[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1952.122]

[Page 38-39]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR--(CONTINUED)
 
PART 1952--APPROVED STATE PLANS FOR ENFORCEMENT OF STATE STANDARDS--Table of Contents
 
                          Subpart F--Washington
 
Sec. 1952.122  Level of Federal enforcement.

    (a) Pursuant to Secs. 1902.20(b)(1)(iii) and 1954.3 of this chapter 
under which an agreement has been entered into with Washington, 
effective May 30, 1975, and amended several times effective October 2, 
1979, May 29, 1981, April 3, 1987, and October 27, 1989; and based on a 
determination that Washington is operational in the issues covered by 
the Washington occupational safety and health plan, discretionary 
Federal enforcement authority under section 18(e) of the Act (29 U.S.C. 
667(e)) will not be initiated with regard to Federal occupational safety 
and health standards in issues covered under 29 CFR Parts 1910 and 1926, 
except as provided in this section. The U.S. Department of Labor will 
continue to exercise authority, among other things, with regard to:
    (1) Enforcement of new Federal standards until the State adopts a 
comparable standard;
    (2) Enforcement of all Federal standards, current and future, in the 
maritime issues covered by 29 CFR Parts 1915, 1917, 1918, and 1919 
(shipyards, marine terminals, longshoring, and gear

[[Page 39]]

certification), and enforcement of general industry and construction 
standards (29 CFR Parts 1910 and 1926) appropriate to hazards found in 
these employments, as they relate to employment under the exclusive 
jurisdiction of the Federal government on the navigable waters of the 
United States, including but not limited to dry docks or graving docks, 
marine railways or similar conveyances (e.g., syncrolifts and elevator 
lifts), fuel operations, drilling platforms or rigs, dredging and pile 
driving, and diving;
    (3) Complaints and violations of the discrimination provisions of 
section 11(c) of the Act (29 U.S.C. 660(c));
    (4) Enforcement in situations where the State is refused entry and 
is unable to obtain a warrant or enforce its right of entry;
    (5) Enforcement of unique and complex standards as determined by the 
Assistant Secretary;
    (6) Enforcement in situations when the State is unable to exercise 
its enforcement authority fully or effectively;
    (7) Enforcement of occupational safety and health standards within 
the borders of all military reservations;
    (8) Enforcement at establishments of employers who are enrolled 
members of the Yakima Indian Nation, where such employers' 
establishments are located within the Yakima reservation;
    (9) Enforcement at Tribally-owned establishments or at 
establishments owned by enrolled members of the Colville Confederated 
Tribes, where such establishments are located within the Colville 
reservation;
    (10) Investigations and inspections for the purpose of evaluation of 
the Washington plan under sections 18(e) and (f) of the Act (29 U.S.C. 
667(e) and (f)); and
    (11) Enforcement of occupational safety and health standards with 
regard to all Federal government employers and employees; and the U.S. 
Postal Service (USPS), including USPS employees, and contract employees 
and contractor-operated facilities engaged in USPS mail operations.
    (b) The OSHA Regional Administrator will make a prompt 
recommendation for the resumption of the exercise of Federal enforcement 
authority under section 18(e) of the Act (29 U.S.C. 667(e)) whenever, 
and to the degree, necessary to assure occupational safety and health 
protection to employees in Washington.

[65 FR 36621, June 9, 2000]