[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: 29CFR1952.122]

[Page 39-40]
 
                             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 F_Washington
 
Sec. 1952.122  Level of Federal enforcement.

    (a) Pursuant to Sec. Sec. 1902.20(b)(1)(iii) and 1954.3 of this 
chapter under which an agreement has been entered into with Washington, 
effective May 30, 1975, and amended several times effective October 2, 
1979, May 29, 1981, April 3, 1987, and October 27, 1989; and based on a 
determination that Washington is operational in the issues covered by 
the Washington occupational safety and health plan, discretionary 
Federal enforcement authority under section 18(e) of the Act (29 U.S.C. 
667(e)) will not be initiated with regard to Federal occupational safety 
and health standards in issues covered under 29 CFR Parts 1910 and 1926, 
except as provided in this section. The U.S. Department of Labor will 
continue to exercise authority, among other things, with regard to:
    (1) Enforcement of new Federal standards until the State adopts a 
comparable standard;
    (2) Enforcement of all Federal standards, current and future, 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, as 
they relate to employment under the exclusive jurisdiction of the 
Federal government on the navigable waters of the United States, 
including but not limited to dry docks or graving docks, marine railways 
or similar conveyances (e.g., syncrolifts and elevator lifts), fuel 
operations, drilling platforms or rigs, dredging and pile driving, and 
diving;
    (3) Complaints and violations of the discrimination provisions of 
section 11(c) of the Act (29 U.S.C. 660(c));
    (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;
    (6) Enforcement in situations when the State is unable to exercise 
its enforcement authority fully or effectively;

[[Page 40]]

    (7) Enforcement of occupational safety and health standards within 
the borders of all military reservations;
    (8) Enforcement at establishments of employers who are federally 
recognized Indian Tribes or enrolled members of these Tribes--including 
establishments of the Yakama Indian Nation and Colville 
ConfederatedTribes, which were previously excluded by the State in 1987 
and 1989 respectively--where such establishments are located within the 
borders of Indian reservations, or on lands outside these reservations 
that are held in trust by the Federal government for these Tribes. (Non-
member private sector or State and local government employers located 
within a reservation or on Trust lands, and member employers located 
outside the territorial boundaries of a reservation or Trust lands, 
remain the responsibility of the State.);
    (9) Investigations and inspections for the purpose of evaluation of 
the Washington 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 OSHA Regional Administrator will make a prompt 
recommendation for the resumption of the 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 Washington.

[65 FR 36621, June 9, 2000, as amended at 69 FR 20829, Apr. 19, 2004]