State plan submission procedures

An authorized representative of the State agency (or agencies) responsible for administering the plan must submit the plan, and they must send one copy to the appropriate Assistant Regional Director of OSHA. See 1902.10(a) and general 1902 for context.

The State plan must include supporting papers that meet the requirements of subpart B, the State occupational safety and health standards proposed for the plan, and copies of any specific or enabling State laws and regulations related to those standards. See 1902.10(a) and 1902.

• The regulation explicitly requires a copy of the State standards and any enabling laws or regulations.
• Supporting papers must conform to subpart B of 1902.

If representations depend on judicial or administrative interpretations, the State must provide citations to any pertinent judicial decisions and the full text of any pertinent administrative decisions. See 1902.10(a).

• This means including case citations and administrative rulings that explain how a State law or regulation will be applied when those interpretations are material to meeting subpart B requirements.

The Assistant Regional Director performs a preliminary examination of the plan, offers assistance if any defects are found, gives the State an opportunity to cure those defects, and then submits the plan to the Assistant Secretary after the preliminary examination and cure opportunity. See 1902.10(b).

• The process is: preliminary review → identify defects → offer assistance and chance to cure → submit to Assistant Secretary.

If the preliminary examination reveals defects, the Assistant Regional Director must offer assistance to the State agency and provide the agency an opportunity to cure those defects. See 1902.10(b).

• The regulation requires active help and a chance to correct deficiencies before forwarding the plan.

The Assistant Secretary examines the plan and supporting materials; if no cause for rejection is found the Assistant Secretary follows the procedures in 1902.11, and if cause for rejection is found the Assistant Secretary follows the procedures in 1902.17. See 1902.10(c), 1902.11, and 1902.17.

• The two possible procedural paths are approval-related (1902.11) or rejection-related (1902.17).

If the Assistant Secretary finds no cause for rejection, the Assistant Secretary follows the approval procedure described in 1902.11, as directed by 1902.10(c).

• Consult 1902.11 for the specific steps the Assistant Secretary must take when moving toward plan approval.

If the Assistant Secretary finds cause to reject the plan, the Assistant Secretary follows the procedure in 1902.17, as specified in 1902.10(c).

• See 1902.17 for the steps and remedies related to plan rejection.

No, the regulation requires that the authorized State representative submit one copy of the plan to the appropriate Assistant Regional Director. See 1902.10(a).

• If additional copies or materials are needed during review, the Assistant Regional Director will request them as part of the preliminary examination under 1902.10(b).

The Assistant Regional Director is responsible for conducting a preliminary examination and identifying defects before the plan is forwarded to the Assistant Secretary. See 1902.10(b).

• The Assistant Regional Director must also offer assistance and an opportunity to cure any defects found.

If required supporting papers are missing, the Assistant Regional Director's preliminary examination will likely identify this as a defect, and the Assistant Regional Director must offer assistance and an opportunity to cure the defect before submitting the plan to the Assistant Secretary. See 1902.10(a) and 1902.10(b).

• The regulation does not list subpart B contents here; the State should review subpart B requirements in 1902 to ensure completeness.

Yes, the State must include the State occupational safety and health standards proposed for inclusion in the plan package, along with any specific or enabling State laws and regulations related to those standards. See 1902.10(a).

• Including complete texts of the standards and related enabling statutes helps the Assistant Regional Director and Assistant Secretary evaluate the submission.

The required sequence is: the State authorized representative submits one copy of the plan to the appropriate Assistant Regional Director; the Assistant Regional Director performs a preliminary examination, offers assistance and an opportunity to cure defects, and then forwards the plan to the Assistant Secretary; the Assistant Secretary examines the plan and either proceeds under 1902.11 if there is no cause for rejection or under 1902.17 if there is cause for rejection. See 1902.10(a), 1902.10(b), and 1902.10(c).