Subpart D
A State plan must operate for at least three years after it begins actual operations following initial approval before it can be considered for an affirmative 18(e) determination. See 1902.32(a) and the general part authority at 1902.
For a developmental plan, the Assistant Secretary must have at least one year of actual operations after the completion of all developmental steps to evaluate the plan, but in any case at least three years must have passed after initial approval before Federal enforcement and standards authority may be withdrawn. See 1902.32(a) and 1902.2(b).
The Assistant Secretary determines whether the State program’s actual operations apply the criteria of section 18(c) and the indices of effectiveness of subpart B so that the State program is "at least as effective as" the Federal program in protecting worker safety and health. See 1902.32(b) and 1902.
The Assistant Secretary may consider any information he deems appropriate to make an informed 18(e) determination. See 1902.32(c).
If an affirmative 18(e) determination is made, the Federal enforcement provisions of sections 5(a)(2), 8 (except for continuing evaluations under section 18(f)), 9, 10, 13 and 17, and standards promulgated under section 6, do not apply to the occupational safety and health issues covered by that determination. See 1902.32(c).
Yes—OSHA may retain jurisdiction over proceedings under sections 9, 10 and 13 that were started before the date of the 18(e) determination, and OSHA retains jurisdiction over the anti-discrimination provisions of section 11(c). See 1902.32(c).
If the Assistant Secretary determines a State plan or any portion has not met the criteria for 18(e), he will retain Federal enforcement authority under sections 5(a)(2), 8, 9, 10, 13, and 17 and retain standards authority under section 6 for the issues found ineligible. See 1902.32(d).
Once a State receives an affirmative 18(e) determination, the State must maintain a program that meets the requirements of section 18(c) and continues to be "at least as effective as" the Federal program for the covered issues, including adjusting the State program when the Federal program becomes more effective. See 1902.32(e).
OSHA may reconsider, rescind, or revoke all or part of an affirmative 18(e) determination and reinstate concurrent Federal enforcement authority if the State does not maintain its commitment to meet section 18(c) requirements; this may be used for temporary unusual circumstances or together with withdrawal proceedings. See 1902.32(f).
If a State does not update its program to remain "at least as effective as" Federal improvements, OSHA may revoke the 18(e) determination and resume Federal enforcement and standards authority, and may also commence proceedings to withdraw plan approval. See 1902.32(e) and 1902.32(f).
Yes—an 18(e) determination may apply to a separable portion of a State plan if the Assistant Secretary finds that that portion meets the criteria and is "at least as effective as" the Federal program for those issues. See 1902.32(b) and 1902.32(f).
OSHA may commence proceedings for withdrawal of approval of the plan, or any separable portion, if the Assistant Secretary’s decision indicates that the plan is not meeting requirements; such proceedings are conducted under the applicable rules (e.g., withdrawal procedures referenced in the part). See 1902.32(e).
Yes—the Assistant Secretary has discretion to consider whatever information he deems appropriate to reach an informed decision when evaluating a State plan for an 18(e) determination. See 1902.32(c).