[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: 29CFR1952.154]

[Page 44-45]
 
                             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 I--North Carolina
 
Sec. 1952.154  Final approval determination.

    (a) In accordance with section 18(e) of the Act and procedures in 29 
CFR part 1902, and after determination that the State met the ``fully 
effective'' compliance staffing benchmarks as revised in 1984 and 1996 
in response to a court order in AFL-CIO v. Marshall, 570 F.2d 1030 (D.C. 
Cir. 1978), and was satisfactorily providing reports to OSHA through 
participation in the Federal-State Integrated Management Information 
System, the Assistant Secretary evaluated actual operations under the 
North Carolina State plan for a period of at least one year following 
certification of completion of developmental steps (41 FR 43896). Based 
on the Biennial Evaluation Report covering the period of October 1, 
1993, through September 30, 1995, an 18(e) Evaluation Report covering 
the period October 1, 1995, through June 30, 1996, and after opportunity 
for public comment, the Assistant Secretary determined that in operation 
the State of North Carolina's occupational safety and health program is 
at least as effective as the Federal program in providing safe and 
healthful employment and places of employment and meets the criteria for 
final State plan approval in section 18(e) of the Act and implementing 
regulations at 29 CFR part 1902. Accordingly, the North Carolina plan 
was granted final approval and concurrent Federal enforcement authority 
was relinquished under section 18(e) of the Act effective December 10, 
1996.
    (b) Except as otherwise noted, the plan which has received final 
approval covers all activities of employers and all places of employment 
in North Carolina. The plan does not cover Federal government employers 
and employees; the U.S. Postal Service (USPS), including USPS employees,

[[Page 45]]

and contract employees and contractor-operated facilities engaged in 
USPS mail operations; the American National Red Cross; private sector 
maritime activities; employment on Indian reservations; enforcement 
relating to any contractors or subcontractors on any Federal 
establishment where the land has been ceded to the Federal Government; 
railroad employment; and enforcement on military bases.
    (c) North Carolina is required to maintain a State program which is 
at least as effective as operations under the Federal program; to submit 
plan supplements in accordance with 29 CFR part 1953; to allocate 
sufficient safety and health enforcement staff to meet the benchmarks 
for State staffing established by the U.S. Department of Labor, or any 
revisions to those benchmarks; and, to furnish such reports in such form 
as the Assistant Secretary may from time to time require.

[61 FR 66601, Dec. 18, 1996, as amended at 65 FR 36621, June 9, 2000; 65 
FR 62612, Oct. 19, 2000]