[Federal Register: March 1, 2004 (Volume 69, Number 40)]
[Notices]
[Page 9643-9647]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01mr04-95]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
Changes to State Plans: Approval of Oregon State Standards
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice of approval of Oregon State standards.
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SUMMARY: The Occupational Safety and Health Administration (OSHA) is
approving amendments to 18 standards promulgated by the Oregon
Department of Consumer and Business Services pursuant to its OSHA-
approved State Plan. These amendments differ from the equivalent
Federal standards amendments but have been determined to be ``at least
as effective''; no concerns or objections have been brought to OSHA's
attention regarding them.
EFFECTIVE DATE: March 1, 2004.
FOR FURTHER INFORMATION CONTACT: Barbara Bryant, Director, Office of
State Programs, Directorate of Cooperative and State Programs,
Occupational Safety and Health Administration, Room N-3700, 200
Constitution Avenue, NW., Washington, DC 20210, telephone (202) 693-
2244. You may access Oregon's standards on-line, using the Oregon
standards references noted below, by going to http://www.osha.gov/fso/osp/index.html
and selecting ``Oregon.'' You
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will be directed to Oregon OSHA's Web site.
SUPPLEMENTARY INFORMATION:
I. Introduction
A. Background
Part 1953 of title 29, Code of Federal Regulations, prescribes
procedures under section 18 of the Occupational Safety and Health Act
of 1970 (hereinafter called the Act) by which the Occupational Safety
and Health Administration will review and approve standards promulgated
pursuant to a State plan which has been approved in accordance with
section 18(c) of the Act and 29 CFR part 1902. On December 28, 1972,
notice was published in the Federal Register (37 FR 28628) of the
approval of the Oregon plan and the adoption of subpart D to part 1952
containing the decision and a description of the State's plan. Section
1953.4(b)(1) provides that when a significant change in the Federal
program would have an adverse impact on the ``at least as effective''
status of the State program if a parallel State program modification
were not made, State adoption of a change in response to the Federal
program change shall be required. The Oregon plan provides for adoption
of State standards which are at least as effective as comparable
Federal standards promulgated under section 6 of the Act. The Oregon
plan also provides for the adoption of Federal standards as State
standards by reference. Oregon's standards, whether identical to the
Federal or different, are adopted pursuant to State law (ORS
654.025(2), ORS 656.726(3) and ORS 183.335). OSHA has reviewed and
determined that amendments to the following Oregon standards, while not
identical to the Federal, are ``at least as effective'' as required by
section 1953.5(a) and have not been the subject of any complaints,
objections, or controversy brought to OSHA's attention with regard to
their effectiveness or burden on interstate commerce (section
1953.6(c)).
B. Standards Approved
1. Air Contaminants
In response to revision of the Federal Air Contaminants standard
for general industry, 29 CFR 1910.1000, as published in the Federal
Register (58 FR 35338) on June 30, 1993, with corrections on July 27,
1993 (58 FR 40191), and August 4, 1997 (62 FR 42018), Oregon adopted
comparable changes as well as State-initiated changes to its Air
Contaminants standards in Division 2/Z, General OSH Rules (OAR 437-002-
0382); Division 3/Z, Construction (OAR 437-003-1000); and Division 4/Z,
Agriculture (OAR 437-004-9000) between November 1993 and September 2001
under OR-OSHA Administrative Orders 17-1993, 5-1997, 6-1997, 4-2001 and
9-2001. (When a 1992 court decision required Federal OSHA to vacate its
1989 air contaminants standard, Oregon re-adopted its old air
contaminants rules instead of OSHA's pre-1989 standard. When Federal
OSHA adopted a revised standard in 1993, Oregon adopted some of the
Federal changes but retained a number of its State-initiated
provisions.) The State air contaminants standards for general industry
and construction contain Permissible Exposure Limits (PELs) for 70
chemicals for which OSHA does not have a PEL, lower PELs for 13, and
additional ceiling limits or shorter duration levels for two chemicals.
