
[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Notices]
[Page 47772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22175]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2017-0010]


Nevada 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.

-----------------------------------------------------------------------

SUMMARY: This document gives notice of OSHA's approval of a change to 
the state of Nevada's Occupational Safety and Health State Plan 
reinstating federal OSHA enforcement authority over private-sector 
employment on military facilities and bases in Nevada. The Nevada State 
Plan currently has coverage over some private-sector contractors on 
military bases. Therefore, OSHA amends the Nevada State Plan's coverage 
to reflect this change in the level of federal enforcement.

DATES: Applicable Date: October 13, 2017.

FOR FURTHER INFORMATION CONTACT: For press inquiries: Francis 
Meilinger, Director, OSHA Office of Communications: 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: 
Telephone: (202) 693-2200; email: kalinowski.doug@dol.gov.

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).
    The Nevada State Plan was initially approved under Section 18(c) of 
the OSH Act on January 4, 1974 (39 FR 1009). The Nevada State Plan is 
administered by the Department of Business and Industry, Division of 
Industrial Relations, Nevada Occupational Safety and Health 
Administration (Nevada OSHA). On April 18, 2000, OSHA announced the 
final approval of the Nevada State Plan pursuant to section 18(e) and 
amended 29 CFR part 1952 to reflect the Assistant Secretary's decision 
(65 FR 20742). As a result, federal OSHA relinquished its enforcement 
authority with regard to occupational safety and health issues covered 
by the Nevada State Plan.
    Federal OSHA retained its authority over safety and health in the 
private sector over maritime employment; contract workers, and 
contractor-operated facilities engaged in U.S. Postal Service mail 
operations; contractors and subcontractors on land under exclusive 
federal jurisdiction; employment on Indian Land; and any hazard, 
industry, geographical area, operation, or facility over which the 
state is unable to effectively exercise jurisdiction for reasons not 
related to the required performance or structure of the plan.
    To establish military facilities, the Federal Government may 
privately purchase or lease land, as any other entity would, and in 
those cases a State Plan can cover private-sector occupational safety 
and health on such land. In other cases, the Federal Government may ask 
a State to cede the land to the Federal Government, in which case the 
latter obtains jurisdiction over it; however, a State may retain some 
jurisdiction. Thus, the determination whether the State Plan or federal 
OSHA covers private-sector employers on military facilities can be 
complicated. For example, military facilities in Nevada sometimes 
encompass both land where jurisdiction has been ceded and land 
privately owned by the Federal Government (though federal OSHA covers 
all federal civilian employees on military facilities). This situation 
has created confusion as to whether federal OSHA or the Nevada State 
Plan covers private-sector employers on a military facility, and is a 
resource-intensive inquiry. Thus, the Nevada State Plan requested on 
December 14, 2016, that federal OSHA resume enforcement authority over 
all private-sector employment on military facilities and bases. After 
discussions between federal OSHA and Nevada OSHA, both agencies agreed 
that federal coverage of all private-sector contractors on military 
bases was the best solution to ensure prompt and effective protection 
to workers on military bases in Nevada.
    Accordingly, notice is hereby given of the change in federal 
enforcement authority over private-sector contractors on military bases 
in Nevada, and coverage is transferred from the Nevada State Plan to 
federal OSHA.

Authority and Signature

    Loren Sweatt, Deputy 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. 1-2012 (77 FR 
3912), and 29 CFR parts 1902, 1953 and 1955.

    Signed in Washington, DC, on October 3, 2017.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-22175 Filed 10-12-17; 8:45 am]
 BILLING CODE 4510-26-P


