[Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)]
[Notices]
[Page 58450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26676]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2017-0011]


Minnesota State Plan; Changes in Level of Federal Enforcement: 
Employment on Indian Reservations and Twin Cities Army Ammunition 
Plant, and Coverage Clarifications

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

ACTION: Notice.

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SUMMARY: This document gives notice of OSHA's approval of changes to 
the State of Minnesota's Occupational Safety and Health State Plan that 
specify that non-Indian private- sector employment within an Indian 
reservation or on lands held in trust by the Federal Government, and 
employment on land formerly occupied by the Twin Cities Army Ammunition 
Plant, are included in its State Plan, and that make other minor 
coverage clarifications.

DATES: Applicable Date: December 12, 2017.

FOR FURTHER INFORMATION CONTACT:  For press inquiries, contact Francis 
Meilinger, Director, OSHA Office of Communications, U.S. Department of 
Labor; telephone: (202) 693-1999; email: [email protected].
    For general and technical information, contact Douglas J. 
Kalinowski, Director, OSHA Directorate of Cooperative and State 
Programs, U.S. Department of Labor; 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 
wish to 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 that include initial approval under Section 18(c) of the Act 
and, ultimately, final approval under Section 18(e).
    The Minnesota State Plan was initially approved under Section 18(b) 
of the OSHA Act. 38 FR 15077 (June 8, 1973). The State Plan later 
received final approval. 50 FR 30832 (July 30, 1985). The Minnesota 
State Plan is administered by the Minnesota Department of Labor and 
Industry, Minnesota Occupational Safety and Health Administration 
(MNOSHA). Under the Plan, MNOSHA covers state and local government 
employers and private-sector employers with certain exceptions. 
Originally, one of the exceptions was employment at the Twin Cities 
Army Ammunition Plant, which Federal OSHA covered because the United 
States had exclusive federal jurisdiction over the site. 50 FR 30832 
(July 30, 1985). Later, another exception was added for tribal and 
private-sector employment within any Indian reservation in the State, 
which Federal OSHA also covered. 61 FR 36824 (July 15, 1996).
    With the decommissioning and removal of the Twin Cities Army 
Ammunition Plant, MNOSHA requested that the exception to the State 
Plan's coverage for the plant be eliminated. The land on which the 
plant stood was transferred to the county and as such, private-sector 
employment on this land would fall under the State Plan's area of 
coverage. However, Federal OSHA continues to cover employment on land 
adjacent to the land transferred to the county because that adjacent 
land continues to be under exclusive federal jurisdiction. Federal OSHA 
granted this request.
    MNOSHA also requested that the exception to the State Plan for 
tribal and private-sector employment on Indian reservations and lands 
held in trust by the Federal Government be changed so that MNOSHA could 
cover non-Indian private-sector employment in these areas. Federal OSHA 
continues to cover establishments owned or operated by Indian tribes or 
by enrolled members of Indian tribes. This approach to coverage is 
consistent with case law on federal and state authority over Indian 
lands. Federal OSHA granted this request.
    These changes are reflected on the Federal OSHA web page for 
MNOSHA, http://www.osha.gov/dcsp/osp/stateprogs/minnesota.html. In 
addition, that web page was updated to include two longstanding 
coverage features of the Minnesota State Plan which are also common to 
other State Plans. 50 FR 30832 (July 30, 1985). Federal OSHA covers any 
hazard, industry, geographical area, operation or facility over which 
the State is unable to effectively exercise jurisdiction for reasons 
unrelated to the required performance or structure of the plan. Federal 
OSHA also covers Federal Government employers. Additionally, Federal 
OSHA covers the United States Postal Service (USPS). 65 FR 36622 (June 
9, 2000).

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 and 1953.

    Signed in Washington, DC, on December 1, 2017.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-26676 Filed 12-11-17; 8:45 am]
 BILLING CODE 4510-26-P