Oregon's air contaminants standard for agriculture contains a shorter
list of chemicals, though with the same PELs. (See Table 1.)
Table 1: Oregon Air Contaminants: Differences From Federal
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Industries covered: includes Construction as well as General Industry,
plus a shorter list of chemicals for Agriculture. (Federal OSHA covers
only General Industry.)
Added PEL: Abate, Acetylene, Allyl Glycidyl Ether (AGE), Alundum,
Asphalt, Boron Tribromide, Butane, Butyl Lactate, Calcium Arsenate,
Caprolactam, Corundum, Cyanogen, Dibrom, 2-N-Dibutylaminoethanol,
Dichloroacetylene, Dichloroethyl Ether, Dicyclohexylmethane
Diisocyanate, Dicyclohexylmethane 4,4-Diisocyanate, Diethylene
Triamine, Diisobutyl Ketone, Dinitrobenzene, Diphenylene, Diisocyanate,
Diphenylamine, Diquat, Ethane, Ethyl Mercaptan, Ethylene, Ethylene
Glycol Particulate, Ethylene Glycol, Germanium Tetrahydride,
Hexachlorocyclopentadiene, Hexafluoracetone, Hexamethylene
Diisocyanate, 1,6 Hexamethylene Diisocyanate Based Adduct, 1,6
Hexamethylene Diisocyanate, Hydrogen, Indene, Indium, Iron
Pentacarbonyl, Iron Salts, Isophorone Diisocyanate, Mercury, Methane,
Methylacrylonitrile, Methyl Bromide, Methyl 2-Cyanoacrylate,
Methylcyclopentadienyl, Methyl Demeton, Methyl Mercaptan, Methyl
Parathion, Methyl Silicate, Mineral Wool Fiber, MOCA, Naphthalene
Diisocyanate, Nicotine, Nitrous Oxide, Parafin Wax Fume, Phenothiazine,
Phenylphosphine, Propargyl Alcohol, Propylene Glycol Monomethyl Ether,
RDX, Rosin Core Solder Pyrolysis Products, Subtilisins, Sulfur
Tetrafluoride, Tin Oxide, Toluene Diisocyanate, Trimethyl Benzene,
Tungsten, Vinyl Bromide
Lower PEL: Emery, 2-Ethoxyethanol (Cellosolve), Furfuryl Alcohol, Glass
(Fibrous or dust), Isophrone, Isopropyl Ether, Methylcyclohexanol,
Methylcyclohexanone, Octane, Pentane, Stoddard Solvent, Organo Mercury
and Toluene
Added ceiling value: Acetic Anhydride
Shorter duration level: Carbon Disulfide
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2. Bloodborne Pathogens--Needlestick Devices
In response to a Federal standard change, the State has submitted a
State standard amendment on needlestick devices comparable to 29 CFR
1910.1030, Occupational Exposure to Bloodborne Pathogens (66 FR 5318,
January 18, 2001). The State amendment was adopted September 14, 2001,
effective October 18, 2001, under OR-OSHA Administrative Order 10-2001,
and is located in Division 2/Z at OAR 437-002-1910.1030. Oregon's
standard was previously adopted by reference and contains only two
differences added in 2001, both concerning added requirements for
medical sharps. The State-initiated rule at OAR 437-002-1030 requires
employee involvement in an annual review of safer medical devices, and
requires employee training in the use of safer medical devices before
they are used. OAR 437-002-1035 requires that any employer who is
required to maintain an Exposure Control Plan must maintain a sharps
injury log. (Under 29 CFR part 1904 Federal OSHA excludes small
employers or those in low-hazard SICs from recordkeeping requirements,
including sharps injuries.)
