[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1952.102]

[Page 29-30]
 
                             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 D_Oregon
 
Sec. 1952.102  Completion of developmental steps and certification.

    (a)(1) In accordance with Sec. 1952.108(a), the Oregon Safe 
Employment Act, Senate Bill 44, amending Oregon Revised Statutes 654 and 
446 and other miscellaneous provisions, was signed by the Governor on 
July 22, 1973, and carried an effective date of July 1, 1973.
    (2) The following differences between the program described in Sec. 
1952.105(b)(1) and the program authorized by the State law are approved:
    (i) By promulgation of the appropriate regulatory provision, Rule 
46-331, and by including a mandatory consultation requirement in its 
Field Compliance Manual, Oregon provides for employee participation, 
when there is no employee representative, by requiring the inspector to 
consult with employees.
    (ii) In accordance with ORS, 654.062(3), an additional written 
request from an employee is required in order to obtain a statement of 
the reasons why no citation was issued as a result of an employee 
complaint of unsafe work conditions, which will be subject to evaluation 
in its administration.
    (iii) Section 18 of Oregon's legislation authorizes a stay of the 
abatement date by operation of law pending a final order of the Board 
for nonserious violations and for serious violations when the abatement 
date of the serious violation is specifically contested. An expedited 
hearing will be requested for serious violations when the abatement date 
is contested.
    (3) The Oregon Safe Employment Act as last amended in the 1981 
legislative session included changes renaming the designated enforcement 
agency, establishment of a director for that agency, authority for 
requiring certain employers to establish safety and health committees, 
and limiting penalties for other-than-serious violations in temporary 
labor camps. The Assistant Secretary approved the amended legislation on 
September 15, 1982.
    (b) In accordance with the requirements of 29 CFR 1952.10 the Oregon 
State Poster with assurance submitted on September 2, 1975, was approved 
by the Assistant Secretary on November 5, 1975. The State's revised 
poster which implemented the assurance was approved by the Assistant 
Secretary on September 15, 1982.
    (c) In accordance with Sec. 1952.108(d) Oregon has completed the 
training as described.
    (d) Oregon has developed and implemented a computerized Management 
Information System.
    (e) In accordance with Sec. 1952.108(f) Oregon has developed and 
implemented an Affirmative Action Plan.
    (f) In accordance with Sec. 1952.108(e) a Statement of Goals and 
Objectives has been developed by the State and was approved by the 
Assistant Secretary on June 24, 1977.
    (g) The Oregon State Compliance Manual which is modeled after the 
Federal Field Operations Manual has been developed by the State, and was 
approved by the Assistant Secretary on June 24, 1977.
    (h) In accordance with the requirements of Sec. 1952.4, Oregon 
State recordkeeping and reporting regulations adopted on June 4, 1974, 
and subsequently revised, were approved by the Assistant Secretary on 
August 28, 1980.
    (i) In accordance with Sec. 1952.108 (c) and (g), the Oregon 
Workers' Compensation Department adopted administrative regulations 
providing procedures for conduct and scheduling of inspections, 
extension of abatement dates, variances, employee complaints, posting of 
citations and notices, and voluntary compliance consultation in the 
public sector, effective July 1, 1974, with revisions incorporated in 
rules effective August 1, 1982 and August 13, 1982. These regulations 
with supplemental assurances were approved by the Assistant Secretary on 
September 15, 1982.
    (j) In accordance with Sec. 1952.108(c) the Oregon Workers' 
Compensation Board adopted rules effective December 20, 1973, governing 
practice and procedures for contested cases with revisions incorporated 
in rules effective August 2, 1982. These rules were approved by the 
Assistant Secretary on September 15, 1982.
    (k) The Oregon Workers' Compensation Department submitted rules of 
the Oregon Bureau of Labor and Industries, the agency assigned 
responsibility for

[[Page 30]]

investigation of complaints of discrimination under the Oregon Safe 
Employment Act. These regulations and rule effective June 21, 1982, and 
March 12, 1982 with supplemental assurance were approved by the 
Assistant Secretary on September 15, 1982.
    (l) In accordance with Sec. 1902.34 of this chapter, the Oregon 
occupational safety and health plan was certified effective September 
15, 1982, as having completed all developmental steps specified in the 
plan as approved on December 28, 1972, on or before December 28, 1975. 
This certification attests to structural completion, but does not render 
judgment on adequacy of performance.

[40 FR 24523, June 9, 1975, as amended at 41 FR 8955, Mar. 2, 1976; 41 
FR 23671, June 11, 1976; 42 FR 34281, July 29, 1977; 45 FR 60430, Sept. 
12, 1980; 47 FR 42104, 42106, Sept. 24, 1982. Redesignated at 52 FR 
9162, Mar. 23, 1987, and further redesignated at 59 FR 42495, Aug. 18, 
1994]