Subpart B
A State plan must explicitly designate one or more State agencies that are responsible for administering the plan statewide. The plan must describe the authority and responsibilities of the designated agency or agencies and assure that other duties will not significantly reduce the resources and priorities assigned to administering the plan. See Designation requirement in 1902.3(b).
Yes. A State plan must include or provide for standards that are at least as effective as the standards promulgated under section 6 of the OSH Act, and must assure it will continue to develop or adopt standards that meet that test. The Assistant Secretary will measure a State plan’s approvability against indices and procedures described in 1902.4(b) and by the requirement in 1902.3(c)(1).
Generally no; a State plan shall not include standards for products distributed or used in interstate commerce that differ from Federal standards unless required by compelling local conditions and the different standards do not unduly burden interstate commerce. See 1902.3(c)(2).
The State plan must provide a program for enforcing State standards that is at least as effective as the enforcement provided under the OSH Act. The plan must also include assurances the State’s enforcement program will remain at least as effective as the Federal program. See 1902.3(d)(1) and consult the indices in 1902.4(c) that the Assistant Secretary uses to evaluate effectiveness.
Employers and employees covered by the plan must comply: employers are required to comply with all applicable State occupational safety and health standards and rules issued under the plan, and employees must comply with standards, rules, and orders applicable to their conduct. See 1902.3(d)(2).
The State plan must assure that inspectors have a right to enter and inspect covered workplaces that is at least as effective as the right provided in section 8 of the Act, and when entry or inspection is refused the State agency must have authority to compel entry through appropriate legal process. See 1902.3(e).
No; the State plan must contain a prohibition against advance notice of inspections unless an exception is expressly authorized by the head of the designated agency or designee and is no broader than exceptions allowed under the Act and the rules in part [1903]. See 1902.3(f) and the related rulemaking authority in 29 CFR part 1903.
The State plan must provide satisfactory assurances that the designated agency or agencies have, or will have, the legal authority necessary to enforce the plan’s standards. This includes authority to conduct inspections, issue orders, and compel compliance as required by the plan. See 1902.3(g).
The State plan must assure that the designated agency or agencies have a sufficient number of adequately trained and qualified personnel necessary to enforce the standards; qualified personnel must be employed on a merit basis and include those involved in standards development and program administration. See 1902.3(h).
A State plan must provide satisfactory assurances—using budget details, organizational descriptions, or other means—that it will devote adequate funds to administer and enforce the program; the Assistant Secretary will make periodic evaluations of resource adequacy. See 1902.3(i).
Employers covered by the State plan must maintain records and make reports to the Assistant Secretary in the same manner and to the same extent as if the Federal plan were in effect. That means State-plan employers follow the same recordkeeping and reporting obligations required under Federal rules. See 1902.3(j). For guidance about what types of employee exposure and medical record notifications are required, see OSHA’s interpretation on employee exposure records notification.
State agencies must make reasonable reports to the Assistant Secretary in the form and containing the information the Assistant Secretary requires, establish goals and performance measures, and make periodic reports on how well the State attains those goals—including data on inspections, voluntary compliance activities, and statistics on work-related deaths, injuries, and illnesses. See 1902.3(k).
OSHA will measure a State’s enforcement program against objective indices of effectiveness set out in 1902.4(c); the State plan must demonstrate its enforcement program is, and will remain, at least as effective as the Federal program under 1902.3(d). These indices guide periodic evaluations by the Assistant Secretary.
Yes, but only narrowly: any exceptions to the prohibition on advance notice must be expressly authorized by the head of the designated agency (or representative) and may be no broader than exceptions authorized under the OSH Act and the rules in part [1903]. See 1902.3(f) and the implementing rules in 29 CFR part 1903. For how OSHA handles advance notice and contest situations in enforcement, see the interpretation on contesting citations.
OSHA generally does not issue an additional citation for the exact same condition, equipment, and location while a prior citation is properly under contest, but it reserves the authority to take necessary enforcement actions (including seeking relief for imminent dangers) to protect workers. This policy is explained in OSHA’s interpretation on contesting citations and must be applied consistent with State-plan enforcement under 1902.3(d).