Effect of state plan withdrawal

After receipt of notice of withdrawal, the State plan (or any part of it) stops being in effect and Federal OSHA rules apply in that State immediately. This is stated in 1955.4(a).

• The transition is automatic upon receipt of the notice; employers and workers must follow the Federal Occupational Safety and Health Act requirements once the State plan is no longer in effect.
• If only part of a plan is withdrawn, that part ceases to be in effect while other parts may remain (subject to the withdrawal terms).
• See also Part 1955 for the overall procedures governing withdrawal of State plans.

Yes — under certain conditions the State may continue to enforce its standards for cases begun before the withdrawal notice, but only when those cases do not involve the reasons for withdrawal. This is provided by 1955.4(a).

• The State may retain jurisdiction in any case commenced before receipt of the notice "in accordance with section 18(f) of the Act."
• Retention is allowed only when the issues in the pending case do not relate to the reasons OSHA withdrew approval of the plan.
• If the pending case does relate to the basis for withdrawal, the Federal Act applies instead.

The notice of withdrawal operates constructively as notice of termination of all related grants authorized under section 23(g) of the Act, following the procedures in 1951.25(c). This is stated in 1955.4(b).

• In plain terms: when the withdrawal notice is issued, related Federal grants are treated as if they have been terminated and grant termination follows the process in 1951.25.
• Employers and State agencies should consult 1951.25(c) for the specific administrative steps and timing for grant termination.

Yes — if only part of a State plan is withdrawn, the portion withdrawn ceases to be in effect while the remaining approved parts can continue in effect. 1955.4(a) states that "such plan, or any part thereof, shall cease to be in effect."

• This means partial withdrawal is possible; the Federal Act applies to the withdrawn portions while the non-withdrawn portions remain effective until further action.
• Check with Federal OSHA and the State agency for guidance on which specific standards or programs were withdrawn and which remain active.

After withdrawal notice takes effect, Federal OSHA (the Federal Act) enforces applicable federal standards in that State unless the State lawfully retains jurisdiction over specific pending cases. This follows from 1955.4(a).

• Federal OSHA enforcement applies statewide for the matters covered by the withdrawn plan or part of the plan.
• The State may only continue enforcement for certain pending cases that began before the withdrawal notice and do not relate to the withdrawal reasons.

Yes — the State may retain jurisdiction for pending cases "in accordance with section 18(f) of the Act," as stated in 1955.4(a).

• That means the State must follow the procedures and limitations set out in section 18(f) of the Occupational Safety and Health Act when deciding to continue enforcing standards in pending cases.
• If the pending case’s issues are related to the reasons for withdrawal, the State cannot retain jurisdiction for those issues.

When withdrawal operates constructively as notice of termination of related grants, the termination follows the administrative procedures set out in 1951.25(c), as stated in 1955.4(b).

• 1951.25 contains the general grant termination rules; subsection (c) addresses specific consequences and timing for termination related to withdrawal actions.
• State agencies and grant recipients should consult 1951.25(c) for required notices, due process, and any disposition of unexpended funds.

The withdrawal notice causes the portions of the State plan that were approved to cease being in effect, so any program activities that depend on the withdrawn plan authority are no longer effective; federal requirements then apply. See 1955.4(a).

• Some program activities (like state-run training or consultation) may continue under separate authority or contract, but any enforcement or standards-applying activity that relied on the approved plan is no longer effective with respect to the withdrawn parts.
• For clarity about specific programs (training, consultation, inspection), State agencies should coordinate with Federal OSHA to determine which activities must transition to federal oversight.

If the citation arose from a case commenced before the State received the withdrawal notice and the citation’s issues do not relate to the withdrawal reasons, the State may retain jurisdiction and handle follow-up enforcement. This is authorized by 1955.4(a).

• If the issues do relate to why the plan was withdrawn, Federal OSHA would instead apply and handle follow-up enforcement.
• Employers should confirm with the State agency and Federal OSHA which authority will handle appeals, penalties, or abatement related to that citation.

The withdrawal notice operates constructively as notice of termination of related grants, but grant termination procedures follow 1951.25(c), so additional administrative steps and notices required by that section may still be necessary. See 1955.4(b).

• In practice, the withdrawal notice starts the termination process, but 1951.25 lays out required communications, timelines, and due-process elements that grantees should expect.
• Grant recipients should review 1951.25(c) and coordinate with the granting agency for any required written notices or steps.

The official rule text about the effect of withdrawing approval of a State plan is in 1955.4 of Part 1955. The section includes both paragraph (a) on the cessation of plan effect and paragraph (b) on constructive termination of grants.

• Review 1955 for the complete procedures for withdrawal of approval of State plans and see 1955.4(a) and 1955.4(b) for the specific provisions discussed here.