3. Concrete and Masonry Construction
On its own initiative, the State adopted a change to the Concrete
and Masonry Construction standard. The State repealed 29 CFR
1926.706(a)(2), (5) and (b) and adopted OAR 437-003-0706 and additional
definitions in OAR 437-003-0017 of Division 3/Q. The State amendment
was adopted on January 30, 2003, and effective April 30, 2003, under
OR-OSHA Administrative Order 1-2003. The State standard was originally
approved on December 12, 1989 (54 FR 51089). Major differences from the
Federal standard are: (1) The State addresses limited access zones for
reinforced and non-reinforced walls separately. For non-reinforced
walls the State standard is the same as the Federal. For reinforced
walls, the limited access zone for the State standard extends away from
the wall a distance equal to the height of the grout
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pour plus 4 feet. This allows the limited access zone to be extended as
the wall gains height. The Federal standard requires the limited access
zone to extend away from the wall a distance equal to the height of the
wall to be constructed plus 4 feet. (2) The State also requires the
additional safeguard of monitoring wind speeds and removing employees
when winds exceed 34 mph. (3) The State and Federal standards have the
same criteria for when bracing is required. However, where bracing is
required, the State requires the employer to have a Registered
Professional Engineer design a bracing system or follow the
requirements in OAR 437-003-0706(4). The Federal standard requires
walls to be adequately braced. (4) Additional definitions were adopted
in OAR 437-003-0017.
4. Construction/Electrical
On its own initiative, the State adopted a new rule, OAR 437-003-
0404, Branch circuits for ground-fault circuit interrupters (GFCI), in
Division 3/K, Construction/Electrical, to replace 29 CFR
1926.404(b)(1). The State standard is patterned after the 2002 edition
of the National Electrical Code section 527.6. The State standard was
adopted on May 30, 2002, and effective August 5, 2002, under OR-OSHA
Administrative Order 5-2002. The State standard does not contain the
two exceptions allowed in the Federal standard addressing portable and
vehicle mounted generators and work in fixed industrial establishments.
5. Control of Hazardous Energy (Lockout/Tagout)
On its own initiative the State adopted a change to its Control of
Hazardous Energy (Lockout/Tagout) standard at OAR 437-002-1910.147 in
Division 2/J. The new State-initiated rule at OAR 437-002-0154,
Individual Locks, adds a requirement for the user (authorized employee)
to have the only key or the only combination to each lock. Oregon's
Control of Hazardous Energy standard was previously adopted by
reference (except for a broader scope) and approved on April 26, 1991
(56 FR 19383). The State amendment was adopted and effective October
26, 2001, under OR-OSHA Administrative Order 12-2001. Oregon's standard
covers all employers, while the federal standard (29 CFR 1910.147)
exempts construction, agriculture and maritime employment.
6. Dipping and Coating Operations
On its own initiative, the State repealed OAR 437-002-
1910.124(g)(2) in Division 2/H on Dipping and Coating Operations and
replaced it with a note directing the reader to OAR 437-002-0161(5), on
emergency eyewash and shower facilities, in Division 2/K, Medical and
First Aid. The State amendment was adopted and effective on May 30,
2002, under OR-OSHA Administrative Order 4-2002. The original State
standard was identical to the OSHA standard. The State now has
additional and more specific requirements for emergency eyewash and
shower facilities, i.e., the location requirements for the equipment;
the requirement to follow the manufacturer's instructions for
installation and the manufacturer's criteria for water pressure, flow
rate and testing; and allowing an alternative eyewash solution with the
support of a physician board-certified in ophthalmology, toxicology or
occupational medicine.
