[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: 29CFR1952.104]

[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. 1952.104  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 1994 in 
response to a court order of the United States District Court for the 
District of Columbia in AFL-CIO v. Marshall, (C.A. No. 74-406), 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 Oregon State Plan for a 
period of at least one year following certification of completion of 
developmental steps. Based on an 18(e) Evaluation Report covering the 
period October 1, 2002 through September 30, 2003, and after opportunity 
for public comment, the Assistant Secretary determined that, in 
operation, Oregon's occupational safety and health program (with the 
exception of temporary labor camps in agriculture, general industry, 
construction and logging) 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, under Section 18(e) of the Act, the Oregon State Plan 
was granted final approval and concurrent Federal enforcement authority 
was relinquished for all worksites covered by the plan (with the 
exception of temporary labor camps in agriculture, general industry, 
construction and logging), effective May 12, 2005.
    (b) Except as otherwise noted, the plan which has received final 
approval covers all activities of employers and all places of employment 
in Oregon. The plan does not cover private sector establishments on 
Indian reservations and tribal trust lands, including tribal and Indian-
owned enterprises; Federal agencies; the U.S. Postal Service and its 
contractors; contractors on U.S. military reservations, except those 
working on U.S. Army Corps of Engineers dam construction projects; and 
private sector maritime employment on or adjacent to navigable waters, 
including shipyard operations and marine terminals.
    (c) Oregon 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

[[Page 31]]

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.

[70 FR 24954, May 12, 2005]