DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1952

Approved State Plans for Enforcement of State Standards Approval of Supplements to the Kentucky, Tennessee, Wyoming and Indiana State Plans

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

ACTION: Final Rule.

SUMMARY: This document gives notice of Federal approval of State Plan supplements concerning the Kentucky, Tennessee, Wyoming and Indiana Voluntary Protection Programs (VPP). These programs are modeled on the OSHA VPP, which recognize excellence in worksite safety and health. Employers participating in VPP can realize lower workers' injury rates, lower workers' compensation costs and greater employee productivity.

EFFECTIVE DATE: October 24, 1996.

FOR FURTHER INFORMATION CONTACT: Ann Cyr, Acting Director, Office of Information and Consumer Affairs, Occupational Safety and Health Administration, U.S. Department of Labor, Room N3647, 200 Constitution Avenue, N. W., Washington, D.C., 20210, Telephone (202) 219-8148.

SUPPLEMENTARY INFORMATION

A. Background

Kentucky. The Kentucky 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 July 31,1973 (38 FR 20324). A determination of final approval was made under section 18(e) of the Act on June 13, 1985 (50 FR 24896).

Tennessee. The Tennessee 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 July 5, 1973 (38 FR 17840). A determination of final approval was made under section 18(e) of the Act on July 22, 1985 (50 FR 29669).

Wyoming. The Wyoming 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 April 25, 1974 (39 FR 15394). A determination of final approval was made under section 18(e) of the Act on June 27, 1985 (50 FR 26548).

Indiana. The Indiana 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 March 6, 1974 (39 FR 8611). A determination of final approval was made under section 18(e) of the Act on September 26, 1986 (51 FR 34206). Part 1953 of this chapter provides procedures for the review and the approval of State change supplements by the Assistant Secretary of Labor for Occupational Safety and Health (hereinafter referred to as the Assistant Secretary).

B. Description of Supplements

The Federal Voluntary Protection Programs (VPP) are designed to recognize and promote effective safety and health program management. In the VPP, management, labor and OSHA establish cooperative relationships at workplaces that have implemented strong programs.

VPP participants are a select group of facilities that have designed and implemented outstanding safety and health programs. The Star Program is the most highly selective program and is for applicants with safety and health programs that are comprehensive and are successful in reducing workplace hazards. It is open to any industry and to companies with injury incidence and lost workday injury rates at or below the industry's national average. Star participants are evaluated onsite every three years, with annual injury rate reviews. The Merit Program provides a planned set of "stepping stones" to Star participation for those employers who have demonstrated the potential and willingness to achieve Star requirements. Open to sites with injury rates above the industry's national average, Merit participants are evaluated onsite annually. The Demonstration Program allows evaluation of criteria different from, but potentially as protective for workers as the Star criteria.

Approved VPP participants must meet all relevant OSHA standards and have an on-going safety program. OSHA will verify qualifications, exempt participants from regularly scheduled inspections, provide necessary technical support, investigate complaints and accidents, and evaluate the program. Participation does not diminish employer/employee rights or responsibilities under the Occupational Safety and Health Act of 1970. States operating OSHA approved State plans are encouraged to develop their own parallel programs.

Kentucky. On October 6, 1995, Bill Riggs, Former Secretary, Kentucky Labor Cabinet, submitted a plan change supplement concerning Kentucky's Voluntary Protection Programs (VPP). Kentucky's VPP was found to be generally identical to the Federal Voluntary Protection Program, with the exception that the State's VPP is limited to the Star Program in general industry, and excludes the Merit and Demonstration Programs. Kentucky will require that all elements of the employer's program be in place at least 12 months prior to application. The program is known as the Voluntary Protection Partnership of Kentucky.

Tennessee. On April 25, 1996, Alphonso R. Bodie, Commissioner, Department of Labor, Tennessee, submitted a plan change supplement concerning Tennessee's Voluntary Protection Programs (VPP) with subsequent clarification submitted by letter dated August 30, 1996. Tennessee's VPP was found to be generally identical to the Federal Voluntary Protection Program, with the exception that the State's VPP is limited to the Star Program in general industry and excludes the Merit and Demonstration Programs. The program is known as the Tennessee Volunteer Star Program.

Wyoming. On August 9, 1993, Stephen R. Foster, Safety Administrator, Worker's Safety and Compensation Division, submitted a plan change supplement concerning Wyoming's Voluntary Protection Program (VPP). Wyoming's VPP is generally identical to the Federal Voluntary Protection Program, with the exception of organizational and position titles.

Indiana. On June 18, 1996, Kenneth Zeller, Commissioner, Indiana Department of Labor, submitted a plan change supplement concerning Indiana's Voluntary Protection Program (VPP). Indiana's VPP is generally identical to the Federal Voluntary Protection Program with the exception of organizational and position titles.

