DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Puerto Rico State Standards; Notice of Approval

1. Background

Part 1953 of Title 29, Code of Federal Regulations prescribes procedures under section 18 of the Occupational Safety and Health of 1970 (hereinafter called the Act) by which the Regional Administrator for Occupational Safety and Health (hereinafter called the Regional Administrator) under a 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 August 30, 1977, notice was published in the Federal Register (42 FR 43628) of the approval of the Puerto Rico plan and the adoption of Subpart FF to Part 1952 containing the decision.

The Puerto Rico plan provides for the adoption of Federal Standards as State standards by reference. Section 29 CFR 1953.20 provides that "where any alteration in the Federal program could have an adverse impact on the `at least effective as' status of the State program, a program change supplement to State plan shall be required." In response to Federal Standards changes, the State has submitted by letter dated May 28, 1992, from Artemio Andujar-Pabon, then Acting Assistant Secretary for the Puerto Rico Occupational Safety and Health Office, to James W. Stanley, Regional Administrator, standards comparable to, and incorporated as part of the state plan, Occupational Exposure to Bloodborne Pathogens; Final Rule, 29 CFR 1910, as published in the Federal Register (Volume 56 FR 64004-64182) of December 6, 1991.

By letter dated December 15, 1993 from Walter M. Valdes-Roldan, then Assistant Secretary for the Puerto Rico Occupational Safety and Health Office, to James W. Stanley, former Regional Administrator, standards comparable to, and incorporated as part of the state plan, Occupational Exposure to Lead, 29 CFR 1910, as published in the Federal Register (Volume 55 FR 4998-4999) of February 13, 1990; Occupational Exposure to Hazardous Chemicals in Laboratories, 29 CFR 1910, as published in the Federal Register (Volume 55 FR 7967) of March 6, 1990; Occupational Exposure to Formaldehyde, final rule, 29 CFR 1910, as published in the Federal Register (Volume 57 FR 22290-22328) of March 27, 1992; Occupational Exposure to Formaldehyde, Corrections, 29 CFR 1910, as published in the Federal Register (Volume 57 FR 24701) of June 10, 1992; Permit-Required Confined Spaces, 29 CFR 1910, as published in the Federal Register (Volume 58 FR 4462-4563) of January 14, 1993; Process Safety Management of Highly Hazardous Chemicals, Explosives, and Blasting Agents, final rule, 29 CFR 1910, as published in the Federal Register (Volume 57 FR 6336-6417) of February 24, 1991; Process Safety Management of Highly Hazardous Chemicals, Explosives and Blasting Agents, Corrections, 29 CFR 1910, as published in the Federal Register (Volume 57 FR 7847) of March 4, 1992; Occupational Exposure to Asbestos, 29 CFR 1926, as published in the Federal Register (Volume 55 FR 3724-3732) of February 5, 1990; Safety Standards for Stairways and Ladders used in Construction Industry, Correction, 29 CFR 1926, as published in the Federal Register (Volume 56 FR 2585 and Volume 56 FR 5061) of January 23, 1991 and February 7, 1991; Occupational Exposure to Asbestos, Tremolite, Antrophyllite and Actinolite; final rule, 29 CFR 1910 and 1926, as published in the Federal Register (Volume 57 FR 24310-24330) of June 8, 1992.

By letter dated March 15, 1994 from Walter M. Valdes-Roldan, then Assistant Secretary for the Puerto Rico Occupational Safety and Health Office, to Patricia K. Clark, OSHA Regional Administrator, standards comparable to, and incorporated as part of the state plan, Occupational Exposure to Cadmium (CD), Approval of Information Collection Requirements, 29 CFR 1926, as published in the Federal Register (Volume 57 FR 49272) of October 30, 1992; Occupational Exposure to Cadmium, Corrections, 29 CFR 1926, as published in the Federal Register (Volume 58 FR 21778-21850) of April 23, 1993; Occupational Exposure to Lead in Construction, Approval of Information Collection Requirements, 29 CFR 1926, as published in the Federal Register (58 FR 34218) of June 24, 1993; and Incorporation of General Industry Safety and Health Standards Applicable to Construction Work, final rule and technical amendments, 29 CFR 1926, as published in the Federal Register (58 FR 35076-35311) of June 30, 1993; and Incorporation of General Industry Safety and Health Standards Applicable to Construction Work, Corrections, 29 CFR 1926, as published in the Federal Register (Volume 58 FR 40468) of July 28, 1993.

