Petitions for state plan withdrawal

Any interested person may file a petition to initiate withdrawal proceedings under 1955.5(a).

• "Interested person" is broad and can include workers, employers, trade associations, unions, or other members of the public. The petition must be in writing and explain the grounds and supporting facts for initiating withdrawal.

The petition must include a written statement of the grounds for initiating withdrawal proceedings and the facts that support those grounds, as required by 1955.5(a).

• Provide specific facts, dates, examples, and any supporting documents that show why the State plan should be reviewed for possible withdrawal.

The Assistant Secretary may request more facts and take other actions considered appropriate, such as publishing the petition for public comment, holding informal discussions, or holding an informal hearing under 1955.5(b)(1).

• Specific examples listed include publishing the petition for comment (1955.5(b)(1)(i)), holding informal discussions with the State and others (1955.5(b)(1)(ii)), and holding an informal hearing in accordance with 1902.13 (1955.5(b)(1)(iii)).

Publishing a petition for public comment means the Assistant Secretary may make the petition available to the public and invite written comments before deciding on further action, as provided in 1955.5(b)(1)(i).

• Public comment lets interested parties add facts, perspectives, or objections that the Assistant Secretary can consider in the withdrawal proceeding.

Yes; the Assistant Secretary may hold informal discussions about the petition with the State and other affected persons under 1955.5(b)(1)(ii).

• Participants commonly include State officials, the petitioner, employers or workers affected by the State plan, and other stakeholders to clarify issues and try to resolve concerns before formal proceedings.

An informal hearing is a proceeding the Assistant Secretary may hold to consider the petition and is conducted in accordance with 1902.13, as referenced in 1955.5(b)(1)(iii).

• The referenced 1902.13 describes procedures for informal hearings, including notice, participation, and how issues are considered; if an informal hearing is scheduled, the parties will be notified and given an opportunity to present facts and arguments.

A petition must be considered and acted upon within a reasonable time, and prompt notice of a denial (in whole or in part) must be given with a brief statement of the grounds for the denial, per 1955.5(b)(2).

• The regulation does not set a fixed number of days; "reasonable time" and "prompt" depend on the circumstances. The denial notice must explain why the petition (or part of it) was denied.

No. A denial of a petition does not preclude future action on the same issues or any other issues raised regarding a State plan, as stated in 1955.5(b)(2).

• Petitioners may submit new information or raise the same concerns again in the future.

You should include specific facts, examples, dates, documents, data, and references that show the State plan fails to meet statutory or regulatory requirements, because 1955.5(a) requires a statement of grounds and supporting facts.

• Useful evidence includes records of enforcement gaps, statutory or regulatory conflicts, documented failures to protect worker safety, audit findings, inspection reports, and witness statements.

No; filing a petition does not automatically withdraw or suspend a State plan—filing only begins a process that the Assistant Secretary may investigate and act on under 1955.5(a) and the procedures in 1955.5(b).

• The Assistant Secretary may request additional facts, publish the petition, hold discussions, or hold an informal hearing before any decision to withdraw approval.

Yes; the Assistant Secretary may request additional facts from the petitioner as part of evaluating the petition under 1955.5(b)(1).

• Be prepared to provide clarifying documents, data, or witnesses if requested to support the petition's claims.

The State, the petitioner, and other affected persons may participate in reviews, public comment, informal discussions, or informal hearings as provided by 1955.5(b)(1) and the referenced 1902.13 procedures.

• Participation opportunities may include submitting written comments, attending discussions, and presenting facts or arguments at an informal hearing.

No; 1955.5(a) requires the petition be in writing and state the grounds and facts, but it does not specify the mailing address or office to which petitions must be sent.

• For submission details (address, email, or procedural instructions), contact OSHA's regional office or the Office of the Assistant Secretary for guidance before filing.

Yes; employees, unions, and other workplace occupants qualify as "interested persons" and may file a written petition under 1955.5(a).

• Petitioners should present facts and evidence showing why the State plan should be reviewed for possible withdrawal.

If an informal hearing is ordered, it will follow the procedures in 1902.13 as referenced by 1955.5(b)(1)(iii), and the petitioner will have an opportunity to present facts and arguments.

• Expect notice of the hearing, instructions on participation, and a chance to submit evidence or witnesses. Check 1902.13 for detailed procedures on how the hearing will be conducted.

Yes; a partial denial does not prevent future action on the denied issues, and you may submit new or additional information in the future, as stated in 1955.5(b)(2).

• Consider gathering more evidence, correcting factual gaps, or addressing legal grounds before resubmitting.