C. Location of Supplement for Inspection and Copying

Kentucky. A copy of the State plan supplement on the Kentucky VPP may be inspected and copied during normal business hours at the following locations: U. S. Department of Labor, Occupational Safety and Health Administration, Office of the Regional Administrator, Suite 587, 1375 Peachtree Street, N.E., Atlanta, Georgia 30367; Kentucky Labor Cabinet, 1047 U.S. Highway 127 South, Frankfort, Kentucky 40601.

Tennessee. A copy of the State plan supplement on the Tennessee VPP and may be inspected at the following locations: U.S. Department of Labor, Occupational Safety and Health Administration, Office of the Regional Administrator, Suite 587, 1375 Peachtree Street, N.E., Atlanta, Georgia 30367; Tennessee Department of Labor, 710 James Robertson Parkway, Nashville, Tennessee 37243-0659.

Wyoming. A copy of the State plan supplement on the Wyoming VPP may be inspected and copied during normal business hours at the following locations: U.S. Department of Labor, Occupational Safety and Health Administration Office of the Regional Administrator, Room 1999 Broadway Suite 1690, Denver, Colorado 80202-5716; Worker's Safety and Compensation Division, Wyoming Department of Employment, Herschler Building, 2nd Floor East, 122 West 25th Street, Cheyenne, Wyoming 82002.

Indiana. A copy of the State plan supplement on the Indiana VPP may be inspected and copied during normal business hours at the following locations: U.S. Department of Labor, Occupational Safety and Health Administration Office of the Regional Administrator, 230 S. Dearborn Street, 32nd Floor, Room 3244, Chicago, Illinois 60604; Indiana Department of Labor, State Office Building, 402 West Washington Street, Room W195, Indianapolis, Indiana 46204.

Copies of the Kentucky, Tennessee, Wyoming and Indiana supplements are also available at the U.S. Department of Labor, Occupational Safety and Health Administration, Directorate of Federal-State Operations, 200 Constitution Avenue, N.W., Room N3700, Washington, D.C. 20210.

D. Public Participation

Under 29 CFR 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 Kentucky, Tennessee, Wyoming, and Indiana Voluntary Protection Programs are generally identical to the Federal Voluntary Protection Program, meet Federal requirements and were adopted by the States in accordance with State procedural requirements. Good cause is therefore found for approval of these supplements and further public participation would be unnecessary.

E. Decision

After careful consideration and review by the Regional and National Offices, the Kentucky, Tennessee, Wyoming and Indiana plan supplements described above are found to meet OSHA requirements and are hereby approved under Part 1953 of this chapter. The decision incorporates the requirements of the Act and implementing regulations applicable to State plans generally.

Signed at Washington, DC. This 16th day of October 1996.

Joseph A. Dear,
Assistant Secretary.

Accordingly, for the reasons set forth in the preamble, 29 CFR Part 1952 is hereby amended as follows:

PART 1952 -- [AMENDED]

1. The authority citation for Part 1952 continues to read as follows:

Authority: Sec. 18, 84 Stat. 1608 (29 U.S.C. 657); 29 CFR part 1902, Secretary of Labor's Order No. 1-90 (55 FR 9033).

2. Subpart Q-Kentucky, Sec. 1952.237 is amended by adding paragraph (b) to read as follows:

Sec. 1952.237 Changes to approved plans.

* * * * * (b) The Voluntary Protection Program. On October 24, 1996, the Assistant Secretary approved Kentucky's plan supplement, which is generally identical to the Federal Voluntary Protection Program, with the exception that the State's VPP is limited to the "Star" level participation for general industry firms.

3. Subpart P-Tennessee, Sec. 1952.227 is amended by adding paragraph (b) to read as follows:

Sec. 1952.227 Changes to approved plans.

* * * * * (b) The Voluntary Protection Program. On October 24, 1996, the Assistant Secretary approved Tennessee's plan supplement, which is generally identical to the Federal Voluntary Protection Program, with the exception that the State's VPP is limited to the "Star" level participation for general industry firms.

3. Subpart BB-Wyoming, Sec. 1952.347 is amended by adding paragraph (c) to read as follows:

Sec. 1952.347 Changes to approved plans.

* * * * * (c) The Voluntary Protection Program. On October 24, 1996, the Assistant Secretary approved Wyoming's plan supplement which is generally identical to the Federal Voluntary Protection Program, with the exception of organizational and position titles.

4. Subpart Z-Indiana, Sec. 1952.327 is amended by adding paragraph (c) to read as follows:

Sec. 1952.327 Changes to approved plans.

* * * * * (c) The Voluntary Protection Program. On October 24, 1996, the Assistant Secretary approved Indiana's plan supplement which is generally identical to the Federal Voluntary Protection Program, with the exception of organizational and position titles

[FR Doc. 96-27203 Filed 10-23-96; 8:45 am]