7. Electric Power Generation, Transmission and Distribution--Brush
Chipping
On its own initiative, the State adopted a change to the Brush
Chipping requirements contained in the Electric Power Generation,
Transmission and Distribution standards for General Industry (OAR 437
Division 2/R) and for Construction (OAR 437 Division 3/V), comparable
to 29 CFR 1910.269 and 1926.950. To promote consistency in Oregon
OSHA's requirements, the State consolidated the various rules from each
division into one rule that applies to all employees operating
chippers. The General Industry standard at OAR 437-002-1910.269(r)(2)
was repealed and OAR 437-002-0310(6) (located in Tree and Shrub
Services and referenced under Electric Power Generation) was adopted;
and in Construction, OAR 437-003-0660 and 437-003-0730 through 0765
were repealed and OAR 437-003-0707 was adopted. The State brush
chipping standard has additional requirements not contained in the OSHA
standards, such as strength requirements for the knife guards, having a
coworker in the immediate vicinity when feeding the chipper, and
chipper feeding requirements. The State standard was previously
approved on August 25, 2000 (65 FR 51855). The State amendments were
adopted and effective April 6, 2001, under OR-OSHA Administrative Order
5-2001.
8. Material Handling Equipment--Personnel Platforms
The State has adopted a State-initiated rule for Personnel
Platforms at OAR 437-003-0094 amending Oregon's adoption by reference
in Division 3/O of the Material Handling Equipment standards at 29 CFR
1926.602. Oregon's standard was previously approved by OSHA on July 17,
1987 (52 FR 27077). The new rule adds equipment and operator
requirements for personnel platforms on lift trucks when there are no
controls at the platform. It was adopted and effective May 26, 1999,
under Administrative Order 6-1999.
9. Material Handling and Storage--Slings
On its own initiative, the State has adopted a change related to
Slings in Division 2/N, Material Handling and Storage, comparable to 29
CFR 1910.184. This amendment revises the chain sling requirement at OAR
437-002-0235 to allow other types of chains for lifting in processes
where the use of alloy chains is more hazardous. Oregon's Material
Handling and Storage standard was previously approved on August 25,
2000 (65 FR 51857). The State amendment was adopted and effective on
October 26, 2001, under OR-OSHA Administrative Order 12-2001.
10. Medical Services and First Aid
On its own initiative, the State has adopted amendments at OAR 437-
022-0161 (in Division 2/K) comparable to 29 CFR 1910.151, Medical
Services and First Aid. Oregon's standard was previously approved on
March 16, 1976 (41 FR 11087). The current amendments were adopted and
effective February 3, 1993, and January 28, 2000, under Administrative
Orders 2-1993 and 1-2000. Differences include changed definitions, a
requirement for employers to determine the first aid supplies required
at the workplace based upon the intended use and types of injuries that
may occur, clearer criteria for eyewash and showers, alternate eye
treatment when approved by a specified physician, and a requirement to
follow information on the Material Safety Data Sheets or the
manufacturer's direction for treating contamination of the eye or body.
11. Ornamental Tree and Shrub Services
In response to Federal comments, the State has submitted changes to
its independent Ornamental Tree and Shrub Services standard in Division
2/R at OAR 437-002-0301, adopted and effective February 16, 1996, under
OR-OSHA Administrative Order 1-1996. The State's new Tree and Shrub
Services standard had been adopted December 21, 1990 and effective
February 1, 1991, under Administrative Order 27-1990. It excludes
agricultural crops and crop services, but includes line clearance and
telecommunication
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line clearance activities contained in 29 CFR 1910.268(q).
12. Personal Protective Equipment
a. On its own initiative the State has adopted a standard for High
Visibility Garments. The State's submittal adds OAR 437-002-0128 to
requirements in Division 2/I, General Industry Personal Protective
Equipment, and adds OAR 437-003-0128 to Division 3/C, Construction. The
State standard was adopted November 7, 2000 and effective April 1,
2001, under OR-OSHA Administrative Order 10-2000. OSHA does not have a
similar standard in the 29 CFR 1910 General Industry standards and the
OSHA construction standard at 29 CFR 1926.201(a)(4) only applies to
flaggers, whereas the State standard applies to any employee exposed to
hazards caused by moving vehicles.
