HIOSHA Takes Back Manufacturing in Revised Agreement with OSHA
In a final rule, OSHA has announced revisions to the Operational Status Agreement between itself and the Hawaii state plan (HIOSH) specifying respective areas of federal and state authority, under which Hawaii will reassume coverage ceded to federal OSHA under a previous agreement in 2012. Hawaii will resume responsibility over manufacturing (NAICS 31 through 33) except refineries (NAICS 324) and any other private sector facilities that include processes covered by the Process Safety Management standard (29 CFR 1910.119). The changes are effective February 14, 2014. According to OSHA, Hawaii’s Department of Labor and Industrial Relations has taken the initial steps in rebuilding the capacity of HIOSH, is committed to redeveloping the state plan, has increased its staff recruitment to reach its staffing benchmark, and has increased its inspection activity by 148% over the prior fiscal year.
Under the 2012 agreement, federal OSHA retained coverage over all federal employees and sites, private sector maritime activities, private sector employees within the secured borders of all military installations where access is controlled, and US Postal Service including contract workers and contractor operated facilities, and assumed coverage over agriculture and most of general industry including facilities that include processes covered by the Process Safety Management standard as well as provisions of general industry and construction standards appropriate to hazards found in that employment. Hawaii retained coverage over the construction industry, transportation and warehousing, and state and local government as an employer. All terms of the 2012 OSA remain in effect, except that HIOSHA will resume responsibility over Manufacturing (NAICS 31 through 33) except Refineries (NAICS 324) and any other private sector facilities that include processes covered by the Process Safety Management standard (29 CFR 1910.119). Federal OSHA will also enforce provisions of the Act and of the general industry and construction standards appropriate to hazards found in facilities with processes that are covered by the Process Safety Management standard. Further, the revised OSA provides a mechanism for the most-available agency to respond to life-threatening situations on neighbor islands. Electronic copies of the agreement are available at: http://www.osha.gov/dcsp/osp/stateprogs/hawaii.html.