Certification of developmental steps

The Assistant Regional Director must certify completion once the State has finished all developmental steps in its plan, which must be done within three years after the plan begins operations following Assistant Secretary approval, and the certification starts the process for evaluating the State for an 18(e) determination after at least one year of plan evaluations. See 1902.34(a).

A State must complete all developmental steps not later than three years following the commencement of plan operations after the Assistant Secretary's approval of the plan. See 1902.34(a).

The certification must include a clear record showing completion of the developmental steps and related matters, specifically the items listed in 1902.34(b), including the detailed elements in paragraphs (b)(1) through (b)(4). See 1902.34(b) and the specific subparagraphs 1902.34(b)(1), 1902.34(b)(2), 1902.34(b)(3), 1902.34(b)(4).

The certification must list every developmental step (and any revisions), the plan amendments or changes that completed those steps, and the dates on which the Assistant Secretary's or Assistant Regional Director's approval of each change was published in the FEDERAL REGISTER. See 1902.34(b)(1).

The certification must describe any substantive program changes that the Assistant Secretary approved and specify the dates those approvals were published in the FEDERAL REGISTER. See 1902.34(b)(2).

The certification must include documentation showing that the legal basis for the State's merit system was approved by the U.S. Civil Service Commission and that OSHA, with the advice of the U.S. Civil Service Commission, has found the actual operations of the State merit system acceptable. See 1902.34(b)(3).

The certification must describe the specific issues the State plan covers and, where relevant, identify separable portions of the plan that have been certified for 18(e) evaluation and those portions that were not certified by the Assistant Regional Director. See 1902.34(b)(4).

The Assistant Regional Director is required to prepare the certification upon determining completion of the developmental steps and to forward it promptly to the Assistant Secretary. See 1902.34(b).

If the Assistant Secretary finds that the State has completed all developmental steps specified in the plan, he shall publish the certification in the FEDERAL REGISTER. See 1902.34(c).

A State program is evaluated for an 18(e) determination after the Assistant Regional Director certifies completion of all developmental steps and the program has undergone at least one year of evaluations. See 1902.34(a).

Yes; the certification can identify separable portions of the plan that have been certified for 18(e) evaluation purposes and those portions that were not certified by the Assistant Regional Director. See 1902.34(b)(4).

A State should prepare and include the key documents listed in the rule: a complete list of developmental steps and any amendments with FEDERAL REGISTER publication dates; descriptions of substantive program changes and their publication dates; documentation of U.S. Civil Service Commission approval of the legal basis for the merit system and OSHA's acceptance of its operations; and a clear description of plan issues and any separable certified portions. See 1902.34(b) and its subparagraphs 1902.34(b)(1) through 1902.34(b)(4).

Substantive changes must be approved by the Assistant Secretary and the certification must show the dates those approvals were published in the FEDERAL REGISTER. See 1902.34(b)(2).

If the Assistant Secretary does not find that all developmental steps are complete, he will not publish the certification in the FEDERAL REGISTER, and the State must address the outstanding steps or deficiencies before certification and publication occur. See 1902.34(c) and 1902.34(a).