b. On its own initiative, the State has adopted a change to its
General Industry and Agriculture personal protective equipment
requirements when working on or over water. OSHA does not have a
similar standard for General Industry or Agriculture. The new General
Industry amendment in Division 2/I at OAR 437-002-0139 and 1139
reflects current practices and technology, and the Agriculture
amendment in Division 4/I at OAR 437-004-1070 and 1075 restores and
updates standards that were erroneously left out during a previous
rewrite of the standard. Both require persons working on or over water
to wear personal flotation devices. The State amendments were adopted
January 18, 2001, and effective March 1, 2001, under OR-OSHA
Administrative Order 1-2001.
c. The State also adopted a change in Division 2/I that added notes
clarifying the application of the hazard assessment and training
requirements, and added a requirement at OAR 437-002-0137(3) for leg
protection when using chain saws. OSHA does not have a similar standard
for General Industry. The State amendments were adopted and effective
on October 26, 2001, under OR-OSHA Administrative Order 12-2001.
Oregon's Personal Protective Equipment standard was previously approved
on July 31, 1995 (60 FR 36009).
13. Portable and Fixed Ladders
On its own initiative, the State has repealed its standard for
extension ladders, portable wood and metal ladders, and fixed ladders
comparable to 29 CFR 1910.25--1910.26, and adopted new standards in
Division 2/D at OAR 437-002-0026, Portable Ladders, and OAR 437-002-
0027, Fixed Ladders. The State's repeal and adoption were effective
September 10, 1999, under OR-OSHA Administrative Order 10-1999.
Differences from the Federal standard include: The standards were re-
written in clearer language and added coverage of reinforced plastic
ladders to the portable ladders provisions. Detailed language on the
design and construction of ladders was replaced with the requirement
that the ladders meet the respective ANSI standard. Basic use and care
requirements are grouped by type of ladder rather than the material
from which it is made. Fixed ladder requirements were changed to meet
the newest edition of ANSI for fixed ladders (A 14.3-1992), which
changes the requirements for landing platforms, cages and climbing
safety devices.
14. Powered Industrial Trucks
On its own initiative, the State has adopted a re-codification and
amendment of the State standard for Powered Industrial Trucks, OAR 437-
02-1910.178 (in Division 2/N), adopted August 20, 1993, and effective
November 1, 1993, under Administrative Order 13-1993. The State
repealed OAR 437-63, Powered Industrial Trucks, in its entirety, and
adopted by reference the Federal standard at 29 CFR 1910.178, except
for 1910.178(e)(1), Safety Guards on High Lift Rider Trucks. This
section was replaced with previously approved OAR 437-63-260(1), which
was also amended and re-codified as OAR 437-002-227(1)(a), (b), and
(c). Instead of adopting OSHA's requirement for an overhead guard on
high lift rider trucks to be manufactured in accordance with a 1969
ANSI standard, Oregon's standard contains specific requirements for
these guards.
15. Pulp, Paper and Paperboard Mills
On its own initiative, the State has adopted standard amendments at
OAR 437-002-312 (in Division 2/R) comparable to 29 CFR 1910.261, Pulp,
Paper and Paperboard Mills. Oregon's original standard received OSHA
approval (42 FR 38026) on July 26, 1977, and was re-codified and
approved (52 FR 27077) on July 17, 1987. The current amendments were
adopted on November 4, 1994 (effective January 3, 1995), and January
14, 2001 (effective February 5, 2001), under OR-OSHA Administrative
Orders 7-1994 and 2-2001. The 2001 change was a corrective amendment
that made one provision identical to the Federal: Oregon removed one
paragraph, at OAR 437-002-0312(4)(j)(C), which makes the State's
requirement at OAR 437-002-312(4)(j) concerning worker entry into chip
and sawdust bins identical to 29 CFR 1910.261(c)(9). The standard
contains additional requirements previously approved by OSHA concerning
employee training, blow lines, exhaust systems for chlorine and
chlorine dioxide, and handling sodium chlorate. Differences from the
Federal standard effective since 1995 are: the State requires employers
to follow 1910.147, Control of Hazardous Energy; updates the referenced
ANSI standards to the most recent editions; and adds some ANSI
standards not contained in the Federal standard. The most recent ANSI
standards reflect more current industry practices.
