Subpart A
The purpose of this Part is to set out how the Assistant Secretary will approve or reject State plans for developing and enforcing State occupational safety and health standards. This is stated directly in 1902.1(a) and explains that the procedures implement section 18 of the Occupational Safety and Health Act.
Federal law prevents State agencies or courts from asserting jurisdiction over an occupational safety or health issue when a Federal standard has been issued under section 6 of the Act. This preemption principle is described in 1902.1(b).
A State must submit a plan to the Assistant Secretary showing how it will develop and enforce State standards on the same issues covered by the Federal section 6 standards. That requirement is set out in 1902.1(b).
State standards and enforcement must be at least as effective in providing safe and healthful employment and places of employment as the corresponding Federal standards. This effectiveness requirement is stated in 1902.1(b).
No — the Assistant Secretary may, but is not required to, exercise Federal enforcement authority immediately after plan approval; he may wait until he determines the State is applying the section 18(c) criteria based on actual operations. That discretion is explained in 1902.1(c)(1).
The Assistant Secretary shall not make the determination that a plan is being applied according to section 18(c) for at least 3 years after initial approval. That timing requirement appears in 1902.1(c)(1)(i).
For a developmental plan approved under 1902.2(b), the Assistant Secretary will not make the determination until the State has completed the plan's specified steps to become at least as effective as the Federal program and the Assistant Secretary has had at least 1 year to evaluate actual operations, as described in 1902.1(c)(1)(ii).
The Assistant Secretary considers whether the plan is developmental or complete and the results of evaluations conducted by the Assistant Secretary when deciding how much Federal enforcement to retain. These factors are listed in 1902.1(c)(2) and its subparts 1902.1(c)(2)(i) and 1902.1(c)(2)(ii).
If the Assistant Secretary finds substantial failure in plan administration after notice and an opportunity for a hearing, he shall withdraw approval of the plan in whole or in part and the State must cease operations under the disapproved portions. That process is described in 1902.1(c)(3).
Yes — the State may retain jurisdiction over cases that began before withdrawal if the issues in those cases are unrelated to the reasons for the withdrawal. This exception is spelled out in 1902.1(c)(3).
No — a plan approval under section 18(e) does not affect the Assistant Secretary's authority to enforce Federal standards that cover issues not included in the State plan. That continuing Federal authority is stated in 1902.1(c)(4).
The policy is to encourage States to assume the fullest responsibility possible for developing and enforcing their own occupational safety and health standards, including standards on as many issues as possible. This policy is set out in 1902.1(d).
Yes — after approving a plan, the Assistant Secretary may approve one or more grants to help the State administer and enforce its program under section 23(g) of the Act, subject to instructions or procedures he issues. This authority is in 1902.1(e).
A 'developmental' plan is one approved under 1902.2(b) and typically requires the State to complete specified steps to reach full effectiveness; a 'complete' plan is approved under 1902.2(a). The distinction matters because it affects the timing and level of retained Federal enforcement, as noted in 1902.1(c)(2)(i).
No — approval alone does not automatically end Federal enforcement; the Assistant Secretary may retain enforcement until he determines the State is applying the section 18(c) criteria on the basis of actual operations. See 1902.1(c)(1).
It means the Assistant Secretary will keep and use whatever level of Federal enforcement is needed until actual State operations demonstrate the State program is at least as effective as the Federal program; the degree is determined by factors like plan type and evaluation results found in 1902.1(c)(2).
The Assistant Secretary for Occupational Safety and Health exercises plan approval authority under a delegation from the Secretary of Labor (Secretary's Order No. 12-71), as described in 1902.1(a).
Yes — grants under section 23(g) to assist States are made in accordance with appropriate instructions or procedures to be promulgated by the Assistant Secretary, as stated in 1902.1(e).
The State must be given notice and an opportunity for a hearing before the Assistant Secretary withdraws approval of a plan or part of a plan, as required in 1902.1(c)(3).
Yes — even after a State plan is approved for certain issues, the Assistant Secretary retains authority to enforce Federal standards that cover other issues not included in the State plan, as explained in 1902.1(c)(4).