By letter dated May 20, 1994 from Walter M. Valdes-Roldan, then Assistant Secretary for the Puerto Rico Occupational Safety and Health Office, to Jose A. Carpena, OSHA Puerto Rico Area Director, standards comparable to, and incorporated as part of the state plan, Air Contaminants, Corrections, 29 CFR 1910, as published in the Federal Register (Volume 57 FR 29204-29206) of July 1, 1992; Occupational Exposure to Bloodborne Pathogens, Corrections, 29 CFR 1910, as published in the Federal Register (Volume 57 FR 29206) of July 1, 1992; Control of Hazardous Energy Sources (Lockout/Tagout), final rule, 29 CFR 1910, as published in the Federal Register (Volume 58 FR 16612-16623) of March 30, 1993; and Occupational Exposure to Cadmium, Correction, 29 CFR 1910 and 1915, as published in the Federal Register (Volume 58 FR 21778-21850) of April 23, 1993; Occupational Exposure to Cadmium, final rule, 29 CFR 1926, as published in the Federal Register (Volume 57 FR 42102-42463) of September 14, 1992.

By letter dated June 13, 1994 from Walter M. Valdes-Roldan, then Assistant Secretary for the Puerto Rico Occupational Safety and Health Office, to Jose A. Carpena, OSHA Puerto Rico Area Director, standards comparable to, and incorporated as part of the state plan, Welding, Cutting and Brazing, final rule, 29 CFR 1910, as published in the Federal Register (Volume 59 FR 25093-25094) of June 20, 1990; Access to Employee Exposure and Medical Records, Clarification, 29 CFR 1910, as published in the Federal Register (Volume 55 FR 26431-26432) of June 28, 1990; Air Contaminants, 29 CFR 1910, as published in the Federal Register (Volume 55 FR 52840-52841) of December 24, 1990; Occupational Exposure to Lead, as published in the Federal Register (Volume 56 FR 24686) of May 31, 1991; Lead Exposure in Construction; Interim final rule, 29 CFR 1926, as published in the Federal Register (Volume 58 FR 26590-26649) of May 4, 1993; Incorporation of General Industry Safety and Health Standards Applicable to Shipyard Employment, 29 CFR 1915, as published in the Federal Register (Volume 58 FR 35512-35718) of July 1, 1993.

By letter dated August 23, 1994 from Walter M. Valdes-Roldan, then Assistant Secretary for the Puerto Rico Occupational Safety and Health Office, to Jose A. Carpena, OSHA Puerto Rico Area Director, standards comparable to, and incorporated as part of the state plan, Hazard Communication, final rule, 29 CFR 1910, 1915, 1917 and 1926, as published in the Federal Register (Volume 59 FR 6126-6184) of February 9, 1994; Standard for Cadmium in Shipyard Employment and Construction Work: Reprint with Corrections and Technical Amendments, final rule, 29 CFR 1915, and 1926, as published in the Federal Register (Volume 59 FR 146-215) of January 3, 1994.

By letter dated December 5, 1994 from Juan Morale-Ruiz, then Acting Assistant Secretary for the Puerto Rico Occupational Safety and Health Office, to Jose A. Carpena, OSHA Puerto Rico Area Director, standards comparable to, and incorporated as part of the state plan, Personal Protective Equipment for General Industry, final rule, 29 CFR 1910, as published in the Federal Register (Volume 59 FR 16334-16364) of April 6, 1994; and Electric Power Generation, Transmission and Distribution, Electrical Protective Equipment, final rule, 29 CFR 1910, as published in the Federal Register (Volume 59 FR 4320-4476) of January 31, 1994.

