State administration authority

Yes. States can conduct inspections and enforce their own occupational safety and health laws under their approved State plans. See the text of 1903.21 which states that nothing in Part 1903 "shall preempt the authority of any State to conduct inspections, to initiate enforcement proceedings or otherwise to implement the applicable provisions of State law" when done in accordance with section 18 of the Act and Parts 1901 and 1902. This means:

• A State with an OSHA-approved State Plan may adopt and enforce standards that are at least as effective as Federal OSHA’s standards and may be more stringent. See 1903.21.

No. Part 1903 does not prevent a State from investigating workplace hazards within its jurisdiction when the State operates under an OSHA-approved plan. The rule explicitly says nothing in Part 1903 "shall preempt the authority of any State to conduct inspections" when the State acts under agreements required by section 18 of the Act and the related Parts 1901 and 1902. See 1903.21.

• If your workplace is in a State-plan State, contact your State Plan office for how they handle inspections and investigations.

State Plans must be at least as effective as Federal OSHA’s program, but they may have different or stricter requirements. 1903.21 preserves States’ authority to implement State occupational safety and health standards under section 18 of the Act and Parts 1901 and 1902.

• Practical effect: a State-plan standard can be more protective than a corresponding Federal standard, but it must be approved and monitored by Federal OSHA to ensure it remains “at least as effective.” See 1903.21.

Yes. A State-plan State can require posting of Federal OSHA notices or its own equivalent notices as part of its State standards and enforcement program. 1903.21 allows States to implement applicable provisions of State law under approved plans.

• Note: Federal LOIs clarify posting expectations for Federal OSHA notices (for workplaces subject to Federal OSHA). For example, OSHA’s interpretation on poster display clarifies requirements under 29 CFR 1903.2; see OSHA’s poster display requirements letter of interpretation (June 15, 2023). If you’re in a State-plan State, check your State Plan for any additional posting requirements.

No. Part 1903 does not stop States from issuing citations under their own occupational safety and health laws when they operate under an approved State Plan. 1903.21 explicitly preserves State authority to initiate enforcement proceedings consistent with section 18 of the Act.

• If a State Plan is approved, the State has primary enforcement authority in that State and can issue citations under State standards that are at least as effective as Federal standards.

Ask the State Plan office because State Plans have primary enforcement authority in their jurisdictions and may have different procedures or requirements. 1903.21 preserves State authority under approved plans.

• LOIs about State Plans (for example, OSHA’s poster interpretation that references California) recommend contacting the particular State Plan for specifics; see OSHA’s poster display requirements letter of interpretation (June 15, 2023).
• Contact information for your State Plan is available on OSHA’s website or via your State’s labor department.

Generally, Federal OSHA does not enforce standards in State-plan States for private sector workplaces where the State Plan covers the activity; the State Plan has primary enforcement authority. 1903.21 preserves State authority under approved plans.

• However, Federal OSHA retains oversight responsibilities and enforces Federal standards in certain circumstances (for example, where a State Plan does not cover some public-sector employers or where Federal jurisdiction is expressly retained). For precise situations, consult your State Plan and federal guidance.

The State’s standard applies to employers in that State if the State Plan is OSHA-approved and the State’s standard is at least as effective as the Federal standard. 1903.21 preserves the authority of States to implement their laws under approved plans.

• Practical note: employers must follow the State standard where it applies; many LOIs and guidance documents (see for example OSHA’s poster display requirements letter of interpretation (June 15, 2023)) remind employers in State-plan States to consult their State Plan for any added or different requirements.

Yes. State Plans must operate in accordance with section 18 of the Act and Parts 1901 and 1902 of the OSHA regulations when implementing their programs. 1903.21 ties State authority to those statutory and regulatory requirements.

• This means a State’s program must meet Federal requirements for approval, monitoring, and operation while still allowing the State to set standards that are at least as effective as Federal ones.

Yes, subject to approval and oversight: State Plans may have different inspection procedures or timing, provided the overall program is at least as effective as Federal OSHA and complies with the requirements of section 18 and Parts 1901–1902. 1903.21 preserves State authority.

• For operational details and differences (for example, posting or inspection logistics), consult your State Plan office because the State Plan may adopt procedures specific to that State.

No. OSHA Letters of Interpretation explain Federal OSHA’s positions but do not themselves change State Plan rules; State Plans may have different interpretations if their standards differ and have been approved. 1903.21 allows States to implement their own laws under approved plans.

