State plan supplement review

Under 1953.6(a), OSHA reviews a State supplement to determine whether it is at least as effective as the Federal program and whether it meets the criteria in the Act, implementing regulations, and the State plan assurances. See 1953.6(a).

• If OSHA finds a defect or needs more information, OSHA will offer assistance and give the State an opportunity to clarify or correct the supplement. 1953.6(a).

Under 1953.6(b), OSHA will deem a State change identical when the differences are purely editorial and do not change the substance of the policy or the employers’ requirements. See 1953.6(b).

• This includes ‘‘plain language’’ rewrites of Federal or previously approved State standards that do not alter meaning or requirements. 1953.6(b).
• When OSHA makes this determination, it informs the State and no further review or Federal Register publication is required. 1953.6(b).

Under 1953.6(c), OSHA will generally seek public comment if a State program component differs significantly from the comparable Federal component and OSHA needs more information about its compliance with section 18(c) of the Act. See 1953.6(c).

• OSHA may also seek comment when a State standard applies to products in interstate commerce and there is a question whether the State requirement is required by compelling local conditions or unduly burdens interstate commerce under section 18(c)(2) of the Act. 1953.6(c).

Under 1953.6(d), if a plan change meets the approval criteria, OSHA will approve it and publish a notice announcing the approval in the Federal Register. See 1953.6(d).

• OSHA also reserves the right to reconsider the approval if later information comes to light. 1953.6(d).

Under 1953.6(e), OSHA will give the State a reasonable time—generally not to exceed 30 days—to submit a revised supplement or to show cause why a proceeding should not be started to reject the supplement or address failure to adopt the change. See 1953.6(e).

• OSHA may commence proceedings under the procedures in 1902.17 or Part 1955 of this chapter. 1953.6(e).

Under 1953.6(a), OSHA will offer assistance to the State and provide an opportunity to clarify or correct the supplement when OSHA finds a defect or needs more information. See 1953.6(a).

• The assistance can include guidance on how the supplement can be revised to meet the Act, implementing regulations, and the State plan assurances. 1953.6(a).

Under 1953.6(b), a plain-language rewrite that does not change the meaning or employer requirements is considered purely editorial and does not require further review or Federal Register publication. See 1953.6(b).

• OSHA will inform the State of its determination that the rewrite is identical to the Federal component. 1953.6(b).

Under 1953.6(c), OSHA may seek public comment and scrutinize whether a State standard applicable to products in interstate commerce is required by compelling local conditions or unduly burdens interstate commerce under section 18(c)(2) of the Act. See 1953.6(c).

• OSHA uses public comment to gather additional information needed to assess compliance with the Act’s criteria, including interstate commerce concerns. 1953.6(c).

Under 1953.6(d), OSHA can reconsider and reverse its approval if subsequent information is brought to its attention that warrants reconsideration. See 1953.6(d).

• The initial approval will be published in the Federal Register, but it is not final if new, significant information emerges. 1953.6(d).

Under 1953.6(e), if a State does not submit a revised supplement or show cause within the reasonable time (generally not to exceed 30 days), OSHA may commence proceedings for rejection of the supplement or for the State’s failure to adopt the change using the procedures in 1902.17 or Part 1955. See 1953.6(e).

• These procedures outline how OSHA handles formal challenges to a State plan supplement or noncompliance with required submission rules. 1902.17 1955.

Under 1953.6(a), OSHA does not have to approve a supplement immediately; OSHA will review it and, if defects or missing information are found, will offer assistance and give the State a chance to clarify or correct the supplement before approval. See 1953.6(a).

• Approval only follows when the supplement meets the Act, implementing regulations, and State plan assurances. 1953.6(a).

Under 1953.6(b), OSHA will inform the State when it determines that a change is purely editorial and therefore identical to the Federal component. See 1953.6(b).

• After this notification, no further OSHA review or Federal Register publication is required for that change. 1953.6(b).

Under 1953.6(c), OSHA may seek information about whether the State component is at least as effective as the Federal component and, for standards affecting interstate commerce, whether the State requirement is needed by compelling local conditions or unduly burdens interstate commerce under section 18(c)(2). See 1953.6(c).

• Public comment can help OSHA evaluate effectiveness, local necessity, economic impacts on interstate commerce, and practical implementation concerns. 1953.6(c).

Under 1953.6(e), OSHA will give the State a reasonable time to respond—usually up to 30 days—to submit a revised supplement or show cause why further proceedings should not begin; the phrase means OSHA normally expects action within about 30 days but may vary the period as appropriate. See 1953.6(e).

• If the State does not act within that period, OSHA may start formal procedures under 1902.17 or Part 1955. 1953.6(e).

Under 1953.6(a) and (c), OSHA evaluates whether the State supplement provides protections and enforcement that are at least as effective as the comparable Federal program component and meets statutory and regulatory criteria; when OSHA needs more evidence to make that judgment, it may request information or seek public comment. See 1953.6(a) and 1953.6(c).

• The review considers substance, enforcement capability, and whether any differences weaken workplace protections compared to the Federal standard. 1953.6(a).

Under 1953.6(a), OSHA checks that a State supplement meets the assurances the State gave in its approved plan—these assurances are part of the approval criteria used to determine whether the supplement is at least as effective as the Federal program. See 1953.6(a).

• If a supplement conflicts with those assurances, OSHA may find a defect and require clarification or correction. 1953.6(a).

Under 1953.6(e), OSHA may use the procedures in 1902.17 or Part 1955 when a State fails to submit a required supplement or does not correct a defective submission; the choice depends on which procedure is appropriate for the issue at hand. See 1953.6(e).

• 1902.17 contains procedures for terminating or modifying a State plan, while Part 1955 covers additional enforcement and administrative actions. 1953.6(e).

Under 1953.6(a) and (c), OSHA will seek additional information from the State, offer assistance to clarify or correct the supplement, and may solicit public comment if the difference is significant or raises questions under section 18(c) of the Act. See 1953.6(a) and 1953.6(c).

• OSHA uses these steps to ensure its final decision about approval is informed and consistent with the Act and regulations. 1953.6(a).