16. Signs, Signals and Barricades
In response to a Federal standard change, the State submitted a
State standard amendment comparable to 29 CFR 1926.200, .201 and .202,
Accident Prevention Signs and Tags, Signaling and Barricades, as
published in the Federal Register on September 12, 2002 (67 FR 57736).
The State did not adopt the Federal provisions at 1926.200(g)(2),
Traffic Signs, 1926.201, Signaling, and 1926.202, Barricades, and
instead amended its Division 3/G, OAR 437-003-0420, Traffic Control
construction standard, which includes rules for signaling and the use
of flaggers and for using barricades for protection of workers. The
State also revised Division 2/N, General Industry rules for Commercial
and Industrial Vehicles standard, OAR 437-002-0223(23), Warning
Devices, to reflect the same updated language requiring adequate and
appropriate traffic controls as found in the Construction standard. The
State amendments were adopted and effective on January 30, 2003, under
OR-OSHA Administrative Order 2-2003. Differences are: The State has
adopted the same rules for general industry, while the Federal standard
lacks a companion rule for general industry. The State requires
conformance with the Millenium Edition, December 2000, of the Manual of
Uniform Traffic Control Devices (MUTCD) while Federal OSHA also allows
the option of complying with the September 3, 1993, revision of the
1988 MUTCD.
17. Spray Finishing
On its own initiative, the State submitted changes to its Spray
Finishing standard. The State removed OAR 437-002-1910.94(c) and OAR
437-002-1910.107 on spray finishing and replaced them with OAR 437-002-
0107, Spray Finishing, in Division 2/H. The purpose of the change was
to consolidate the two rules in one place and make the rules easier to
understand. The amendment was adopted and
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effective on April 21, 2003, under OR-OSHA Administrative Order 3-2003.
The State standards at 1910.94(c) and 1910.107 had previously been
adopted by reference with additional State requirements and approved on
August 25, 2000 (65 FR 51857). OSHA has determined the following
differences between the State and Federal standards: The State standard
combines the requirements for spraying flammable or combustible
materials and materials that are not flammable or combustible into one
standard. The State also has kept some of its previously approved rules
that were not part of the Federal standard. Language was also added
that allows for alternatives to certain requirements when written
authorization is obtained from the local fire authority. The State has
additional definitions such as ``infrequent and of short duration'',
``non-combustible materials'' and ``overspray''. The State standard
requires all employees engaged in spray finishing operations to be
provided with and wear respiratory protection unless exhaust
ventilation is provided and reduces employee exposure to any material
or finish or its solvent to below the PEL. The State standard considers
spray booths constructed in accordance with the Oregon Building Codes
Division to be in compliance with the standards. The State adopted the
more current consensus industry standards such as requiring a 4\1/2\-
inch metal deflector on the upper outer edge of the spray booth, which
is the current requirement in the Uniform Fire Code, rather than the
2\1/2\-inch deflector required by OSHA. The standard was also written
in language that is easier to understand.
18. Telecommunications
In response to Federal comments, the State has submitted changes to
its Telecommunications standard in Division 2/R comparable to 29 CFR
1910.168, adopted and effective April 30, 1999, under OR-OSHA
Administrative Order 3-1999. The State had previously adopted by
reference on August 4, 1993, effective October 1, 1993 (Administrative
Order 11-1993), most of 29 CFR 1910.268, Telecommunications. An Oregon-
initiated rule at OAR 437-002-0316 covered seven Telecommunications
provisions not adopted, as well as some additional State requirements.