By letter dated January 27, 1995 from Ameedee Emmanuelli, then Assistant Secretary for the Puerto Rico Occupational Safety and Health Office, to Jose A. Carpena, OSHA Puerto Rico Area Director, standards comparable to, and incorporated as part of the state plan, Reporting Fatalities or Multiple Hospitalization Incidents, 29 CFR 1904, as published in the Federal Register (Volume 59 FR 15594-15600) of April 1, 1994; Electric Power Generation, Transmission and Distribution, Electrical Protective Equipment, final rule, Stay of Enforcement and Correction, 29 CFR 1910, as published in the Federal Register (Volume 59 FR 33658-33664) of June 30, 1994 and Occupational Exposure to Asbestos, final rule, 29 CFR 1910, 1915 and 1926, as published in the Federal Register (Volume 59 FR 40964-41158) of August 30, 1994; Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment, final rule, 29 CFR 1915, as published in the Federal Register (Volume 59 FR 37816-37863) of August 30, 1994.

By letter dated May 3, 1995 from Ameedee Emmanuelli, then Assistant Secretary for the Puerto Rico Occupational Safety and Health Office, to Jose A. Carpena, OSHA Puerto Rico Area Director, standards comparable to, and incorporated as part of the state plan, Personal Protective Equipment for General Industry, final rule, Corrections, 29 CFR 1910, as published in the Federal Register (Volume 59 FR 33910-33911) of July 1, 1994; Retention of DOT Markings, Placards and Labels, 29 CFR 1910, 1915, 1917, 1918, 1926 and 1928, as published in the Federal Register (Volume 59 FR 36695-36700) of July 19, 1994; and Safety Standards for Fall Protection in the Construction Industry, 29 CFR 1926, as published in the Federal Register (Volume 59 FR 40672-40753) of August 9, 1994.

By letter dated November 3, 1995 from Luis E. Kolb-Ortiz, Acting Assistant Secretary for the Puerto Rico Occupational Safety and Health Office, to Jose A. Carpena, OSHA Puerto Rico Area Director, standards comparable to, and incorporated as part of the state plan, Hazardous Waste Operations and Emergency Response, final rule, 29 CFR 1910 and 1926, as published in the Federal Register (Volume 59 FR 43268-43280) of August 22, 1994; Logging Operations, final rule, 29 CFR 1910, and 1926, as published in the Federal Register (Volume 59 FR 51672-51748) of October 12, 1994; Logging Operations, final rule, Partial Stay of Enforcement, 29 CFR 1910, as published in the Federal Register (Volume 60 FR 7447-7449) as of February 8, 1995; and Permit-Required Confined Spaces, final rule, Technical Amendment to Preamble, 29 CFR 1910, as published in Federal Register (Volume 59 FR 55208-55209) of November 4, 1994.

By letter dated January 16, 1996 from Luis E. Kolb-Ortiz, Acting Assistant Secretary for the Puerto Rico Occupational Safety and Health Office, to Jose A. Carpena, OSHA Puerto Rico Area Director, standards comparable to, and incorporated as part of the state plan, Occupational Exposure to Asbestos, Corrections, 29 CFR 1910, 1915, and 1926, as published in the Federal Register (Volume 60 FR 11194) of March 1, 1995; Safety Standards for Fall Protection in the Construction Industry, final rule, 29 CFR 1926, as published in the Federal Register (Volume 60 FR 5131-5132) of January 26, 1995; Occupational Exposure to Asbestos, final rule, Extension of Start-Up Dates, 29 CFR 1915, as published in the Federal Register (Volume 60 FR 9624-9626) of February 21, 1995; Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment, 29 CFR 1915, as published in the Federal Register (Volume 60 FR 14218-14220) of March 16, 1995.

