Purpose and scope

The purpose of Part 1956 is to make the protections of the Occupational Safety and Health Act available to State and local government employees in States that do not have an approved private employee plan by setting procedures for State plans submitted under section 18. See the purpose statement in 1956.1(a) and the general Part 1902 framework for State plans.

State and local government (public) employees are the ones covered when a State submits a plan under this part in a State that does not have an approved private employee plan. See 1956.1(a).

A State may submit a plan only for occupational safety and health issues for which a Federal standard has been promulgated under section 6 of the Act and that meet the definition of an "issue" in the regulations. See 1956.1(a) and the definition in 1902.2(c)

No — State plans covering public employers do not always have to rely on monetary penalties as the primary enforcement tool; the regulation advises consideration of other approaches because monetary penalties may not be appropriate in every public sector context. See the guidance in 1956.1(b).

Procedures for public-employee State plans should be adapted to reflect differences between public and private employment, including adjustments for the lack of typical Federal enforcement authority over public employers. The part directs States to adapt private-employee plan procedures as appropriate. See 1956.1(a) and 1956.1(b).

A State plan covers an occupational category in public employment when Federal standards are in effect with regard to hazards found in that public employment and the category qualifies as an "issue" under the regulations. See 1956.1(a) and the definition in 1902.2.

Section 1902 provides the general procedures and standards that govern the approval, continued evaluation, and operation of State plans; those procedures are adapted for plans submitted under section 18 as described in Part 1956. See 1902 and 1956.1(a).

No — Part 1956 is intended for State plans that provide protections to State and local government employees where there is no approved private employee plan; it does not authorize using this part to extend coverage to private employees. See 1956.1(a).

No — section 18(b) permits States to submit plans only for occupational safety and health issues for which a Federal standard has been promulgated under section 6; therefore the hazard must have a corresponding Federal standard. See 1956.1(a) and the related 1902.2.

An "issue" for State plan submissions is defined as any industrial, occupational, or hazard grouping that is administratively practicable and not in conflict with the purposes of the Act; this definition appears in 1902.2(c) and is cited by 1956.1(a).

A State should adjust private-employee plan procedures to account for the lack of Federal enforcement authority over public employers by choosing enforcement tools and administrative processes appropriate for public-sector contexts. See the discussion in 1956.1(b).

States are required to provide protections consistent with the Act and Federal standards, but Part 1956 specifically provides for adapting the procedures and requirements to the public-employee context rather than demanding verbatim adoption in every case. See 1956.1(a) and 1956.1(b).

Public employees — State and local government workers — benefit from an approved State plan under section 18 when no private-employee plan is in effect, because it assures them the Act's protections. See 1956.1(a).

No — the regulation notes that the lack of federal enforcement authority over public employers requires adjustments when adapting private-employee plan procedures for public-employee plans. See 1956.1(b).

Adjustments might include alternative compliance mechanisms, different penalty structures, or administrative processes tailored to public-sector governance, since monetary penalties and typical federal enforcement approaches may not be appropriate in all cases. The regulation advises consideration of these differences in 1956.1(b).

This part adapts the general procedures and requirements in 1902 for the special situation where a State plan under section 18 covers only public employees; it uses 1902's framework but modifies it as needed for public-sector application. See 1956.1(a) and 1902.

The occupational category must qualify as an "issue" that is administratively practicable and not in conflict with the Act; that allows States flexibility to group occupations or hazards in a way that is administratively practicable while still aligning with applicable Federal standards. See 1956.1(a) and the definition of "issue" in 1902.2(c).

States may submit plans covering public employees under section 18(b) of the Occupational Safety and Health Act, a point reflected in the procedural framework adopted by Part 1956. See 1956.1(a) and the general 1902 framework.