State plan certification effects

Yes. Publication of the certification in the FEDERAL REGISTER automatically initiates the evaluation of the State plan for purposes of an 18(e) determination under 1902.35.

• The rule says publication acknowledging completion of all developmental steps will automatically start the evaluation.
• The evaluation process that begins on publication will follow the criteria in 1902.37 and 1902.38.

The evaluation must continue for at least one year after the certification is published in the FEDERAL REGISTER.

• 1902.35 says evaluation will continue for at least one year, but it does not limit the evaluation to only one year if more time is needed to complete the 18(e) determination.
• The evaluation will be based on the criteria set out in 1902.37 and 1902.38.

No. Federal enforcement and federal standards authority are not relinquished during the evaluation period.

• 1902.35 explicitly states that Federal enforcement authority under sections 5(a)(2), 8, 9, 10, 11(c), 13, and 17 of the Act and Federal standards authority under section 6 of the Act will not be relinquished while the evaluation is underway.
• Practically, this means Federal authorities retain the right to enforce applicable Federal statutes and standards during the 18(e) evaluation period.

The evaluation will use the criteria set forth in 1902.37 and 1902.38.

• 1902.35 directs that the one-year (or longer) evaluation be based on those sections.
• Review 1902.37 and 1902.38 for the specific performance and procedural factors OSHA will consider.

Yes. Publication of the certification in the FEDERAL REGISTER acknowledges that the State is claiming completion of all developmental steps in its plan.

• 1902.35 ties that publication to the automatic start of the 18(e) evaluation.
• The publication itself is the State's formal statement that the developmental steps are complete and that the plan is ready for evaluation against the criteria in 1902.37 and 1902.38.

Yes. Federal enforcement authority remains in effect during the evaluation, so employers should expect that Federal agencies may still enforce Federal requirements.

• 1902.35 explicitly states that Federal enforcement under several sections of the Act and Federal standards authority under section 6 are not relinquished during the evaluation period.
• Employers should be prepared to comply with applicable Federal standards and enforcement actions during at least the one-year evaluation period.

It means Federal enforcement and standard-setting authority remains active while OSHA evaluates the State plan; the Federal government does not stop exercising its authorities during that time.

• 1902.35 lists the specific Federal authority retained during evaluation (sections 5(a)(2), 6, 8, 9, 10, 11(c), 13, and 17 of the Act).
• The provision ensures that Federal protections and enforcement backstop remain in place until OSHA completes its assessment under the criteria in 1902.37 and 1902.38.

No; 1902.35 requires that the evaluation continue for at least one year after publication.

• The regulation sets a minimum one-year evaluation period, although OSHA may take longer if necessary to make the 18(e) determination using the criteria in 1902.37 and 1902.38.

Yes. 1902.35 explicitly lists the sections of the Act under which Federal enforcement authority is retained: sections 5(a)(2), 8, 9, 10, 11(c), 13, and 17, and it also cites Federal standards authority under section 6.

• That listing clarifies which Federal powers remain in place during the State plan evaluation for an 18(e) determination.

The overall Part 1902, which contains the State plan procedures including the 18(e) process, is available at Part 1902.

• 1902.35 is part of Subpart D (Procedures for Determinations Under section 18(e) of the Act) in that Part, and you can consult 1902.37 and 1902.38 for the detailed evaluation criteria.

No. 1902.35 does not specify the outcomes if a State plan fails the 18(e) evaluation; it only explains that publication starts the evaluation, that evaluation will last at least one year, and that Federal authority is retained during the evaluation.

• For the procedures and criteria that guide judgments during the evaluation, see 1902.37 and 1902.38.
• Actual consequences or follow-up actions depend on the findings and processes described elsewhere in Part 1902 and the Act.

OSHA (the Federal agency administering the Act) makes the 18(e) determination using the criteria in 1902.37 and 1902.38, and the evaluation begins automatically upon publication as described in 1902.35.

• The regulation frames the Federal evaluation role and explicitly maintains Federal authority during that process; the criteria in 1902.37 and 1902.38 guide OSHA's assessment.