General policies for state plans

Under 1902.2(a) the Assistant Secretary will approve a State plan only if the plan provides for a safety and health program that meets or will meet the criteria in 1902.3 and is at least as effective as the corresponding Federal standards. See 1902.2(a) and the overview at 1902.

Under 1902.2(b) a State may submit a plan that does not fully meet the criteria so long as it includes a satisfactory developmental plan with specific actions and a time schedule to come into conformity within 3 years. See 1902.2(b).

Under 1902.2(b)(1) and 1902.2(b)(2) the developmental plan must include a copy of the proposed bill or draft legislation, a statement of the Governor's support, and a legal opinion that the legislation will meet the Act and part 1902 consistent with the State constitution and laws. See 1902.2(b)(1) and 1902.2(b)(2).

Under 1902.2(c) a State plan may cover any occupational safety and health issue for which a Federal standard under section 6 of the Act has been promulgated, as organized into industrial, occupational, or hazard groupings. See 1902.2(c) and 1902.

Under 1902.2(c)(1) an “issue” is an industrial, occupational, or hazard grouping that is at least as comprehensive as corresponding groupings in specified parts of the Federal standards, such as subpart B or R of part 1910 or other subparts. See 1902.2(c)(1) and the specific references at 1902.2(c)(1)(i) and 1902.2(c)(1)(ii).

Under 1902.2(c)(1)(i) being "as comprehensive" means the State's grouping of industries, occupations, or hazards must cover matters that are at least equivalent in scope to one or more sections within subpart B or subpart R of 29 CFR part 1910. See 1902.2(c)(1)(i).

Under 1902.2(c)(1)(ii) a State plan can align coverage by grouping issues so they are at least as comprehensive as one or more of the remaining subparts of part 1910, ensuring comparable scope and subject matter coverage. See 1902.2(c)(1)(ii).

Under 1902.2(c)(2) the State plan must describe each issue and the State standard applicable to it, and must set out reasons supported by appropriate data for any proposed variations from Federal coverage. See 1902.2(c)(2).

Under 1902.2(c)(3) a State plan generally must apply to all employers and employees in the affected grouping, but the Assistant Secretary may allow exclusions for good cause; any excluded employers or employees remain covered by Federal standards and enforcement. See 1902.2(c)(3).

Under 1902.2 the maximum period for a developmental plan to bring a State into conformity with the criteria in 1902.3 is 3 years from the commencement of the plan's operation. See 1902.2(b).

Under 1902.2(c) the Assistant Secretary may approve plans for other industrial, occupational, or hazard groupings if he finds approval is administratively practicable and the groupings do not conflict with the Act's purposes. See 1902.2(c).

Under 1902.2 a developmental plan must include dates by which intermediate and final actions will be accomplished so there is a clear schedule to meet the criteria within the allowed period. See 1902.2(b).

Under 1902.2 the Assistant Secretary bases approval on whether the State's submission gives a reasonable expectation—through specific actions, schedules, proposed legislation with Governor support, and legal opinions—that the plan will meet 1902.3 within 3 years. See 1902.2(b).

Under 1902.2(c)(3) if exclusions are not justified the Assistant Secretary may require those employers or employees be covered by Federal standards and enforcement; the State bears the burden to show good cause for any exclusion. See 1902.2(c)(3).

Under 1902.2 the Assistant Secretary will not find the State to be fully applying 1902.3 until the State completes all developmental steps and the Assistant Secretary has had at least 1 year to evaluate the plan based on actual operations. See 1902.2(c).

Under 1902.2 if, after 3 years and after notice and opportunity for a hearing, the Assistant Secretary finds the State has not substantially completed the developmental steps, the Assistant Secretary shall withdraw approval of the plan. See 1902.2(c).

Under 1902.2(b)(1) a statement of the Governor's support for any proposed legislation is required to show political commitment and to help establish a reasonable expectation the State will complete required actions within the 3‑year period. See 1902.2(b)(1).

Under 1902.2(b)(2) a legal opinion is required to show the proposed legislation will meet the Act and part 1902 in a manner consistent with the State constitution and laws, ensuring the State can lawfully implement the plan. See 1902.2(b)(2).

Under 1902.2(c)(2) a State should provide appropriate data such as industry-specific injury and illness statistics, technical analyses, stakeholder surveys, and economic or feasibility studies to support any proposed variations from Federal coverage. See 1902.2(c)(2).

Under 1902.2(c)(2) a State must describe the occupational safety and health issue(s) and the specific State standards applicable to each, mapping them to the corresponding Federal industrial, occupational, or hazard groupings and explaining any differences with supporting data. See 1902.2(c)(2).