DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Michigan State Standards; Approval

Background

Part 1953 of title 29, Code of Federal Regulations, prescribes procedures under section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667) (hereinafter called the Act) by which the Regional Administrator for the Occupational Safety and Health (hereinafter called the Regional Administrator), under delegation of authority from the Assistant Secretary of Labor for Occupational Safety and Health (hereinafter called the Assistant Secretary) (29 CFR 1953.4), 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 October 3, 1973, notice was published in the Federal Register (38 FR 27338) of the approval of the Michigan plan and the adoption of subpart T part 1952 containing the decision.

The Michigan plan provides for the adoption of Federal standards as State standards by reference. OSHA regulations (29 CFR 1953.22 and 23) require that States respond to the adoption of new or revised permanent Federal standards by State promulgation of comparable standards within six months of OSHA publication in the Federal Register, and within 30 days for emergency temporary standards. Although adopted Federal standards or revisions to standards must be submitted for OSHA review and approval under procedures set forth in part 1953, they are enforceable by the State prior to Federal review and approval.

By notice published in the Michigan Register and incorporated as part of the plan, Michigan has adopted State standards comparable to:

1. Occupational Exposure to Hazardous Chemicals in Laboratories, 29 CFR 1910.1450 as published in the Federal Register, Volume 55, No. 21 dated January 25, 1992.

2. Hazardous Waste Operations and Emergency Response, 29 CFR 1910.120 as published in the Federal Register, Volume 55, No. 72 dated April 13, 1990.

These standards were promulgated after notice was published offering an opportunity for public comments and/or requests for public hearings. These standards were adopted by reference according to the provision of Michigan Act 154 of 1974, as amended, effective January 1, 1975.

Decision

Having reviewed the State submission in comparison with Federal standards, it has been determined that the State standards are identical to comparable Federal standards.

Location of Supplement for Inspection and Copying

A copy of the standards supplement, along with the approved plan, may be inspected and copied during normal business hours at the following locations: Office of the Regional Administrator, Occupational Safety and Health Administration, 230 S. Dearborn Street, room 3244, Chicago, Illinois 60604; State of Michigan, Department of Public Health, 3423 North Logan Street, Lansing, Michigan 48909; and the Directorate of Federal-State Operations, room N3700, 200 Constitution Avenue, NW., Washington, DC 20210.

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 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 Michigan State Plan as a proposed change and makes the Regional Administrator's approval effective upon publication for the following reasons:

1. The standards are identical to the Federal standards which were promulgated in accordance with Federal law including meeting requirements for public participation.

2. The standard was adopted in accordance with the procedural requirements of State law and further participation would be unnecessary.

This decision is effective October 6, 1993.

(Sec. 18, Pub. L. 91-596, 84 Stat. 1608 (29 U.S.C. 667)

Signed at Chicago, Illinois this 9th day of August.

Michael G. Connors,
Regional Administrator.

[FR Doc. 93-24531 Filed 10-5-93; 8:45 am]