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OSHA 1952.7

California State Plan approval

Subpart A

19 Questions & Answers
2 Interpretations

Questions & Answers

Under 1952.7(a), when did the California State Plan first receive approval?

The California State Plan received initial approval on May 1, 1973. See 1952.7(a).

Under 1952.7(b), what does it mean that OSHA entered into an "operational status agreement" with California?

An operational status agreement means OSHA and California agreed on how the State Plan will operate in place of federal enforcement while OSHA retains oversight responsibilities. See 1952.7(b) and the general Part 1952 provisions.

Under 1952.7(c), which employers and employees are covered by the California State Plan?

The California State Plan covers all private‑sector employers and employees, and also covers State and local government employers and employees in California, with several notable exceptions. See 1952.7(c).

Under 1952.7(c), where can I find the current exceptions and more details about California's State Plan coverage?

For current information on exceptions and additional plan details, you should consult the California State Plan information referenced in 1952.7(c). See that section for the pointer to the State Plan page and contact details.

Under Part 1952, does federal OSHA still enforce its standards in California workplaces generally covered by the State Plan?

Generally, federal OSHA does not enforce its standards in workplaces covered by an approved State Plan because the State Plan takes the enforcement role in the State. See the Part overview at 1952 and the coverage statement in 1952.7(c).

Under 1952.7(c), are there workplace types or employers in California that remain under federal OSHA jurisdiction?

Yes — 1952.7(c) notes the State Plan covers most employers but also refers to several exceptions; some federal workplaces (for example, certain federal agencies or maritime/federal enclaves) are generally outside State Plan enforcement and remain under federal OSHA. Check the current exceptions referenced in 1952.7(c).

Under Part 1952, can California adopt standards that differ from federal OSHA's standards?

Yes — an approved State Plan like California's enforces State standards that must be at least as effective as federal standards but may be different or more stringent than federal OSHA. See 1952 for the Part governing State Plans and 1952.7(c) for California coverage.

Under 1952.7, who should California employers contact about enforcement actions or inspections — federal OSHA or the State Plan agency?

California employers covered by the State Plan should contact the State Plan agency (Cal/OSHA) for enforcement, inspections, and complaint handling because the State Plan enforces occupational safety and health in the State; see 1952.7(c) and the Part overview at 1952.

Under 1952.7(c), does the California State Plan cover state and local government employees?

Yes — 1952.7(c) explicitly states that the plan covers State and local government employers and employees within California, subject to the exceptions referenced in that paragraph.

Under Part 1952, what oversight role does federal OSHA retain over approved State Plans like California's?

Federal OSHA retains oversight and monitoring authority over approved State Plans to ensure they remain at least as effective as federal protections and to address deficiencies or withdrawal if necessary. See the Part overview at 1952 and the California coverage note in 1952.7.

How does the July 30, 2007 OSHA Letter of Interpretation about bloodborne pathogens apply to wastewater treatment employees in California under the State Plan?

The Bloodborne Pathogens Standard applies only where there is actual or reasonably anticipated exposure to blood or other potentially infectious materials (OPIM); routine contact with diluted raw sewage is generally not covered unless it is visibly contaminated with blood or involves items like used hypodermic needles or first‑aid duties. See the federal interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2007-07-30 and consult 1952.7(c) for California State Plan coverage — the State Plan agency enforces applicable bloodborne pathogen provisions in California.

Under the Bloodborne Pathogens Letter of Interpretation, who decides whether a wastewater job has occupational exposure to blood or OPIM?

The employer is responsible for evaluating job classifications and tasks to determine whether employees have occupational exposure to blood or OPIM and therefore are covered by the Bloodborne Pathogens Standard. See the interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2007-07-30 and refer to 1952.7(c) for State Plan enforcement in California.

Under the 2007 Letter of Interpretation, must wastewater employees who render first aid be offered the hepatitis B vaccination?

Yes — employees who are designated to render first aid and who have a reasonable expectation of exposure to blood or OPIM must be offered the hepatitis B vaccination in accordance with the Bloodborne Pathogens Standard. See the interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2007-07-30 and check California enforcement procedures under 1952.7(c).

How does the August 12, 2004 Letter of Interpretation address whether a small spray structure is a "spray booth" under OSHA rules?

OSHA’s interpretation confirms that a small, power‑ventilated structure used to capture paint overspray and conduct it outside can meet the definition of a spray booth under OSHA rules when it functions to capture overspray. See the interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2004-08-12 and consult California plan requirements via 1952.7(c).

According to the 2004 spray booth Letter of Interpretation, can a dry chemical fire protection system be used instead of sprinklers for a spray booth?

Yes — OSHA stated a properly installed dry chemical extinguishing system (or a CO2 system meeting OSHA requirements) may be used in lieu of automatic sprinklers for a spray booth if it provides an equivalent level of protection. See the interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2004-08-12 and check California-specific fire protection requirements under 1952.7(c).

Under the spray booth Letter of Interpretation, which OSHA standards govern paint storage rooms and related requirements?

OSHA indicated that paint storage rooms must meet the flammable and combustible liquids standard (federal 1910.106) and that design and construction requirements for inside storage rooms are found at 1910.106(d)(4); see the interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2004-08-12 and consult California State Plan enforcement via 1952.7(c).

If a California employer wants to follow federal OSHA guidance referenced in a Letter of Interpretation, must the employer still follow California rules?

Yes — employers in California must follow the California State Plan's standards and enforcement rules even when federal OSHA guidance is relevant; federal Letters of Interpretation are useful for technical guidance but the State Plan agency implements and enforces the applicable State standards. See 1952.7(c) and the Part overview at 1952.

Under Part 1952, what should a safety manager in California do if they find a conflict between a federal OSHA interpretation and a California standard?

A California safety manager should follow the California State Plan standard enforced in the State and consult the State Plan agency for clarification, while noting federal interpretations may provide helpful technical context; see 1952 and the California coverage note at 1952.7(c).

Under 1952.7, how often are the State Plan coverage details or exceptions for California updated and where can I check for changes?

Coverage details and exceptions can change, so you should consult the California State Plan information referenced in 1952.7(c) and the Part overview at 1952 for current guidance and links to the State Plan office.