Under 1952.17(a), when did the Indiana State plan receive initial approval?
Under 1952.17(a) the Indiana State plan received initial approval on March 6, 1974. This is recorded in the Indiana entry for approved state plans (1952.17(a)).
OSHA 1952.17
Indiana state plan approval
Subpart A
Questions & Answers
Under 1952.17(b), when did the Indiana State plan receive final approval?
Under 1952.17(b) the Indiana State plan received final approval on September 26, 1986. You can confirm this date in the Indiana state-plan entry (1952.17(b)).
Under 1952.17(c), what compliance staffing benchmarks were approved for Indiana and why were they established?
Under 1952.17(c) Indiana’s revised compliance staffing benchmarks of 47 safety and 23 health compliance officers were approved on January 17, 1986, after reassessment and public comment. These benchmarks were established to meet requirements from the 1978 Court Order in AFL-CIO v. Marshall that each State plan define staffing levels needed for a "fully effective" enforcement program (1952.17(c)).
Under 1952.17(c), what does the phrase "fully effective" enforcement program refer to in Indiana's staffing context?
Under 1952.17(c) "fully effective" refers to the staffing levels (benchmarks) required by the 1978 Court Order in AFL-CIO v. Marshall so a State plan has sufficient safety and health compliance officers to carry out robust enforcement; for Indiana, the approved benchmarks were 47 safety and 23 health officers. The regulatory citation describing this reassessment and approval is 1952.17(c).
Under 1952.17(d), who does the Indiana State plan cover?
Under 1952.17(d) the Indiana plan covers all private-sector employers and employees, as well as State and local government employers and employees in the State, subject to several notable exceptions. The general coverage statement is in 1952.17(d).
Under 1952.17(d), where can I find current information about exceptions to Indiana's State plan coverage?
Under 1952.17(d) current information on the exceptions and additional details about the Indiana plan are available from the Indiana State Plan webpage referenced in that subsection. See 1952.17(d) for the direction to consult the Indiana State Plan materials.
Under Part 1952, how does Indiana’s approved state plan relate to federal OSHA enforcement in the State?
Under Part 1952, Indiana operates an approved State plan that provides the State’s own enforcement program for covered employers and employees within Indiana; the Indiana entry and its subsections summarize approval and coverage details (1952 and 1952.17). For specific coverage and exceptions, consult 1952.17(d).
Under 1952.17(c), how were the Indiana staffing benchmarks developed and approved?
Under 1952.17(c) Indiana completed a reassessment of initial 1980 levels in September 1984, proposed revised benchmarks (47 safety and 23 health compliance officers), provided opportunity for public comment and service on the AFL-CIO, and had the Assistant Secretary approve the revised staffing requirements on January 17, 1986 (1952.17(c)).
Under 1952.17(d), if I'm an employer in Indiana, how can I check whether my workplace is covered or excepted by the State plan?
Under 1952.17(d) you should consult the Indiana State Plan materials for current information about coverage and exceptions; the subsection directs readers to the Indiana State Plan web resources for details (1952.17(d)). If the web materials do not answer your question, contact the Indiana State Plan authority identified on that page.
Under 1952.17, where can I find the official regulatory text that lists Indiana's approval and related details?
Under 1952.17(c), what public process was followed before the Assistant Secretary approved Indiana's revised staffing benchmarks?
Under 1952.17(c) the revised staffing benchmarks were proposed after reassessment, made available for public comment, and served on the AFL-CIO before approval by the Assistant Secretary on January 17, 1986 (1952.17(c)).
Under 1952.17(d) and using OSHA guidance, how should an Indiana wastewater employer decide whether the Bloodborne Pathogens Standard applies to their workers?
Under 1952.17(d) employers should consult the Indiana State Plan for the State's rules, but OSHA's July 30, 2007 Letter of Interpretation explains how the federal Bloodborne Pathogens Standard (29 CFR 1910.1030) applies to wastewater workers: generally, exposure to diluted raw sewage is not automatically covered unless blood or other potentially infectious materials (OPIM) are present or reasonably anticipated (see OSHA's Letter of Interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2007-07-30 and consult 1952.17(d) to determine whether Indiana enforces a comparable rule).
Under 1952.17 and relevant OSHA letters, can national OSHA letters of interpretation (like the spray-booth or bloodborne-pathogens letters) be used for practical guidance in Indiana?
Under 1952.17 employers and safety professionals in Indiana can use OSHA letters of interpretation as practical federal guidance, but they must also check whether Indiana’s State Plan adopts similar rules or interpretations; the Indiana entry refers users to State Plan materials for current details (1952.17(d)). For example, OSHA’s spray booth letter (https://www.osha.gov/laws-regs/standardinterpretations/2004-08-12) and bloodborne pathogens letter (https://www.osha.gov/laws-regs/standardinterpretations/2007-07-30) explain federal interpretations that may inform State Plan practice but do not by themselves change state rules—confirm with Indiana’s official State Plan resources.
Under 1952.17(c), if I need documentation of the January 17, 1986 approval of Indiana's staffing benchmarks, where should I look?
Under 1952.17(c) the approval is part of the regulatory record for Indiana’s State Plan; to find documentation, consult the Part 1952 entry for Indiana at 1952.17 and the Indiana State Plan materials referenced in 1952.17(d) for supporting documents or contact information.