Consultation with NIOSH

The Assistant Secretary is required to consult, as appropriate, with the Director of the National Institute for Occupational Safety and Health (NIOSH) about State plans submitted under this part. This is stated explicitly in 1902.6.

• The regulation names the Assistant Secretary as the party who will consult with NIOSH; it does not impose a direct obligation on the States to consult NIOSH themselves.
• The phrase "as appropriate" gives the Assistant Secretary discretion to determine when consultation is needed for technical or policy issues.

"As appropriate" means the Assistant Secretary will consult NIOSH when consultation is judged necessary or helpful in connection with a State plan submission. The regulation itself uses the phrase in 1902.6.

• This gives the Assistant Secretary flexibility to seek NIOSH input on technical, scientific, or public health matters related to a State's plan.
• It does not create a mandatory checklist or require consultation on every single submission; the decision is made case-by-case by the Assistant Secretary.

No — consultation with NIOSH does not mean NIOSH approval is required for a State plan. The regulation states that the Assistant Secretary will consult with the Director of NIOSH "as appropriate" regarding State plans in 1902.6.

• The regulation establishes consultation, not a requirement that NIOSH approve or disapprove plans.
• Final decisions about State plan approval rest with OSHA and the Assistant Secretary, though NIOSH may provide technical advice when consulted.

A State should expect OSHA to consult NIOSH when the Assistant Secretary determines consultation is necessary or helpful for reviewing the plan. 1902.6 authorizes consultation "as appropriate."

• Examples where consultation is likely include complex technical issues, novel industrial hygiene questions, or matters involving public health expertise.
• The timing and scope of consultation are at OSHA's discretion; the regulation does not specify fixed deadlines or procedures for when consultation must occur.

Yes — a State can request that OSHA consult NIOSH about specific technical issues, and OSHA may do so under the authority of 1902.6, which directs the Assistant Secretary to consult "as appropriate."

• The regulation gives OSHA discretion to seek NIOSH input, so a State's request is likely to be considered but not automatically granted.
• If a State believes specialized public health or scientific expertise is required, it should communicate that clearly in the submission and any supporting documentation.

No — consultation with NIOSH under 1902.6 does not change the formal content or procedural requirements for submitting a State plan.

• States must continue to meet all submission requirements of the part and any applicable deadlines regardless of whether OSHA consults NIOSH.
• Consultation is an advisory step to provide technical or scientific input to OSHA's review; it does not alter the statutory or regulatory submission rules.

Under the regulation, the identified contact is the Director of the National Institute for Occupational Safety and Health (NIOSH). This is specified in 1902.6.

• The statute does not name a specific office or staff member beyond the Director; the Director may designate appropriate NIOSH staff or experts to assist in consultations.
• OSHA will coordinate with NIOSH leadership as needed to obtain relevant technical advice.

The regulation does not limit consultation to specific topics; it simply states that the Assistant Secretary will consult with the Director of NIOSH "as appropriate" regarding State plans, as found in 1902.6.

• This open wording allows OSHA to seek NIOSH expertise on a range of issues, including occupational health hazards, exposure limits, surveillance, and technical means of compliance.
• The scope of consultation is determined by the Assistant Secretary based on the needs of the particular review.

The regulation itself does not require OSHA to document consultations with NIOSH; it only states that the Assistant Secretary will consult "as appropriate" with the Director of NIOSH, as set out in 1902.6.

• While 1902.6 does not mandate documentation, OSHA often keeps administrative records of significant consultations to support decision-making.
• States seeking confirmation that consultation occurred should request written acknowledgement from OSHA during the review process.

Yes — NIOSH can provide technical recommendations during consultation, and those recommendations may inform OSHA's review, but NIOSH recommendations are advisory; the regulation specifies consultation "as appropriate" in 1902.6.

• NIOSH expertise can help OSHA evaluate technical or health-related elements of a State plan.
• Final decisions about approval or required modifications remain with OSHA and the Assistant Secretary, who may weigh NIOSH input alongside other considerations.

1902.6 does not create a special appeals process tied to NIOSH consultation; it only states that the Assistant Secretary will consult with the Director of NIOSH "as appropriate" regarding State plans, as described in 1902.6.

• Disagreements over State plan approval or required changes are handled through the normal administrative procedures governing State plans and OSHA's review process rather than through 1902.6 itself.
• A State should follow the established submission, negotiation, and administrative channels with OSHA and may provide additional information or analyses to address technical concerns raised during consultation.