Submission of plan supplements

A State must notify OSHA when it completes a developmental step or when it fails to meet a developmental step. See 1953.4(a) and the requirement in 1902.2(b).

• If the step is completed by adopting the Federal component identically, the State may submit simple documentation (for example, the cover page of an implementing directive) within 60 days, per 1953.4(a)(2).

A State may submit brief documentation such as the cover page of an implementing directive or a notice of promulgation within 60 days of adoption to show it has adopted the Federal component identically. See 1953.4(a)(2).

• The State must keep the underlying documents available for Federal and public review on request.

A State must submit one copy of the required plan supplement within 60 days of adopting policies or procedures that differ from the Federal program. See 1953.4(a)(3).

• The supplement should include the relevant legislation, regulation, policy, or procedure and documentation showing the change keeps the plan "at least as effective as" the Federal program.

A State must submit a supplement documenting the impact of the missed step, explain why it was missed, provide a revised timetable (generally not to exceed 90 days), and any other actions needed to ensure completion. See 1953.4(a)(4).

• If the State has an operational status agreement under 1954.3, it must also assure that the missed step won't affect enforcement effectiveness in operational areas.

OSHA will notify the State that documentation or a supplement is required and set a timetable for submission, generally not to exceed 60 days. See 1953.4(a)(5).

• The notification serves as a formal request and sets the new deadline for the State to provide the materials.

A State is required to adopt a change when a Federal program change would have an adverse impact on the State’s "at least as effective" status if a parallel State modification were not made. See 1953.4(b).

• Examples that typically require State action include changes in the Act, promulgation or revision of OSHA standards, or national policy changes (1953.4(b)(2)).

Examples include a change in the Act, promulgation or revision of OSHA standards or regulations, or changes in policy or procedure of national importance. These are the kinds of Federal changes that would normally require a State to respond to preserve the "at least as effective" status. See 1953.4(b)(1) and 1953.4(b)(2).

OSHA normally gives States six months from the date of notification to adopt the corresponding change or submit a statement explaining why a change is not necessary. See 1953.4(b)(3).

• OSHA may set a different timeframe when the Assistant Secretary determines the nature or scope of the change requires it (for example, when legislative action is needed or when a shorter time is necessary for major national policies).

If a State adopts a change that differs from the Federal change, the State must submit one copy of the required supplement within 60 days of State adoption. See 1953.4(b)(4).

• The supplement should include the relevant legislation, regulation, policy, or procedure and documentation showing the plan remains "at least as effective as" the Federal program.

No—if the State adopts a change identical to the Federal program change, it is not required to submit a supplement, but it must provide documentation (such as a cover page of an implementing directive or notice of promulgation) within 60 days of adoption. See 1953.4(b)(5).

• The State should retain other underlying documentation and make it available for review upon request.

A State can submit documentation demonstrating that its existing State program is already the same as or at least as effective as the Federal program change; such submissions will be reviewed and approved under 1953.6. See 1953.4(b)(6).

• The submission should clearly explain how the State's procedures achieve at least the same effectiveness as the Federal change.

An evaluation change is triggered when OSHA’s special or periodic evaluations show that part of a State plan adversely impacts program effectiveness and requires modification; OSHA must advise the State of the evaluation findings, explain the reasons, and give a date by which the State must make the change. See 1953.4(c) and 1953.4(c)(2).

• The State must then submit either the change supplement, a timetable, documentation of adoption of an identical Federal component, or a justification why a change is unnecessary.

If the State adopts a component that differs from the Federal component, it must submit one copy of the required supplement within 60 days including the relevant texts and documentation showing the change keeps the plan "at least as effective as" the Federal program (1953.4(c)(3)). If the adoption is identical to the Federal component, submission of a supplement is not required (1953.4(c)(4)).

• Even when identical, the State must provide documentation of adoption and keep underlying records available for review as required under 1953.4(c)(5).

Yes—a State may demonstrate why a program change is not necessary because its program already meets the "at least as effective" requirement; that submission will be reviewed under 1953.6. See 1953.4(c)(5).

• The State’s justification should include evidence showing how its current laws, policies, or procedures achieve equal or greater effectiveness.

A State-initiated change is any optional change the State makes to its plan (legislative, regulatory, administrative, policy, or procedural) that impacts effectiveness; the State must notify OSHA as soon as it becomes aware of a change that could affect approval criteria and submit a supplement within 60 days. See 1953.4(d) and 1953.4(d)(2).

• For other State-initiated supplements not affecting approval criteria, the supplement must be submitted within 60 days after the change occurred.

A State-initiated change supplement must contain a copy of the relevant legislation, regulation, policy, or procedure and documentation explaining how the change maintains the "at least as effective as" status of the State plan. See 1953.4(d)(2).

• If the State fails to notify OSHA or submit the supplement within the time period, OSHA will notify the State and set a deadline generally not to exceed 30 days (1953.4(d)).

The supplement must include a copy of the relevant legislation, regulation, policy, or procedure and documentation showing how the change keeps the plan "at least as effective as" the Federal program. See 1953.4(b) and 1953.4(d)(2).

• This ensures OSHA can evaluate whether the State change maintains program effectiveness.

Not necessarily—a Federal change that only establishes procedures necessary to implement a policy or regulation does not require a State response, although the State is expected to have policies and procedures that are "at least as effective" and make them available for review on request. See 1953.4(b).

• If the State’s existing procedures already achieve equal or better effectiveness, no supplement may be required provided the State can document that.

The State must provide documentation, such as the cover page of an implementing directive or a notice of promulgation, within 60 days of adopting the change. See 1953.4(b)(5) and 1953.4(a)(2).

• The State should retain full underlying documentation for review upon request.

Generally, a State must submit required supplements within 60 days of adoption of a change, except where a missed developmental step may require a revised timetable (generally not to exceed 90 days) as described in 1953.4(a)(4). See 1953.4(d)(2) and other related paragraphs in 1953.4.

• OSHA may set shorter or longer deadlines in specific situations (for example, Assistant Secretary can set different timeframes under 1953.4(b)(3)).

The revised timetable generally should not exceed 90 days for completing a missed developmental step, according to 1953.4(a)(4).

• The supplement must also explain the impact of the missed step and steps the State will take to finish the work.

Yes—OSHA may require States to notify their intent prior to adoption when it advises States of a Federal program change requiring State action; the notice from OSHA will specify whether State notification of intent is required. See 1953.4(b)(3).

• The advisory will also include the date by which States must adopt the change or explain why a change is not necessary.

If the State fails to notify OSHA or submit the required supplement within the specified time, OSHA will notify the State that a supplement is required and will set a time period for submission, generally not to exceed 30 days. See 1953.4(d).

• This provides a final opportunity for the State to deliver the required information and support continued program approval.

Yes—when a Federal program change does not require State action but is of sufficient national interest, OSHA may require States to provide an indication of intent within a specified time frame. See 1953.4(b)(7).

• Such requests are typically administrative and intended to track State positions on nationally significant matters.

OSHA will review submissions that argue no change is necessary under the procedures set forth in 1953.6 and the broader Part 1953 requirements. See 1953.4(b)(6) and 1953.4(c)(5).

• States should follow the review and approval steps in 1953.6 when submitting these justifications.

"At least as effective as" means the State program must provide equal or greater protection and enforcement effectiveness compared to the Federal OSHA program; this requirement is set out throughout Part 1953 and is tied to approval criteria in 1902.2 and 1956.2. See 1953.4 for specific supplement submission rules.

• When submitting supplements, States must document how changes preserve the "at least as effective as" status (see 1953.4(b)).