• For Federal positions you can consult OSHA’s LOIs such as the poster display requirements letter of interpretation (June 15, 2023) or the policy on contesting citations letter (September 11, 2023). For State-specific interpretation, contact the State Plan.

Yes, a State may adopt notification requirements that differ from Federal OSHA provided the State Plan remains at least as effective overall as Federal protections. 1903.21 permits States to implement applicable State law under approved plans.

• Example: OSHA’s letter on employee exposure records (July 16, 2018) explains Federal requirements under 29 CFR 1910.1020 and clarifies that posting the general OSHA poster does not satisfy the specific notification required for exposure and medical records; see the employee exposure records notification letter (July 16, 2018). A State Plan could require additional notice if approved.

Not automatically. State Plans operate under their own approved procedures and must maintain programs that are at least as effective as Federal OSHA. 1903.21 preserves State authority, so changes in Federal guidance may prompt State Plan review but do not automatically alter State rules or procedures.

• For example, Federal memoranda like OSHA’s Enhanced Enforcement Policy (March 12, 2003) guide Federal enforcement; State Plans may adopt similar or different approaches after review and approval. See OSHA’s Enhanced Enforcement Policy (March 12, 2003).

Federal OSHA generally defers to an approved State Plan for enforcement, but OSHA retains oversight and certain authorities; immediate Federal action is uncommon where a State Plan has jurisdiction. 1903.21 preserves State authority under approved plans.

• Note: Federal OSHA’s enforcement authority for imminent dangers is described in other parts of the Act and Field Operations Manual; for scenarios where Federal action is considered (such as contested citations for imminent danger), see OSHA’s policy on contesting citations letter (September 11, 2023) which explains circumstances where OSHA may seek relief even if a citation is under contest.

Follow the State Plan’s posting requirements if the State has its own rules; otherwise follow the Federal posting requirements. 1903.21 allows States to implement their own provisions under approved plans.

• Federal LOIs clarify posting rules for Federal OSHA—for example, OSHA’s poster display requirements letter (June 15, 2023) and the poster language requirements letter (November 12, 2004) explain that the Federal regulation requires the standard notice be posted in a conspicuous place and that posting in other languages is encouraged but not required by the Federal rule. Check your State Plan for any additional posting language or format requirements.

Yes. A State may investigate complaints within its jurisdiction and under its approved procedures, even if Federal OSHA’s Field Operations Manual (FOM) provides guidance for Federal investigations. 1903.21 preserves State authority to implement State law under approved plans.

• Example: Federal guidance in the FOM informs Federal inspectors; State Plans may adopt their own inspection practices and should coordinate with Federal oversight as required. For Federal policy on contests and investigatory pauses, see OSHA’s policy on contesting citations letter (September 11, 2023).

It depends on the State Plan’s procedures; Federal OSHA generally does not issue additional citations for the exact same condition while a citation is under contest, but OSHA reserves authority to act when necessary to protect workers. OSHA’s Federal policy states OSHA "generally does not issue an additional citation for the exact same condition, equipment, and location as that previously cited and under contest" but may take other enforcement actions for imminent danger; see OSHA’s policy on contesting citations letter (September 11, 2023).

• For State-plan cases, consult the State Plan’s contest and enforcement procedures because State law and procedure govern in that jurisdiction under 1903.21.

No. Federal letters of interpretation describe OSHA’s interpretation of Federal standards but do not automatically bind State Plans; States operating approved plans can have different rules or interpretations so long as their programs remain at least as effective. 1903.21 preserves State authority.

• If you need Federal guidance, see representative LOIs such as OSHA’s poster display requirements letter (June 15, 2023) or the employee exposure records notification letter (July 16, 2018). For State-specific application, check with your State Plan.

Yes, State Plans can adopt alternative procedures if their programs remain at least as effective as Federal OSHA’s protections and the State Plan has been approved. 1903.21 allows States to implement State law under approved plans.

• For Federal recordkeeping enforcement changes, see OSHA’s interim enforcement procedures for recordkeeping (November 10, 2016) which guided enforcement of 29 CFR 1904.35. State Plans may adopt corresponding procedures or maintain different but at least equivalent systems—contact your State Plan for details.

Contact the State Plan office if your workplace is located in a State-plan State; otherwise contact the local Federal OSHA Area Office. 1903.21 preserves State authority under approved plans and makes clear the distinction between State and Federal roles.

• Federal LOIs recommend consulting State Plan offices for State-specific questions—for example, the poster display requirements letter (June 15, 2023) suggests contacting the California State Plan for State-specific requirements.