Definitions for state plan terms

The term "Act" refers to the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).

• See the definition of "Act" in 1902.31 for the official wording.
• For context about the part where this definition appears, see 1902.

An "Affirmative 18(e) determination" is a decision that a State plan (or a modification) is actually operating and meeting the section 18(c) criteria so that discretionary Federal enforcement and standards authority can be withdrawn for issues covered by that plan or modification.

• See the definition of "Affirmative 18(e) determination" in 1902.31.
• The practical effect and process relate to requirements in 1902 and to procedures described in 1952.6.
• If a State seeks partial (separable) withdrawal of Federal authority, see how "separable portion of a plan" is defined in 1902.31 and the guidance in 1952.6(a).

The "Assistant Regional Director" is the Assistant Regional Director for Occupational Safety and Health for the region in which a State is located.

• See the definition of "Assistant Regional Director" in 1902.31.
• For the broader regulatory part where this term is used, see 1902.

The "Assistant Secretary" means the Assistant Secretary of Labor for Occupational Safety and Health.

• See the definition of "Assistant Secretary" in 1902.31.
• Related material appears in the overall 1902 subpart for State plans.

"Commencement of a case" under section 18(e) means the issuance of a citation, and for an imminent danger, the initiation of enforcement proceedings under section 13 of the Act.

• See the definition of "Commencement of a case" in 1902.31.
• For background on the State plan approval process where this term is used, see 1902.

"Commencement of plan operations" means the start of operations under a State plan after the Assistant Secretary approves the plan, and it cannot be later than the effective date of the initial funding grant provided under section 23(g) of the Act.

• See the definition of "Commencement of plan operations" in 1902.31.
• For the part of the regulation that governs State plans, see 1902.

A "Development step" includes items in the published developmental schedule or revisions, items specified in the approved plan under section 18(c) for completion by the State, and items subject to evaluations and changes needed to make the State program at least as effective as the Federal program within the 3-year developmental period.

• See the definition of "Development step" in 1902.31.
• The regulation cross-references the developmental-period requirements in 1953.4(a).
• For the overall State-plan approval framework, see 1902.

"Initial approval" means the Assistant Secretary's approval of a State plan or any modification of it under section 18(c) of the Act and subpart C of the part.

• See the definition of "Initial approval" in 1902.31.
• For the statutory and regulatory framework for approvals, see 1902.

"Person" means any individual, partnership, association, corporation, business trust, legal representative, organized group of individuals, or any agency, authority or instrumentality of the United States or of a State.

• See the definition of "Person" in 1902.31.
• This broad definition is used throughout the 1902 subpart when applying State plan requirements.

A "separable portion of a plan" generally means more than one industrial, occupational, or hazard grouping (as defined in 1902.2(c)(1)) that is administratively practicable and reasonably separable from the rest of the plan for purposes of an 18(e) determination.

• See the definition of "separable portion of a plan" in 1902.31 and the grouping definition in 1902.2(c)(1).
• The separability concept is also discussed in 1952.6(a).

OSHA uses industrial, occupational, or hazard groupings to identify logical sets of workplaces or hazards that can form administratively practicable and reasonably separable portions of a State plan for an 18(e) determination.

• See 1902.2(c) and the specific example grouping in 1902.2(c)(1).
• These groupings help determine whether a State can obtain Federal withdrawal on some issues while Federal authority remains on others; see also 1902.31.

OSHA indicates that a "separable portion" should be more than one industrial, occupational, or hazard grouping and must be administratively practicable and reasonably separable from the rest of the plan for an 18(e) determination.

• See the guidance in 1952.6(a) and the linked definition in 1902.31.
• In practice, a State should document how the groupings are defined and why they are administratively practical to treat separately when seeking partial withdrawal of Federal authority.

A "developmental step" identifies actions, schedules, or evaluations the State will complete during the developmental period to ensure its program becomes at least as effective as the Federal program within three years.

• See the definition referenced in 1902.31 and the developmental-period requirements in 1953.4(a).
• Developmental steps can include items in the published schedule, specified plan tasks, and any adjustments identified by evaluations during the approval process.

Yes, a State can seek an affirmative 18(e) determination for a separable portion of its plan if that portion comprises more than one industrial, occupational, or hazard grouping and is administratively practicable and reasonably separable from the rest of the plan.

• See the "separable portion of a plan" definition in 1902.31 and the guidance in 1952.6(a).
• The grouping concept in 1902.2(c)(1) helps define what counts as separable groupings for this purpose.

Federal enforcement may continue if a "case" has commenced as defined in 1902.31—that is, if a citation has been issued or, in imminent danger situations, enforcement proceedings under section 13 have been initiated—despite an affirmative 18(e) determination.

• See the "Commencement of a case" definition in 1902.31.
• For the broader context of plan approvals and Federal withdrawal, see 1902.

No, OSHA stated that wastewater and raw sewage are not generally considered "blood" or "other potentially infectious materials" (OPIM) under the Bloodborne Pathogens Standard unless they are reasonably anticipated to contain blood or are visibly contaminated with blood.

• See the OSHA interpretation "Bloodborne pathogens in wastewater" (July 30, 2007) for the agency's guidance.
• Employers must evaluate job tasks to determine if workers have occupational exposure to blood or OPIM as required by the Bloodborne Pathogens Standard; see 1902 for the State-plan context and the interpretation for practical examples (first aid providers, handling used needles).

Yes, OSHA confirmed that a structure that meets the definition of a spray booth is required to have approved automatic sprinklers on the upstream and downstream sides of the filters, unless an equivalent system (e.g., dry chemical or gaseous extinguishing system) meeting OSHA requirements is installed.

• See the OSHA interpretation "Spray booth standards inquiry" (Aug 12, 2004) for the agency's answers to specific spray booth scenarios.
• For the regulatory framework where State-plan definitions apply, see 1902.