[Federal Register Volume 84, Number 144 (Friday, July 26, 2019)]
[Rules and Regulations]
[Pages 35989-35990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15850]


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DEPARTMENT OF LABOR

29 CFR Part 1952

Occupational Safety and Health Administration

[Docket ID. OSHA 2014-0019]
RIN 1218-AC92


Arizona State Plan for Occupational Safety and Health

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Reconsideration of final approval of state plan; withdrawal.

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SUMMARY: OSHA is withdrawing its proposed reconsideration of the 
Arizona State Plan's final approval status.

DATES: July 26, 2019.

FOR FURTHER INFORMATION CONTACT: 
    For press inquiries: Francis Meilinger, OSHA Office of 
Communications, U.S. Department of Labor, Washington, DC 20210; 
telephone (202) 693-1999; email: meilinger.francis2@dol.gov.
    For general and technical information: Douglas J. Kalinowski, 
Director, OSHA Directorate of Cooperative and State Programs, U.S. 
Department of Labor, Washington, DC 20210; telephone: (202) 693-2200; 
email: kalinowski.doug@dol.gov.

SUPPLEMENTARY INFORMATION: On August 21, 2014, OSHA published a Federal 
Register document proposing to reject Arizona's residential 
construction fall

[[Page 35990]]

protection statute enacted by Arizona's state legislature (formerly 
published as Arizona Revised Statute (A.R.S.) 23-492), and to 
reconsider the Arizona State Plan's final approval pursuant to 29 CFR 
1953.6(e) and 29 CFR 1902.47 (79 FR 49465). OSHA based that proposal on 
a finding that Arizona's requirements for residential construction fall 
protection were not at least as effective as OSHA's federal standard, 
as required by the Occupational Safety and Health Act (29 U.S.C. 
667(c)(2)).
    On February 6, 2015, OSHA published a Federal Register document 
responding to comments received in response to its proposed rejection 
document, and announcing OSHA's final decision to reject the Arizona 
State Plan's residential construction fall protection statute (80 FR 
6652). However, SB 1307 included a conditional repeal provision. Under 
this provision, if OSHA rejected the state statute and published that 
decision in the Federal Register pursuant to 29 CFR 1902.23, then 
A.R.S. 23-492 would be repealed by operation of law (SB 1307 Sec. 7). 
In response to this provision, OSHA deferred its decision on the 
simultaneously proposed action of reconsidering the State Plan's final 
approval, to allow for Arizona's repeal of the rejected statute to take 
effect, and to allow for Arizona's subsequent enforcement of a standard 
at least as effective as OSHA's standard.
    Since that time, Arizona has adopted OSHA's residential 
construction fall protection standard, 29 CFR part 1926, subpart M. 
Federal OSHA has monitored this issue closely and finds that Arizona 
has also successfully implemented this standard. Accordingly, OSHA is 
withdrawing its proposal to reconsider the Arizona State Plan's final 
approval status.

Authority and Signature

    Loren Sweatt, Acting Assistant Secretary of Labor for Occupational 
Safety and Health, directed the preparation of this document under the 
following authorities: Section 18 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 667), Secretary of Labor's Order No. 1-2012 (77 
FR 3912), and 29 CFR parts 1902 and 1953.

    Signed in Washington, DC, on July 17, 2019.
Loren Sweatt,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2019-15850 Filed 7-25-19; 8:45 am]
BILLING CODE 4510-26-P


