Intergovernmental Cooperation Act application

You must interpret the State plan provisions so they are consistent with the Intergovernmental Cooperation Act of 1968. Under 1902.5 the Part is explicitly to be construed in a manner consistent with that Act and any regulations made under it.

• This means if a question arises about how to apply a provision in the State plan, you should resolve it in a way that aligns with the Act’s requirements and implementing regulations.
• If you need the Act’s specific terms or implementing rules to decide how to apply a plan provision, consult the text of 42 U.S.C. 4201–4233 and relevant federal regulations in addition to 1902.5.

No — a State plan cannot be interpreted to conflict with the Intergovernmental Cooperation Act of 1968. 1902.5 requires that this Part be construed consistently with the Act and its regulations.

• If any provision of a State plan appears to conflict with the Act or its regulations, that conflict should be resolved in favor of consistency with the Act.
• When in doubt, get legal guidance and review the Act and its implementing regulations before finalizing or enforcing plan provisions.

Yes — any intergovernmental agreement used to support enforcement should be reviewed for consistency with the Intergovernmental Cooperation Act of 1968. 1902.5 requires construing this Part in a manner consistent with that Act and its regulations.

• Practical steps: compare the agreement terms with the Act and its regulations, document how the agreement satisfies the Act’s requirements, and retain legal review demonstrating consistency.
• If an agreement cannot be made consistent with the Act, it should be revised or not used for enforcement purposes.

You should treat the federal regulation as controlling to the extent it implements the Intergovernmental Cooperation Act, and interpret State plan requirements to be consistent with it. 1902.5 requires construing the Part in a manner consistent with the Act and any regulations pursuant thereto.

• Action steps: review the federal regulation carefully, consult state legal counsel, and, if needed, amend the State plan or change procedures so they align with the federal regulation.
• Keep documentation showing how you adjusted the State plan or its application to maintain consistency with the Act’s implementing regulations.

They may influence how a State plan is applied, but employer obligations under a State plan should be enforced in a way that is consistent with the Intergovernmental Cooperation Act and its implementing regulations. 1902.5 directs that this Part be construed in a manner consistent with the Act.

• Employers must follow the State plan requirements as enforced by the State, but those enforcement actions and procedures should not conflict with the Act or its regulations.
• If questions arise about specific employer obligations, consult the State plan, the Act, and any implementing federal regulations to determine the correct enforcement approach.

A State should explicitly show how its plan and any supporting agreements comply with the Intergovernmental Cooperation Act and related regulations. 1902.5 requires construing the Part consistently with the Act and its regulations.

• Include a compliance statement referencing the Act (42 U.S.C. 4201–4233) and descriptions of how specific plan provisions or intergovernmental agreements meet its requirements.
• Attach copies of intergovernmental agreements, legal opinions, and cross-references to the Act’s implementing regulations so OSHA reviewers can verify consistency.

Such resource-sharing arrangements must be developed and applied in a way that is consistent with the Intergovernmental Cooperation Act and its regulations. 1902.5 requires construing the Part in line with the Act.

• Before finalizing an arrangement, compare its terms to the Act and implementing regulations, and document compliance.
• If terms are incompatible with the Act, revise the arrangement or seek appropriate legal or regulatory guidance to ensure consistency.

Yes — the requirement to interpret the Part consistently with the Intergovernmental Cooperation Act applies to written policies and informal practices that implement the State plan. 1902.5 directs that the Part be construed in a manner consistent with the Act and any regulations pursuant thereto.

• Even informal operational practices used to carry out the State plan should be reviewed for consistency with the Act’s requirements and implementing regulations.
• Where informal practices could conflict with the Act, formalize or modify them to ensure compliance and maintain documentation of the review and any changes.

A State should consult its legal counsel and, as needed, contact OSHA for guidance on aligning the plan with the Intergovernmental Cooperation Act and its regulations. 1902.5 requires construing the Part consistently with the Act.

• Practical contacts: State legal office, the State’s OSHA-plan program manager, and the regional OSHA office for questions about federal expectations.
• Document any formal guidance received and how you used it to adjust plan language or procedures to ensure consistency with the Act.

Yes — the Intergovernmental Cooperation Act and its regulations are part of the legal framework that must be considered when construing and applying the criteria in 1902, including approval-related matters, because 1902.5 requires consistency with the Act.

• When preparing submissions or making decisions about plan approval, ensure that the State plan’s provisions and supporting materials comply with the Act and its implementing regulations.
• Include documentation demonstrating how plan provisions align with the Act when seeking OSHA approval.

Disputes should be resolved in a way that maintains consistency with the Intergovernmental Cooperation Act and its regulations. 1902.5 requires construing the Part to align with the Act.

• Use the dispute-resolution mechanisms established by the Act or its implementing regulations where applicable, and involve legal counsel early to interpret relevant provisions.
• Document the reasoning that demonstrates how the chosen resolution conforms to the Act’s requirements.

When you update State plan language, you must check that the changes remain consistent with the Intergovernmental Cooperation Act and any regulations implementing it. 1902.5 mandates that the Part be construed in a manner consistent with the Act.

• Before finalizing changes, perform a legal review comparing the new language to the Act and its regulations and record the results.
• If updates raise potential conflicts, revise the language or adopt implementing procedures that preserve consistency with the Act.