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Back to Part 1902
OSHA 1902.33

State plan developmental period

Subpart D

12 Questions & Answers
Official OSHA text

Questions & Answers

Under 1902.33 (Developmental period), how long does a State have to complete the developmental steps in its approved plan?

A State has three years from the commencement of plan operations after initial approval to complete all developmental steps specified in its approved plan. See 1902.33.

Under 1902.33 (Developmental period), when does the three-year developmental period begin?

The three-year period begins upon the commencement of the State's plan operations after the Assistant Secretary gives initial approval to the plan. See 1902.33.

Under 1902.33 (Developmental period), what must a State do when it completes one of its approved developmental steps?

When a State completes a developmental step, it must submit the resulting plan change as a supplement to its plan to OSHA for approval. See 1902.33 and follow the submission procedures in 1953.4.

Under 1902.33 (Developmental period), where does OSHA publish its approval of State developmental changes?

OSHA's approval of a State's developmental plan changes is published in the Federal Register. See 1902.33.

Under 1902.33 (Developmental period), which OSHA regulation explains the procedures for submitting and considering developmental changes?

The procedures for submission and consideration of developmental changes are set out in 1953.4, which the State must follow when submitting supplements as described in 1902.33.

Under 1902.33 (Developmental period), does OSHA approve a State plan change before it is published in the Federal Register?

Yes. OSHA approves the submitted plan change, and that approval is then published in the Federal Register. See 1902.33.

Under 1902.33 (Developmental period), what counts as the "developmental steps" the State must complete?

The developmental steps are those specific steps listed in the State's plan as approved by the Assistant Secretary; the State must complete the steps that were part of its approved plan. See 1902.33 and the broader 1902 part for context.

Under 1902.33 (Developmental period), must a State submit a supplement only at the end of the three-year period or whenever a step is finished?

A State must submit a supplement to OSHA whenever it completes a developmental step, not only at the end of the three-year period. See 1902.33 and consult 1953.4 for submission procedures.

Under 1902.33 (Developmental period), what role does 1953.4 play in the developmental period process?

Section 1953.4 sets forth the specific procedures a State must follow to submit and for OSHA to consider developmental changes, and those procedures apply to the supplements described in 1902.33.

Under 1902.33 (Developmental period), what happens if a State submits a developmental change as a supplement?

If a State submits a developmental change as a supplement, OSHA will consider the submission under the procedures of 1953.4 and, if approved, OSHA will publish the approval in the Federal Register as described in 1902.33.

Under 1902.33 (Developmental period), does the regulation specify how the State should document completion of a developmental step in its supplement?

The section requires submission of the resulting plan change as a supplement when a developmental step is completed but delegates the detailed submission and consideration procedures to 1953.4, which should be consulted for documentation and procedural requirements. See 1902.33.

Under 1902.33 (Developmental period), what is the relationship between the Assistant Secretary's initial approval and the three-year developmental period?

The three-year developmental period begins only after the Assistant Secretary gives initial approval to the State's plan and the State commences plan operations; initial approval is therefore the trigger for the three-year timeline. See 1902.33.