State plan evaluation procedures

Under 1954.1(a), Section 18(f) requires the Assistant Secretary to make a continuing evaluation of each approved State plan based on reports submitted by the State agency and OSHA's own inspections.

• The evaluation is ongoing, not a one-time review, and uses both State-submitted reports and OSHA inspection information as the factual basis.
• See also the underlying statute language in 18(f).

Under 1954.1(b), Part 1954 applies to the Section 18(f) provisions for evaluating approved State plans for developing and enforcing State occupational safety and health standards.

• Part 1954 sets the policies and procedures that the Assistant Secretary (under the Secretary's delegation) will use to monitor and evaluate State plan operation and administration.

Under 1954.1(c), the period of concurrent Federal and State enforcement must last for at least three years after a State plan is approved.

• "Concurrent" means both Federal and State authorities have enforcement power during that time.

Under 1954.1(c), the Assistant Secretary must determine that the State plan, in actual operation, is meeting the criteria of Section 18(c) of the Act, including the requirements in Part 1902 and the assurances contained in the plan approval.

• Only after an affirmative determination that the plan is effectively meeting those statutory and regulatory criteria can Federal enforcement authority be ended.

Under 1954.1(c), after an affirmative determination under section 18(e), the provisions of sections 5(a)(2), 8 (except for carrying out section 18(f)), 9, 10, 13, and 17 of the Act do not apply with respect to occupational safety or health issues covered under the approved State plan.

• Note: 8 is retained for the limited purpose of carrying out section 18(f) evaluations.

Under 1954.1(c), the Assistant Secretary may retain jurisdiction under the cited Act provisions for any proceeding that was commenced under section 9 or 10 before the date of the affirmative determination under section 18(e).

• That means OSHA can continue to pursue enforcement or adjudicatory actions it already started even after Federal enforcement responsibility otherwise ends.

Under 1954.1(d), no — the operation and administration of the State plan will continue to be evaluated under section 18(f) even after an affirmative determination has been made under section 18(e).

• Ongoing oversight remains a statutory obligation to ensure continued compliance and proper administration of the State plan.

Under 1954.1(b), the Assistant Secretary for Occupational Safety and Health, acting under a delegation of authority from the Secretary of Labor, will continually monitor and evaluate the operation and administration of approved State plans.

• The delegation referenced in the provision authorizes the Assistant Secretary to carry out the monitoring responsibilities.

Under 1954.1(a), evaluations are based on reports submitted by the State agency and on OSHA's own inspections.

• Both routine State reporting and Federal inspection activity feed into the continual evaluation required by Section 18(f) (18(f)).

Under 1954.1(c), Part 1902 contains requirements that the Assistant Secretary will consider when determining whether a State plan, in actual operation, meets the criteria of Section 18(c) of the Act.

• Evaluations check that a State's procedures and practices conform to the procedural requirements set out in Part 1902, as well as the assurances in the approved plan.

Under 1954.1(c), the "assurances in the approval plan itself" are the specific commitments and conditions a State made and OSHA accepted when approving the plan; the Assistant Secretary must verify that the State is honoring those commitments in actual practice.

• These assurances can include procedural guarantees, staffing, enforcement practices, or other elements that were part of the approved plan and are evaluated alongside the statutory criteria and Part 1902 requirements.

Under 1954.1(c), if an affirmative determination that the State plan meets Section 18(c) criteria has not been made, Federal enforcement authority remains in effect — the period of concurrent Federal and State enforcement continues.

• The regulation requires at least three years of concurrent enforcement and the Assistant Secretary must be satisfied the plan works in practice before ending Federal enforcement.

Under 1954.1(c) and 1954.1(d), yes — Federal OSHA retains inspection and enforcement authority during the concurrent period and uses those inspections as part of the ongoing evaluation under Section 18(f).

• Federal inspections and State reports together inform the Assistant Secretary's determination about whether to end Federal enforcement.

Under 1954.1(c), the evaluation must assess the State plan "in actual operation," not just the written plan or paperwork.

• The Assistant Secretary looks at on-the-ground performance — inspection activity, enforcement outcomes, and whether the plan's assurances are being met in practice — when deciding compliance with Section 18(c) and Part 1902 requirements.

Under 1954.1(a), no — evaluations are made on the basis of both the reports submitted by the State agency and OSHA's own inspections, meaning State reports alone are not the sole basis for the continuing evaluation required by Section 18(f).

• OSHA expressly combines State reporting and Federal inspection findings to reach evaluation conclusions.

Under 1954.1(a), Section 18(f) of the OSH Act gives the Secretary (delegated to the Assistant Secretary) the authority to make a continuing evaluation of how each approved State plan is being carried out. See 18(f).

• The regulation in Part 1954 implements that statutory mandate and describes how the Assistant Secretary will perform that ongoing oversight.

Under 1954.1(c), once the Assistant Secretary makes an affirmative determination under section 18(e), the specified Federal provisions — including the general duty clause as codified in 5(a)(2) and sections 9, 10, 13, and 17 — do not apply with respect to occupational safety or health issues covered under the approved State plan, except where OSHA retains jurisdiction for earlier proceedings.

• This means OSHA steps back from enforcing those Federal provisions for hazards covered by an approved State plan once the affirmative determination is made.

Under 1954.1(b) and 1954.1(c), a State plan should maintain operations that demonstrate it meets the criteria in Section 18(c) and the requirements of Part 1902, and be ready to provide regular reports and support Federal inspections.

• Practically, that means keeping accurate records, following the commitments in the approved plan, cooperating with OSHA inspections, and promptly supplying required reports so the Assistant Secretary can verify the plan’s actual operation.