State plan approval procedures

This part implements the State-plan provisions of section 18 of the OSH Act for State development and enforcement of occupational safety and health standards. The rule in 1953.1(a) explains that State plans must meet the criteria in section 18(c) of the Act and either part 1902 (for plans covering private sector plus State and local government employers) or part 1956 (for plans covering only State and local government employers).

Developmental State plans must put required program elements in place within three years of starting operations. 1953.1(a) states that a developmental plan must meet part 1902 or part 1956 either at submission or within the three-year period immediately following commencement of the plan's operation.

A State must assure it will continue to meet section 18(c) of the OSH Act and the applicable Federal plan rules (part 1902 or part 1956) so its program remains "at least as effective" as the Federal program. 1953.1(b) says those assurances are a fundamental basis for plan approval and references 1902.3 and 1956.2 for related requirements.

The main types are developmental changes, Federal Program Changes, evaluation changes, and State-initiated changes. 1953.1(c) defines each type and explains that while submission requirements differ by type, all supplements are processed under 1953.6.

Developmental changes are the program components a State promised but had not yet established at initial approval, and they must be completed within the approved three-year developmental schedule. 1953.1(c) explains that such commitments appear in the developmental schedule that is part of the initial plan and must be fulfilled within the three-year period after the plan begins operation.

A Federal Program Change is an update in the Federal OSHA program that may require the State to change its plan to remain at least as effective as the Federal program. 1953.1(c) says the State must submit plan supplements as needed to keep pace with Federal changes, and those supplements are processed under 1953.6.

An evaluation change is a modification made because ongoing reviews of the State program show a need for improvement or correction, and the State should submit a plan supplement to OSHA when such changes affect the program's assurances or effectiveness. 1953.1(c) explains that evaluation changes are one of the types of changes that must be documented for OSHA review under 1953.6.

State-initiated changes are modifications to a State program's safety and health requirements or procedures that the State implements without a Federal parallel, and they must be reported because they could affect program effectiveness. 1953.1(c) requires that such changes be documented in a plan supplement and processed in accordance with 1953.6.

Sections 1902.3 and 1956.2 provide details on the types of assurances and plan requirements States must meet when submitting plans, and 1953.1(b) explicitly references them as related authorities. In short, those sections describe how a State demonstrates it will maintain a program that is at least as effective as the Federal program.

For approval, a State's plan must establish and enforce standards and procedures that achieve outcomes at least equivalent to the Federal program's protections. 1953.1(a) states approval is based on a finding the State has or will have a program that is "at least as effective" as the Federal program, and related procedures for demonstrating that are found in 1902 or 1956 depending on coverage.

A State must submit a plan supplement whenever changes—developmental, Federal Program, evaluation, or State-initiated—affect the program's assurances or effectiveness, and all such supplements are processed under 1953.6. 1953.1(c) requires documentation of these changes in a supplement.

A State plan can cover either both private sector and State/local government employers or only State and local government employers, but it must follow the corresponding Federal plan rules. 1953.1(a) explains that plans covering both groups must meet part 1902 while plans covering only State and local government employers must meet part 1956.

All plan supplements—no matter the change type—are processed according to the procedures in 1953.6. 1953.1(c) states that while submission requirements vary by type of change, the review and processing follow 1953.6.

If a State does not provide the required assurances, its plan may not be approved because those assurances are a fundamental basis for approval. 1953.1(b) emphasizes that assurances demonstrating continued compliance with section 18(c) of the Act and with part 1902 or part 1956 are essential for approval.

Yes—provided the State includes a developmental schedule showing which elements will be completed and completes them within three years of starting operations. 1953.1(a) allows developmental plans that meet the applicable parts either at submission or within three years, and 1953.1(c) describes those developmental commitments.

A developmental schedule should list the specific program components the State will establish, the commitments made at initial approval, and target completion dates within the three-year period. 1953.1(c) says these commitments are approved as part of the initial plan and must be completed as scheduled.

OSHA decides whether the State's program is or will be "at least as effective" as the Federal program based on the plan, assurances, and supplements submitted by the State. 1953.1(a) makes approval contingent on that finding, with supporting procedures in 1902 or 1956.

Assurances are ongoing: a State must continue to meet section 18(c) and the applicable parts so its program remains at least as effective as the Federal program. 1953.1(b) states that the assurances provided on submission are a fundamental basis for approval and imply continuing compliance, with related detail in 1902.3 and 1956.2.

When a Federal program change could affect the comparability or effectiveness of the State program, the State must submit a plan supplement to document how it will address or incorporate the Federal change. 1953.1(c) instructs States to keep pace with Federal changes and process supplements under 1953.6.

Yes—OSHA sets the procedures for reviewing and processing all State plan supplements in 1953.6, and 1953.1(c) points States to that section for supplement processing.