State plan standards changes

Under 1953.5(a)(1), a State must promulgate a matching or at least-as-effective State standard within six months of the Federal promulgation. See the requirement in 1953.5(a)(1).

• The State may instead show that its existing standard is already the same as or at least as effective as the Federal change.
• The Assistant Secretary can grant a longer period if the State timely demonstrates good cause.

(Also see the general part overview at 1953.)

Under 1953.5(a)(1), yes — a State can avoid promulgating a new State standard if it demonstrates that the existing State standard is already the same as or at least as effective as the Federal change. See 1953.5(a)(1).

• The State must make and document that demonstration when responding to the Federal change.
• If the State does not make the demonstration, it must promulgate a State standard within six months.

Under 1953.5(a)(1), the effective date of the State standard (and any delayed provisions) must be either the State promulgation date or the Federal effective date — whichever is later. See 1953.5(a)(1).

• This rule prevents the State from making its standard effective before the Federal standard becomes effective.
• If the State needs more time, it must request an extension and show good cause to the Assistant Secretary.

Under 1953.5(a)(2), generally no — a State does not have to revoke its comparable State standard when the Federal standard is revoked or made less stringent. See 1953.5(a)(2).

• If the State intends to retain its existing State standard, it must notify OSHA of that intent within six months of the Federal promulgation date.
• If the State chooses to adopt the Federal action instead, it must submit the appropriate documentation under 1953.4(b)(3) or 1953.4(b)(4).

Under 1953.5(a)(3), the State must submit the independently adopted permanent State standard as a plan supplement within 60 days of State promulgation in accordance with 1953.4(d). See 1953.5(a)(3) and 1953.4(d).

• This ensures the State-initiated standard is incorporated into the State plan paperwork in a timely way.

Under 1953.5(b)(1), a State has 30 days after the date of promulgation of a Federal emergency temporary standard to adopt a State ETS if the State plan covers the issue. See 1953.5(b)(1).

• OSHA will immediately advise States when a Federal ETS is published.
• A State may avoid adoption by demonstrating that its current State standard is already the same as or at least as effective as the Federal ETS.

Under 1953.5(b)(2), the State must advise OSHA within 15 days of the action it will take in response to the Federal emergency temporary standard. See 1953.5(b)(2).

• If the State promulgates its own ETS, required plan documentation must be submitted under 1953.4(b) and the plan supplement filed within 5 days of State promulgation.

Under 1953.5(b)(2), when a State promulgates an ETS in response to a Federal ETS, the required documentation or plan supplement must be submitted within 5 days of State promulgation. See 1953.5(b)(2) and the cross-reference to 1953.4(b).

• This accelerates paperwork for emergency measures so OSHA can promptly review State action.

Under 1953.5(b)(3), a State that adopts an emergency temporary standard on its own initiative must submit it as a plan supplement in accordance with 1953.4(c) within 10 days of promulgation. See 1953.5(b)(3) and 1953.4(c).

• The shorter 10-day filing period applies because the State initiated the emergency action.

Under 1953.5(b), the State standard must remain in effect for the duration of the Federal emergency temporary standard, which may not exceed six months. See 1953.5(b).

• This ensures continuous worker protection during the Federal ETS period.
• If the State promulgates its own ETS, it must follow the filing deadlines described in 1953.5(b)(2).

Under 1953.5(a)(3), not always — if section 18(c)(2) of the Act limits State authority for products in interstate commerce, the Federal modification may require the State to modify or revoke the comparable State standard unless the State can show that the State standard is required by compelling local conditions and does not unduly burden interstate commerce. See 1953.5(a)(3).

• A State asserting a compelling local conditions exception must document why the State requirement is necessary and how it avoids undue burden on interstate commerce.

Under 1953.5, State permanent standards adopted in response to a new or revised Federal standard must be submitted as a State plan supplement within 60 days of State promulgation in accordance with 1953.4(b). See 1953.5(a)(2) and 1953.4(b).

• The 60-day submission requirement applies to permanent standards; emergency standards have shorter submission deadlines.

Under 1953.4(b)(3) and 1953.4(b)(4), when a State adopts a change parallel to a Federal action it must submit the appropriate Federal program change documentation described in those subsections as part of its plan supplement. See 1953.4(b)(3) and 1953.4(b)(4).

• These cross-references tell the State what paperwork and justifications OSHA expects when aligning State rules with Federal changes.