State plan notice procedures

The State must publish its notice no later than 5 days after the Federal Register notice is published. Under 1902.11(a), when the Assistant Secretary proposes to approve a State plan the applying State agency is required to publish within the State a reasonable notice containing the same information as the Federal Register notice no later than five days after that Federal Register publication.

The notice must state that the plan has been submitted and describe its contents and any proposals, subjects, or issues involved. The regulation plainly requires that the notice indicate the submission of the plan and what it covers, including any proposals or issues to be decided, as set out in 1902.11(b).

Copies of the plan must be available at three places: the Office of the Director, Office of State Programs (OSHA), the Assistant Regional Director's office for the region where the State is located, and a State-designated office. The regulation specifies these locations in 1902.11(c) to ensure public access to the plan for inspection and copying.

Interested persons have 30 days after the Federal Register notice is published to submit written comments. The rule gives a 30-day comment period and states that after that period the written comments or copies will be available for public inspection at the same offices listed in 1902.11(c), as required by 1902.11(d).

Yes. The Assistant Secretary may, on his or her own initiative, give notice of an informal or formal hearing to allow oral comments on the plan. That authority to initiate hearings is explicitly provided in 1902.11(e).

An interested person can request an informal hearing by filing particularized written objections within 30 days after the Federal Register notice is published. If such particularized written objections are filed within the 30-day period, 1902.11(f) requires that the Assistant Secretary consider whether substantial objections have been filed and, if so, provide a formal or informal hearing under 1902.13 or 1902.14, or commence a proceeding under 1902.17.

Yes. The State notice must contain the same information as the Federal Register notice. 1902.11(a) requires the applying State agency to publish within the State reasonable notice containing the same information, and 1902.11(b) explains that the notice must indicate the submission, contents, and issues involved.

Any interested member of the public can inspect and copy the plan at the listed offices. The provision states that the plan "shall be available for inspection and copying" at the Office of the Director, Office of State Programs, the Assistant Regional Director's office, and a State-designated office, per 1902.11(c).

Written comments become available for public inspection after the 30-day comment period has ended. 1902.11(d) specifies that the written comments received or copies thereof shall thereafter be available for public inspection and copying at the same offices where the plan is available.

If the Assistant Secretary finds substantial objections, he or she must provide a formal or informal hearing under 1902.13 or 1902.14, or start a proceeding under 1902.17. That requirement is laid out in 1902.11(f).

You should send written comments to the addresses or offices specified in the notice, which will be the Office of the Director, Office of State Programs, the Assistant Regional Director's office for the State's region, and the State-designated office. The regulation requires that the notice state where the plan and comments will be available, as reflected in 1902.11(c) and the comment opportunity in 1902.11(d). Always follow the specific submission instructions listed in that notice.

The regulation requires objections that are specific and particularized, but it does not provide a detailed definition of the term; the determination whether objections are "substantial" is left to the Assistant Secretary's judgment. 1902.11(f) explains the procedural trigger: particularized written objections filed within 30 days may lead the Assistant Secretary to afford a hearing if he or she finds the objections substantial.

If the notice lacks submission instructions, follow the default locations and procedures stated in 1902.11(c) and 1902.11(d) by preparing written comments and delivering or mailing them to the Office of the Director, Office of State Programs, the Assistant Regional Director's office for the region, or the State-designated office. The notice itself is required to indicate where the plan and comments will be available, so check those offices for guidance and contact information.

You will be notified through a published notice if the Assistant Secretary schedules an informal or formal hearing, or if a hearing is set after timely particularized objections are filed. 1902.11(e) allows the Assistant Secretary to give notice of hearings on his own initiative, and 1902.11(f) explains that hearings may also result from particularized written objections filed within 30 days.

Yes—making the plan "available for inspection and copying" means the public may inspect and request copies, although the regulation does not address copying fees. 1902.11(c) requires availability for inspection and copying at specified offices, but any fees for reproduction would be handled according to the practices of the office providing the copies.

No. The regulation provides that the comments received or copies thereof shall be available for public inspection and copying after the 30-day comment period ends. That timing is specified in 1902.11(d).

If substantial objections are found, the Assistant Secretary may hold a formal or informal hearing under 1902.13 or 1902.14, or commence a proceeding under 1902.17. 1902.11(f) lists these specific actions as the responses to substantial objections.

An "interested person" refers broadly to any individual or entity interested in the plan who wishes to submit written comments or seek a hearing; the regulation does not narrowly define the term. The opportunity to submit written comments within 30 days applies to "interested persons" as stated in 1902.11(d), and those persons may file particularized objections under 1902.11(f).

The Assistant Regional Director submits the State plan under 1902.10, and if the Assistant Secretary proposes approval, the Assistant Secretary causes publication in the Federal Register and the State must publish notice as required. Section 1902.10 governs submission by an Assistant Regional Director, and 1902.11(a) requires the resulting Federal Register notice and the State's timely publication of the same information.