments on
artificial islands, and diving operations in accordance with section
4(b)(1) of the Act. Federal jurisdiction is also retained and exercised
by the Employment Standards Administration, U.S. Department of Labor
(Secretary's Order 5-96, December 27, 1996) with respect to the field
sanitation standard, 29 CFR 1928.110, and the enforcement of the
temporary labor camps standard, 29 CFR 1910.142, in agriculture, as
described in § 1952.243(b). Federal jurisdiction is also retained
for private sector worksites located within the Annette Islands Reserve
of the Metlakatla Indian Community, for private sector worksites
located within the Denali (Mount McKinley) National Park, for Federal
government employers and employees, and for the U.S. Postal Service
(USPS), including USPS employees, and contract employees and
contractor-operated facilities engaged in USPS mail operations.
1952.244(c) Federal authority under provisions of the Act not listed in section 18(e) is unaffected by final
approval of the plan. Thus, for example, the Assistant Secretary retains his authority under section 11(c) of the Act with regard to complaints
alleging discrimination against employees because of the exercise of any right afforded to the employee by the Act, although such complaints may be
referred to the State for investigation. The Assistant Secretary also retains his authority under section 6 of the Act to promulgate, modify or revoke
occupational safety and health standards which address the working conditions of all employees, including those in States which have received an
affirmative 18(e) determination, although such standards may not be Federally applied. In the event that the State's 18(e) status is subsequently
withdrawn and Federal authority reinstated, all Federal standards, including any standards promulgated or modified during the 18(e) period, would be
Federally enforceable in that State.
..1952.244(d)
1952.244(d) As required by section 18(f) of the Act, OSHA will continue to monitor the operations of the Alaska
State program to assure that the provisions of the State plan are substantially complied with and that the program remains at least as effective as
the Federal program. Failure by the State to comply with its obligations may result in the revocation of the final determination under Section 18(e),
resumption of Federal enforcement, and/or proceedings for withdrawal of plan approval.
[49 FR 38261, Sept. 28, 1984, as amended at 54 FR 115, Jan. 4, 1989; 62 FR 2558, Jan. 17, 1997; 65 FR 36625, June 9, 2000]
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