By letter dated March 21, 1996 from Luis E. Kolb-Ortiz, Acting Assistant Secretary for the Puerto Rico Occupational Safety and Health Office, to Jose A. Carpena, OSHA Puerto Rico Area Director, standards comparable to, and incorporated as part of the state plan, Occupational Exposure to Asbestos, final rule, Extension of Start-Up dates, 29 CFR 1910, 1915 and 1926, as published in the Federal Register (Volume 60 FR 33343-33346) of June 28, 1995; Occupational Exposure to Asbestos, Corrections, final rule, 29 CFR 1910, 1915 and 1926, as published in the Federal Register (Volume 60 FR 33974-34002) of June 29, 1995; Safety standards for Fall Protection in the Construction Industry, final rule, 29 CFR 1926, as published in the Federal Register (Volume 60 FR 39254-39256) of August 2, 1995; Permit-Required Confined Spaces, 29 CFR 1910, as published in the Federal Register (Volume 60 FR 26114-26116) of May 19, 1995; Occupational Exposure to Asbestos, 29 CFR 1910 and 1926, as published in the Federal Register (Volume 55 FR 3724-3732) of February 5, 1990; and Safety Standards for Stairways and Ladders used in Construction Industry, Correction, 29 CFR 1926, as published in the Federal Register (Volume 56 FR 2585 and Volume 56 FR 5061) of January 23, 1991 and February 7, 1991.

By letter dated May 28, 1996 from Luis E. Kolb-Ortiz, Acting Assistant Secretary for the Puerto Rico Occupational Safety and Health Office, to Jose A. Carpena, OSHA Puerto Rico Area Director, standards comparable, and incorporated as part of the state plan, Occupational Exposure to Lead, final rule, Amendments, 29 CFR 1910, as published in the Federal Register (Volume 60 FR 52856-52859) of October 11, 1995; Occupational Standards to Asbestos in Construction, final rule, Amendments, 29 CFR 1926, as published in the Federal Register (Volume 60 FR 50411-50413) of September 29, 1995; and Occupational Standards to Asbestos in Maritime, Amendments, final rule, 29 CFR 1915, as published in the Federal Register (Volume 60 FR 50411-50413) of September 29, 1995.

These standards which are contained in the Puerto Rico Regulations, Number Two (equivalent to 1904), Number Four (equivalent to 29 CFR 1910), Number Ten (equivalent to 29 CFR 1926), Number Eleven (equivalent to 29 CFR 1928) and Number 12 (equivalent to 29 CFR 1915, 1916, 1917, 1918) , were promulgated by resolutions adopted by the Puerto Rico Department of Labor and Human Resources on December 16, 1991, August 25, 1992, May 26, 1992, October 6, 1992, April 14, 1993, September 30, 1993, December 9, 1993, March 23, 1994, June 21, 1994, September 29, 1994, January 18, 1995, May 30, 1995, November 13, 1995, December 13, 1995, February 21, 1996 and February 28, 1996, pursuant to the Puerto Rico Act Number 16 and Chapter 52 of the Puerto Rico Rules and Regulations Act of 1958.

2. Decision

OSHA has determined that the State's standards are identical to the comparable Federal standards, and therefore approves the standards.

3. Location of supplement for inspection and copying

A copy of the standard supplement, along with the approved plan, in english and spanish may be inspected and copied during normal business hours at the following locations: Occupational Safety and Health Administration, Puerto Rico Area Office, BBV Plaza, Suite 5-B, 1510 F.D. Roosevelt Avenue, Guaynabo, Puerto Rico, 00968; Puerto Rico Department of Labor and Human Resources, Prudencio Rivera Martinez Bldg., Munoz Rivera Avenue 505, Hato Rey, Puerto Rico 00918; and the Directorate of Federal-State Operations, Room N3700, 200 Constitution Avenue, N.W., Washington, D.C. 20210. For electronic copies of this Federal Register notice, contact OSHA's Web Page at http://www.osha.gov/.

4. Public Participation

Under 29 CFR 1953.2 (c), 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 Puerto Rico State Plan as a proposed change and making 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 meeting requirements for public participation.

2. The standards were adopted in accordance with the procedural requirement of State Law and further participation would be unnecessary.

The decision is effective (§ 18 Pub. L. 91-596, 84 Stat. 1608 (29 U.S.C. 667)) April 16, 1997.

Signed at New York City, New York, this 16th day of April 1997.

Patricia K. Clark,
Regional Administrator.

[FR Doc. 97-12085 Filed 5-8-97; 8:45 am)