Definitions for state plan withdrawal

Under 1955.2(a)(1) "Act" means the Occupational Safety and Health Act of 1970. See the exact definition in 1955.2(a)(1). This is the governing federal statute that sets out the framework for State plans, approvals, modifications, and any withdrawal proceedings.

Under 1955.2(a)(2) the "Assistant Secretary" means the Assistant Secretary of Labor for Occupational Safety and Health. See the definition at 1955.2(a)(2). That official is the OSHA lead who oversees actions such as approval, modification, and withdrawal of State plans under the Act.

Under 1955.2(a)(3), "Commencement of a case" means the issuance of a citation for the purpose of determining State jurisdiction following a final decision withdrawing approval of a plan. See 1955.2(a)(3).

• Practical effect: when OSHA issues a citation after final withdrawal, that citation date is treated as the start of the enforcement case for jurisdictional purposes.
• Related authority: see the broader State-plan withdrawal and procedures in Part 1902.

Under 1955.2(a)(4), a "Developmental step" includes items listed in the published developmental schedule (and any revisions), items in the plan approved under section 18(c), and items in the approval decision subject to evaluations that are needed to make the State program at least as effective as the Federal program within the 3-year developmental period. See 1955.2(a)(4).

• Practical guidance: use the State’s published developmental schedule and any approval decision language to identify required steps.
• For tracking and evaluation details, consult the related procedures in Part 1953 (which addresses evaluations and follow-up during development).

Final approval means approval of the State plan (or a modification) under section 18(e) of the Act and subpart D of 29 CFR part 1902, while Initial approval means approval under section 18(c) of the Act and subpart C of 29 CFR part 1902. See 1955.2(a)(5) and 1955.2(a)(6).

• Practical effect: initial approval starts the developmental period with conditions to reach equivalence; final approval confirms the State plan met the required standards (see subparts C and D of Part 1902).

Under 1955.2(a)(7), a "Party" includes the State agency or agencies designated to administer and enforce the State plan that is the subject of withdrawal proceedings, the Department of Labor/OSHA (represented by the Office of the Solicitor), and any person participating under 1955.17. See 1955.2(a)(7) and see participation procedures in 1955.17.

• Practical point: outside parties (e.g., employers, unions, public-interest organizations) may seek to participate in withdrawal proceedings under the rules laid out in 1955.17.

Under 1955.2(a)(8), "Person" is defined broadly to include individuals, partnerships, associations, corporations, business trusts, legal representatives, organized groups of individuals, and agencies, authorities, or instrumentalities of the United States or of a State. See 1955.2(a)(8).

• Practical effect: many different kinds of entities can be parties or participants in related proceedings or affected by withdrawal determinations.

Under 1955.2(a)(9), "Secretary" means the Secretary of Labor. See 1955.2(a)(9). The Secretary (or designee) has roles in approving, modifying, or withdrawing State plans under the Act and related regulations.

Under 1955.2(a)(10), a "Separable portion of a plan" generally means an issue as defined in 29 CFR 1902.2(c) — i.e., an industrial, occupational, or hazard grouping that is at least as comprehensive as corresponding groupings contained in one or more sections in subpart B or R of part 1910 or one or more of the remaining subparts of part 1910. See 1955.2(a)(10), 1955.2(a)(10)(i), 1955.2(a)(10)(ii), and 1902.2(c).

• Practical examples: a separable portion can map to one or more sections in subpart B or subpart R of 29 CFR 1910 (e.g., specific machine standards or hazard groupings).
• The Assistant Secretary may also determine other administratively practicable groupings to be separable portions when appropriate (see the proviso in 1955.2(a)(10)).

Yes. Under 1955.2(a)(10)(i) and 1955.2(a)(10)(ii), a separable portion can be an industrial, occupational, or hazard grouping that is at least as comprehensive as one or more sections in subpart B or R of part 1910 or one or more of the remaining subparts of part 1910. See also the definition of "issue" in 1902.2(c).

• Practical takeaway: when evaluating partial withdrawal or focused remediation, regulators look to the structure of 29 CFR 1910 subparts to identify logically separable groupings of requirements that can be treated independently.

Under 1955.2(b), "[Reserved]" means that the paragraph is intentionally left blank and contains no regulatory text at this time. See 1955.2(b).

• Practical note: a reserved paragraph may be used later to add a new definition or rule; currently there is no separate requirement or definition in that subsection.

Under 1955.2(a)(3), the date a citation is issued is treated as the "commencement of a case" for determining State jurisdiction following a final decision withdrawing approval of a plan. See 1955.2(a)(3) and the related withdrawal procedures in Part 1902.

• Practical implication: if a State plan has been withdrawn, the issuance date of an OSHA citation marks the formal start of the enforcement action; jurisdictional questions will hinge on that date and the withdrawal decision timeline.

Yes. Under 1955.2(a)(10), OSHA can treat certain industrial, occupational, or hazard groupings as "separable portions of a plan" (see also 1902.2(c)). The withdrawal process itself is governed by the procedures in Part 1902, including rules for initial/final approvals and modifications.

• Practical effect: OSHA may withdraw approval for targeted sections (for example, a particular 29 CFR 1910 subpart or grouping) instead of withdrawing the entire State plan, when those separable portions are identified as not being at least as effective as the Federal standards.

A State should document each required action listed in its published developmental schedule (and any approved revisions), the specific elements included in the initial approval, and any items in the approval decision subject to evaluation; these items are "developmental steps" under 1955.2(a)(4). See also evaluation guidance in Part 1953.

• Suggested documentation items: a dated developmental schedule, status updates for each step, evidence of enacted regulations or enforcement capability, training records, and evaluation reports cited in the approval decision.
• Practical benefit: clear records help demonstrate progress toward making the State program "at least as effective" as the Federal program within the 3-year period.

Under 1955.2(a)(7), third parties may participate in withdrawal proceedings as "persons participating" under the procedures established in 1955.17. See those provisions for the formal mechanism.

• Practical steps: consult 1955.17 to learn how to request participation, the timing and scope of participation, and any filing or procedural requirements.
• Tip: timely requests and clear statements of interest will help the adjudicative officer determine whether participation is appropriate.