[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1952.100]

[Page 27-28]
 
                             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. 1952.100  Description of the plan as initially approved.


    (a)(1) The plan identifies the Oregon Workmen's Compensation Board 
as the State agency designated to administer the plan. It adopts the 
definition of occupational safety and health issues expressed in Sec. 
1902.2(c)(1) of this chapter. The plan contains a standards comparison 
of existing and proposed State standards with Federal standards. All 
proposed standards except those found in Sec. Sec. 1910.13, 1910.14, 
1910.15, and 1910.16 (ship repairing, shipbuilding, ship breaking and 
longshoring) will be adopted and enforced after public hearings within 1 
year following approval of the plan.
    (2) The plan provides a description of personnel employed under a 
merit system; the coverage of employees of political subdivisions; 
procedures for the development and promulgation of standards; procedures 
for prompt and effective standards setting action for the protection of 
employees against new and unforeseen hazards; and procedures for the 
prompt restraint of imminent danger situations.
    (b)(1) The plan includes proposed draft legislation to be considered 
by the Oregon Legislature during its 1973 session amending chapter 654 
of Oregon Revised Statutes to bring it into conformity with the 
requirements of part 1902 of this chapter. Under the proposed 
legislation, the workmen's compensation board will have full authority 
to enforce and administer all laws and rules protecting employee health 
and safety in all places of employment in the State. The legislation 
further proposes to bring the State into conformity in areas such as 
variances and protection of employees from hazards.
    (2) The legislation is also intended to insure inspections in 
response to complaints; employer and employee representatives' 
opportunity to accompany inspectors and to call attention to possible 
violations before, during and after inspections; notification of

[[Page 28]]

employees or their representatives when no compliance action is taken as 
a result of alleged violations, including informal review; notification 
of employees of their protections; protection of employees against 
discharge or discrimination in terms and conditions of employment; 
adequate safeguards to protect trade secrets; provision for prompt 
notice to employers and employees of alleged violations of standards and 
abatement requirements; effective sanctions against employers for 
violations of standards and orders; employer right of review of alleged 
violations, abatement periods and proposed penalties to the workmen's 
compensation board and employee participation in review proceedings. The 
plan also proposes to develop a program to encourage voluntary 
compliance by employers and employees.
    (c) The plan includes a statement of the Governor's support for the 
legislative amendments and legal opinion that the draft legislation will 
meet the requirements of the Occupational Safety and Health Act of 1970 
and is consistent with the constitution and laws of Oregon. The plan 
sets out goals and provides a timetable for bringing it into full 
conformity with part 1902 upon enactment of the proposed legislation.
    (d) The Oregon plan includes the following documents as of the date 
of approval:
    (1) The plan description document with appendices.
    (2) Appendix G, the standards comparison.
    (3) Letter from M. Keith Wilson, Chairman, Workmen's Compensation 
Board to the Assistant Secretary, June 30, 1972, on product standards.
    (4) Letter from M. Keith Wilson to James Lake, Regional 
Administrator, June 30, 1972, clarifying employee sanction provisions.
    (5) Letter with attachments from M. Keith Wilson to the Assistant 
Secretary, September 5, 1972, clarifying several issues raised during 
the review process.
    (6) Letter from the commissioners of the workmen's compensation 
board to the Assistant Secretary, December 4, 1972, clarifying the 
remaining issues raised during the review process.
    (e) Also available for inspection and copying with the plan 
documents will be the public comments received and a transcript of the 
public hearing held September 27, 1972.

[37 FR 28630, Dec. 28, 1972. Redesignated at 52 FR 9162, Mar. 23, 1987, 
as amended at 59 FR 42495, Aug. 18, 1994]