[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: 29CFR1952.105]

[Page 30-31]
 
                             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. 1952.105  Level of Federal enforcement.

    (a) Pursuant to Sec. Sec. 1902.20(b)(1)(iii) and 1954.3 of this 
chapter under which an operational status agreement has been entered 
into with Oregon, effective January 23, 1975, and as amended, effective 
December 12, 1983 and November 27, 1991; and based on a determination 
that Oregon is operational in the issues covered by the Oregon 
occupational safety and health plan, discretionary Federal enforcement 
authority under section 18(e) of the Act, 29 U.S.C. 667(c), will not be 
initiated with regard to Federal occupational safety and health 
standards in issues covered under 29 CFR parts 1910, 1926 and 1928 
except as provided in this section. The U.S. Department of Labor will 
continue to exercise authority among other things with regard to:
    (1) Complaints filed with the U.S. Department of Labor alleging 
discrimination under section 11(c) of the Act (29 U.S.C. 660(c));
    (2) Standards in the maritime issues covered by 29 CFR Parts 1915, 
1917, 1918, and 1919 (shipyards, marine terminals, longshoring, and gear 
certification), and enforcement of general industry and construction 
standards (29 CFR Parts 1910 and 1926) appropriate to hazards found in 
these employments, which have been specifically excluded from coverage 
under the plan. This includes: employment on the navigable waters of the 
U.S.; shipyard and boatyard employment on or immediately adjacent to the 
navigable waters--including floating vessels, dry docks, graving docks 
and marine railways--from the front gate of the work site to the U.S. 
statutory limits; longshoring, marine terminal and marine grain terminal 
operations, except production or manufacturing areas and their storage 
facilities; construction activities emanating from or on floating 
vessels on the navigable waters of the U.S.; commercial diving 
originating from an object afloat a navigable waterway; and all other 
private sector places of employment on or adjacent to navigable waters 
whenever the activity occurs on or from the water;
    (3) Enforcement of new Federal standards until the State adopts a 
comparable standard;
    (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;

[[Page 31]]

    (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 at all 
private sector establishments, including tribal and Indian-owned 
enterprises, on all Indian and non-Indian lands within the currently 
established boundaries of all Indian reservations, including the Warm 
Springs and Umatilla reservations, and on lands outside these 
reservations that are held in trust by the Federal government for these 
tribes. (Businesses owned by Indians or Indian tribes that conduct work 
activities outside the tribal reservation or trust lands are subject to 
the same jurisdiction as non-Indian owned businesses.);
    (8) Enforcement of occupational safety and health standards at 
worksites located within Federal military reservations, except private 
contractors working on U.S. Army Corps of Engineers dam construction 
projects, including reconstruction of docks or other appurtenances;
    (9) Investigations and inspections for the purpose of the evaluation 
of the plan under sections 18(e) and (f) of the Act (29 U.S.C. 667(e) 
and (f)); and
    (10) 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 Regional Administrator for Occupational Safety and Health 
will make a prompt recommendation for resumption of 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 the State of Oregon.

[51 FR 27024, July 29, 1986. Redesignated at 52 FR 9162, Mar. 23, 1987, 
and further redesignated at 59 FR 42495, Aug. 18, 1994; 62 FR 49909, 
Sept. 24, 1997; 65 FR 36619, June 9, 2000]