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Back to Part 1902
OSHA 1902.30

State plan approval procedures

Subpart D

12 Questions & Answers
Official OSHA text

Questions & Answers

Under 1902.30, what is the purpose and scope of Subpart D for State plans?

Under 1902.30 the purpose of Subpart D is to set out the procedures and criteria that the Assistant Secretary will use to decide whether to grant final approval to State plans under section 18(e) of the Act. This subpart explains the decision-making framework for approving State plans. See the Purpose and scope in 1902.30 and the broader Part 1902 State Plans overview.

Under 1902.30, who makes the final determination on whether a State plan receives final approval?

Under 1902.30 the Assistant Secretary of Labor for Occupational Safety and Health makes the final determination on whether to grant final approval to State plans, acting under a delegation of authority from the Secretary of Labor. The regulation names the Assistant Secretary as the official responsible for these determinations. See 1902.30 and Part 1902.

Under 1902.30, what legal authority allows the Assistant Secretary to act on State plan approvals?

Under 1902.30 the Assistant Secretary acts under a delegation of authority from the Secretary of Labor (identified in Secretary's Order 12-71) to make determinations on State plan approval under section 18(e) of the Occupational Safety and Health Act. This delegation is referenced directly in the regulation. See 1902.30 and the Part 1902 overview.

Under 1902.30, does Subpart D set out technical enforcement requirements for State workplace safety standards?

Under 1902.30 Subpart D does not itself set technical workplace safety requirements; it contains the procedures and criteria the Assistant Secretary uses to decide whether to grant final approval to State plans under section 18(e). In other words, Subpart D governs approval decisions, not the specific health and safety standards a State must enforce. See 1902.30 and Part 1902.

Under 1902.30, which State plans are covered by these procedures and criteria?

Under 1902.30 the procedures and criteria apply to State plans for the development and enforcement of State standards under Part 1902—i.e., State occupational safety and health plans seeking final approval under section 18(e) of the Act. Any State plan seeking final approval under that statutory provision falls within Subpart D's scope. See 1902.30 and Part 1902.

Under 1902.30, where can I find the specific procedures and criteria used to evaluate State plans?

Under 1902.30 the specific procedures and criteria are contained in Subpart D of Part 1902; the section identifies that Subpart D contains those procedures and criteria the Assistant Secretary will use for final approval decisions. For the authoritative text, consult 1902.30 and the surrounding Subpart D material in Part 1902.

Under 1902.30, does the regulation reference the statutory basis for State plan approval?

Under 1902.30 the regulation explicitly ties the approval process to section 18(e) of the Occupational Safety and Health Act (29 U.S.C. 667) as the statutory basis for granting final approval to State plans. The subpart implements the decision procedures and criteria grounded in that statutory provision. See 1902.30 and Part 1902.

Under 1902.30, what role does Secretary's Order 12-71 play in State plan approval?

Under 1902.30 Secretary's Order 12-71 is cited as the delegation instrument authorizing the Assistant Secretary to act on State plan approval matters; the Assistant Secretary makes final determinations under that delegated authority. The regulation points to delegation of authority as the basis for who decides on approvals. See 1902.30 and Part 1902.

Under 1902.30, does the subpart apply to conditions other than final approval, such as interim recognition or consultation?

Under 1902.30 the subpart specifically addresses the procedures and criteria for the Assistant Secretary's determination to grant final approval to State plans under section 18(e); it does not purport to govern other separate processes like interim recognition or unrelated consultation programs. For the subpart's focus, see 1902.30 and Part 1902.

Under 1902.30, who should a State contact for questions about the final approval process?

Under 1902.30 the Assistant Secretary is identified as the decisionmaker for final approvals, so State officials seeking guidance should work with OSHA's regional and national offices that coordinate State plan approvals under Part 1902. For the regulatory basis of that process, see 1902.30 and the overall Part 1902.

Under 1902.30, does the text explain how approval criteria were developed or their content?

Under 1902.30 the text states that Subpart D contains the procedures and criteria the Assistant Secretary will use, but it does not itself list the full content or development history of each criterion; it provides the scope and purpose for the approval procedures. For the regulatory statement of purpose, see 1902.30 and Part 1902.

Under 1902.30, can the Assistant Secretary delegate the State plan approval decision to another official?

Under 1902.30 the Assistant Secretary acts under a delegation of authority from the Secretary of Labor, which indicates the Assistant Secretary is the delegated official making the determinations; the text itself describes that delegation but does not detail further re-delegation. For the delegation referenced in the regulation, see 1902.30 and Part 1902.