[Federal Register Volume 89, Number 4 (Friday, January 5, 2024)]
[Rules and Regulations]
[Pages 702-703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00047]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1952


California Occupational Safety and Health State Plan; Operational 
Status Agreement

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Notification of revisions to the California State Plan's 
Operational Status Agreement.

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SUMMARY: This document announces a new Operational Status Agreement 
between the Occupational Safety and Health Administration (OSHA) and 
the California State Plan, which specifies the areas of State 
responsibility and delineates continuing Federal responsibilities.

DATES: Effective January 5, 2024.

FOR FURTHER INFORMATION CONTACT: 
    For press inquiries: Francis Meilinger, OSHA Office of 
Communications; telephone: (202) 693-1999; email: 
<a href="/cdn-cgi/l/email-protection#076a626e6b6e696062752961756669646e74354763686b29606871"><span class="__cf_email__" data-cfemail="ed8088848184838a889fc38b9f8c838e849edfad898281c38a829b">[email protected]</span></a>.
    For general and technical information: Douglas J. Kalinowski, 
Director, OSHA Directorate of Cooperative and State Programs; 
telephone: (202) 693-2200; email: <a href="/cdn-cgi/l/email-protection#2e454f42474041595d4547004a415b496e4a414200494158"><span class="__cf_email__" data-cfemail="ea818b868384859d998183c48e859f8daa8e8586c48d859c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    California administers an OSHA-approved State Plan to develop and 
enforce occupational safety and health standards for public-sector and 
private-sector employers, pursuant to the provisions of Section 18 of 
the Occupational Safety and Health Act (the OSH Act), 29 U.S.C. 667. 
The California Occupational Safety and Health State Plan received 
initial Federal OSHA approval on May 1, 1973 (38 FR 10717), pursuant to 
Section 18(c) of the OSH Act (29 U.S.C. 667(c)), and the Division of 
Occupational Safety and Health of the California Department of 
Industrial Relations (DIR) was designated as the state agency 
responsible for administering the State Plan. Pursuant to Section 18(e) 
of the Act, 29 U.S.C. 667(e), as implemented by 29 CFR 1954.3, OSHA and 
California DIR entered into an initial Operational Status Agreement 
(OSA) on October 3, 1989, whereby concurrent Federal enforcement 
authority was suspended with regard to Federal occupational safety and 
health standards in issues covered by the State Plan. The 1989 OSA was 
published in the Federal Register on July 12, 1990 (55 FR 28612). 
Subsequently, on April 30, 2014, OSHA and California DIR signed a new 
OSA, which replaced the prior 1989 OSA. The new 2014 OSA was published 
in the Federal Register on June 2, 2017 (82 FR 25631).

II. Notification of New Operational Status Agreement

    On September 15, 2022, OSHA and California DIR signed a new OSA, 
which replaced the prior 2014 OSA. The new OSA remains largely the same 
as the 2014 OSA, but includes a few necessary clarifications and 
corrections, as briefly described herein. First, the 2022 OSA clarifies 
that Federal OSHA enforcement authority within U.S. military 
installations applies when the installations' borders are ``secured'' 
and access is controlled, but that California DIR continues to have 
enforcement authority over state and local government employers on such 
military installations. Second, the 2022 OSA defines the ``Federal 
enclaves'' over which Federal OSHA retains enforcement authority, and 
revises the specific list of recognized Federal enclaves to bring that 
list up to date. Third, the 2022 OSA clarifies the scope of Federal 
OSHA enforcement authority over employers operating on Native American 
Reservations or Trust lands, including that California DIR continues to 
have enforcement authority over state and local government employers 
operating on such lands and over Tribal member employers operating 
outside of such lands. Fourth, and finally, the 2022 OSA clarifies that 
the definition of ``maritime employment'' over which Federal OSHA 
maintains enforcement authority includes all afloat dredging and pile-
driving and similar operations on navigable waters, and all floating 
drilling platforms on navigable waters.
    Effective immediately, Federal OSHA and California DIR will 
exercise their respective enforcement authorities according to the 
terms of the 2022 OSA between them. As detailed in the 2022 OSA, 
Federal enforcement responsibility under the OSH Act will continue to 
be exercised with regard to: Federal Government employers, including 
the United States Postal Service (USPS), as well as contractors

[[Page 703]]

and contractor-operated facilities engaged in USPS mail operations; 
private sector employers within the secured borders of all United 
States military installations where access is controlled; private 
sector employers within the borders of Federal enclaves, including 
property where the Federal government reserved jurisdiction when the 
State of California entered the Union and where Federal properties were 
acquired from the State of California with the consent of the State 
legislature; private sector employers and Native American-owned or 
tribal workplaces within the borders of all U.S. Government recognized 
Native American Reservations or on lands held in Trust for the various 
tribes in California; and maritime employment (except marine 
construction, which the State covers on bridges, and on shore) on the 
navigable waters of the United States. Federal responsibility will also 
continue to be exercised with regard to investigation and inspection 
for the purpose of carrying out the monitoring obligations under 
Section 18(f) of the OSH Act, 29 U.S.C. 667(f), as implemented by 29 
CFR part 1954, and the enforcement of complaints filed with Federal 
OSHA under the OSH Act's whistleblower provision, Section 11(c), 29 
U.S.C. 660(c). For further information please visit https://www.osha.gov/stateplans/ca.

Authority and Signature

    Douglas L. Parker, Assistant Secretary of Labor for Occupational 
Safety and Health, U.S. Department of Labor, 200 Constitution Avenue 
NW, Washington, DC 20210, authorized the preparation of this notice. 
OSHA is issuing this notification under the authority specified by 
Section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
667), Secretary of Labor's Order No. 8-2020 (85 FR 58393 (Sept. 18, 
2020)), and 29 CFR parts 1902 and 1953.

    Signed in Washington, DC.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-00047 Filed 1-4-24; 8:45 am]
BILLING CODE 4510-26-P


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