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[Federal Register Volume 89, Number 221 (Friday, November 15, 2024)]
[Notices]
[Pages 90317-90318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26535]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Utah State Plan; Change in Level of Federal Enforcement: Private-
Sector Employment on Military Bases

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

ACTION: Notice.

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SUMMARY: Federal OSHA currently has coverage over private sector 
employers at Hill Air Force Base and the Tooele Army Depot while the 
Utah State Plan covers private sector employers on all other United 
States military facilities within the State. This document gives notice 
of OSHA's approval of a change to the State of Utah's Occupational 
Safety and Health State Plan reinstating Federal OSHA enforcement 
authority over private sector employment on all United States military 
facilities and bases in Utah.

DATES: Applicability Date: November 15, 2024.

FOR FURTHER INFORMATION CONTACT: 
    For press inquiries: Mr. Frank Meilinger, Director, OSHA Office of 
Communications: telephone: (202) 693-1999; email: 
[email protected].
    For general and technical information: Douglas J. Kalinowski, 
Director, OSHA Directorate of Cooperative and State Programs: 
telephone: (202) 693-2200; email: [email protected].

SUPPLEMENTARY INFORMATION: Section 18 of the Occupational Safety and 
Health Act of 1970, 29 U.S.C. 667 (OSH Act), provides that States that 
assume responsibility for developing and enforcing their own 
occupational safety and health standards may do so by submitting and 
obtaining Federal approval of a State Plan. State Plan approval occurs 
in stages, which include initial approval under section 18(c) of the 
OSH Act and, ultimately, final approval under section 18(e), signifying 
relinquishment of Federal enforcement authority with respect to 
occupational safety and health issues covered by the State Plan.
    The Utah State Plan was initially approved under section 18(c) of 
the OSH Act on January 10, 1973 (38 FR 1178). The Utah State Plan is 
administered by the Utah Occupational Safety and Health Division (UOSH) 
of the Utah Labor Commission. On July 16, 1985, OSHA announced the 
final approval of the Utah State Plan pursuant to section 18(e) and 
amended 29 CFR part 1952 to reflect the Assistant Secretary's decision 
(50 FR 28770). As a result, Federal OSHA relinquished its enforcement 
authority regarding occupational safety and health issues covered by 
the Utah State Plan.
    The Utah State Plan covers most private sector and all State and 
local government workers. The Utah State Plan does not cover: Federal 
Government employers, including the United States Postal Service 
(USPS), contract workers and contractor-operated facilities engaged in 
USPS mail operations; maritime employment; employment at the United 
States Department of Energy's (DOE) Naval Petroleum and Oil Shale 
Reserve; all working conditions of aircraft cabin crewmembers onboard 
aircraft in operation; the enforcement of the field sanitation 
standard, 29 CFR 1928.110, and the temporary labor camps standard, 29 
CFR 1910.142, with respect to any agricultural establishment where 
workers are engaged in ``agricultural employment''--within the meaning 
of the Migrant and Seasonal Agricultural Worker Protection Act, 29 
U.S.C. 1802(3) \1\--regardless of the number of workers; and any 
hazard, industry, geographic area, operation, or facility over which 
the State is unable to effectively exercise authority for reasons not 
related to the required performance

[[Page 90318]]

or structure of the plan. In addition, Federal OSHA retains enforcement 
of the anti-retaliation provision of the Occupational Safety and Health 
Act of 1970, section 11(c), 29 U.S.C. 660(c), with respect to the 
private sector. The Utah State Plan concurrently investigates private 
sector and State and local government workplace retaliation cases under 
a provision analogous to section 11(c). The Exceptions to the Utah 
State Plan's occupational safety and health coverage are listed on 
OSHA's website at https://www.OSHA.gov/stateplans/ut.
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    \1\ This includes workers engaged in hand packing of produce 
into containers, whether done on the ground, on a moving machine, or 
in a temporary packing shed, except that the Utah State Plan retains 
authority with respect to agricultural temporary labor camps engaged 
in egg, poultry, or red meat production or the post-harvest 
processing of agricultural or horticultural commodities. The 
Department of Labor Wage and Hour Division enforces the field 
sanitation standard and temporary labor camp standard with respect 
to the operations not covered by the Utah State Plan.
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    On March 25, 2024, the Utah State Plan requested that Federal OSHA 
resume enforcement authority over all private-sector employment on 
United States military facilities and bases within the State of Utah. 
Federal OSHA already retained enforcement authority over two bases in 
the State, Hill Air Force Base and the Tooele Army Depot, which 
includes the Tooele Chemical Demilitarization Facility. The Utah State 
Plan cited access restrictions impeding timely inspections and 
investigations on military installations as the primary reason for 
requesting this change in coverage. After discussions between Federal 
OSHA and the Utah State Plan, both agencies agreed that Federal OSHA 
coverage of all private sector employers on United States military 
facilities and bases was the best solution to ensure prompt and 
effective protection of private sector workers on such military 
facilities and bases in Utah. Accordingly, notice is hereby given of 
the change in Federal enforcement authority over private sector 
employers on all United States military facilities and bases in Utah, 
and coverage is transferred from the Utah State Plan to Federal OSHA.

Authority and Signature

    Douglas L. Parker, Assistant Secretary of Labor for Occupational 
Safety and Health, U.S. Department of Labor, authorized the preparation 
of this notice. OSHA is issuing this notice 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 
58383), and 29 CFR parts 1902, 1953 and 1955.

Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-26535 Filed 11-14-24; 8:45 am]
BILLING CODE 4510-26-P
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