In response to Federal comments, the State adopted by reference two of
the federal Telecommunications provisions, concerning rubber insulating
equipment and tree trimming electrical hazards, that were not adopted
in 1993, and repealed a provision and Note in OAR 437-002-0316
concerning tree trimming electrical hazards. Current differences are:
The general Medical Services and First Aid requirements contained in
OAR 437-002-0161 are referenced rather than adopting the specific
requirements contained in 1910.268(b)(3); the employer must make a
complete evaluation of the work location before work is performed; all
equipment, tools and safety devices must be installed, used and
operated in accordance with the manufacturer's recommendations and
operating instructions; safety straps must be lashed around the top
rung of ladders when ladder hooks are used; there are standards for use
of chain saws; employees operating cranes and derricks must be trained
in accordance with OAR 437-002-0229(2); there are standards addressing
fiber optic/light wave transmission; and additional definitions.
II. Decision
After review, OSHA has determined that the State standards
amendments for Air Contaminants; BloodbornePathogens--Needlestick
Devices; Concrete and Masonry Construction; Construction/Electrical;
Control of Hazardous Energy (Lockout/Tagout); Dipping and Coating
Operations; Electric Power Generation, Transmission and Distribution--
Brush Chipping; Material Handling Equipment--Personnel Platforms;
Material Handling and Storage--Slings; Medical Services and First Aid;
Ornamental Tree and Shrub Services; Personal Protective Equipment;
Portable and Fixed Ladders; Powered Industrial Trucks; Pulp, Paper and
Paperboard Mills; Signs, Signals and Barricades; Spray Finishing; and
Telecommunications are at least as effective as the comparable Federal
standards and/or compliance policies, as required by section 18(c)(2)
of the Act and 29 CFR 1902.3(c) and 1953.5(a). OSHA has received no
comments, complaints or concerns about these different State standards
either as to their effectiveness in comparison to the Federal standards
or as to their conformance with the product clause requirements of
section 18(c)(2) of the Act. (A different State standard applicable to
a product which is distributed or used in interstate commerce must be
required by compelling local conditions and not unduly burden
interstate commerce.)
OSHA, therefore, approves these standards; however, the right to
reconsider this approval is reserved should substantial objections be
submitted to the Assistant Secretary.
III. Location of Basic State Plan Documentation
Copies of basic State plan documentation are maintained at the
following locations; specific documents are available upon request,
including a copy of these State standards and comparison to the Federal
standards. Contact the Office of the Regional Administrator,
Occupational Safety and Health Administration, 1111 Third Avenue, Suite
715, Seattle, Washington 98101-3212, (206) 553-5930, fax (206) 553-
6499; Oregon Occupational Safety and Health Division, Department of
Consumer and Business Services, Salem, Oregon 97310, (503) 378-3272,
fax (503) 947-7461; and the Office of State Programs, Occupational
Safety and Health Administration, 200 Constitution Avenue, NW., Room
N3700, Washington, DC 20210, (202) 693-2244, fax (202) 693-1671.
Oregon's current standards are posted on the State's Web site at
http://www.cbs.state.or.us/external/osha/standards/standards.htm. An
electronic copy of this Federal Register notice is available on OSHA's
Web site, http://www.osha.gov.
IV. Public Participation
Under 29 CFR 1953.3(e), the Assistant Secretary may prescribe
alternative procedures to expedite the review process or for other good
cause which may be consistent with applicable laws. The Assistant
Secretary finds that good cause exists for not publishing the
supplement to the Oregon State Plan as a proposed change and making the
Regional Administrator's approval effective upon publication for the
following reasons:
1. The standard amendments are as effective as the Federal
standards which were promulgated in accordance with Federal law,
including meeting requirements for public participation.
2. The standard amendments were adopted in accordance with the
procedural requirements of State law and further opportunity for public
comment is unnecessary in light of the non-controversial nature of the
standards.
This notice is issued pursuant to section 18 of the Occupational
Safety and Health Act of 1970, Pub. L. 91-596, 84 Stat. 6108 (29 U.S.C.
667).
Signed in Seattle, Washington, this 28th day of January, 2004.
Richard S. Terrill,
Regional Administrator.
[FR Doc. 04-4450 Filed 2-27-04; 8:45 am]
BILLING CODE 4510-26-P