General policies for state plans

The Assistant Secretary will approve a State plan only if it provides an occupational safety and health program for public employees that in his judgment meets or will meet the criteria set out in 1956.10. See the policy in 1956.2(a) and the general part title at 1956.

Yes. A State plan may be approved on a developmental basis if it includes satisfactory assurances the State will bring the program into conformity with 1956.10 within a 3-year period after the plan begins operation. See 1956.2(b) and the criteria in 1956.10.

A developmental plan must include the specific actions the State will take and a time schedule (with dates) for intermediate and final actions so the plan meets 1956.10 within 3 years. See 1956.2(b)(1) and the overall rule at 1956.2.

• Include dates for intermediate and final milestones.
• Keep the total schedule within the 3‑year limit.

At approval, the plan must contain basic State legislative and/or executive authority under which the plan will operate, even if some program elements remain developmental. See 1956.2(b)(1) and 1956.2.

• Administrative activities (like phased application of standards, enforcement stages, staffing, or regulation development) may be phased in, but foundational legal authority must already exist.

The developmental plan must include a statement of the Governor’s support for the proposed legislation or executive order. See 1956.2(b)(1)(i) and the surrounding requirements in 1956.2(b)(1).

The plan must include a statement of legal opinion that the proposed legislation or executive action will meet the requirements of the Act and part 1956 in a manner consistent with the State’s constitution and laws. See 1956.2(b)(1)(ii) and the broader 1956.2(b)(1).

The Assistant Secretary will approve the plan if there is a reasonable expectation that the plan will meet the criteria in 1956.10 within the stated 3‑year period. See 1956.2(b)(2) and the approval policy in 1956.2.

If, after notice and an opportunity for a hearing, the Assistant Secretary finds the State has not substantially completed the developmental steps by the end of 3 years, the Assistant Secretary shall withdraw approval of the plan. See 1956.2(b)(3) and the general approval policy at 1956.2.

The Assistant Secretary will wait at least 1 year of evaluating the plan's actual operations after the State completes all developmental steps before determining the State is fully applying the criteria in 1956.10. See 1956.2(b)(3) and 1956.2.

No. A State plan for public employees must provide coverage of both State and local government employees to the full extent permitted by State law and the constitution. See 1956.2(c)(1) and the overview at 1956.2.

It means the plan may exclude employees of political subdivisions only where the State lacks constitutional authority to regulate those subdivisions; otherwise the plan must cover those employees. See 1956.2(c)(1) and the general policy at 1956.2.

A State may exclude a grouping only if the Assistant Secretary finds the State has shown there is no necessity for such coverage. See 1956.2(c)(2) and the broader 1956.2.

Administrative actions that may be developmental include staged application of standards and enforcement, related staffing, and development of regulations. However, the plan must already include the basic legislative or executive authority to carry out these actions. See 1956.2(b)(1) and 1956.2.

If a State plan approved under part 1902 is discontinued (except for its public employee component) or becomes approved after approval under part 1956, the developmental period that applied to the public employee component of the earlier plan remains controlling. See 1956.2(b)(3) and 1956.2.

Yes, for good cause a State may demonstrate it needs additional time to make adjustments when transferring from one type of plan to another, but the State must show good cause. See the allowance for extensions in 1956.2(c) and the overall plan policy at 1956.2.

The Assistant Secretary will measure a plan’s effectiveness against the indices in 1956.11 when determining whether the plan’s standards are at least as effective as Federal standards under section 6 of the Act. See the reference to [1956.11] (https://www.osha.gov/laws-regs/regulations/standardnumber/1956) in 1956.2(b) and the main part at 1956.

The State must submit a copy of the appropriate order, bill, or draft legislation proposed for enactment, together with a statement of the Governor’s support and a legal opinion that the action will meet the Act and part 1956 requirements consistent with the State constitution and laws. See 1956.2(b)(1), 1956.2(b)(1)(i), and 1956.2(b)(1)(ii).

A State must demonstrate that it is constitutionally unable to regulate occupational safety and health conditions in that political subdivision; only then may those employees be excluded. See 1956.2(c)(1) and the general scope rule at 1956.2.

The plan must provide for the development and enforcement of standards relating to hazards in employment that are or will be at least as effective in protecting public employees as standards promulgated and enforced under section 6 of the Act. See 1956.2(b) and the main part at 1956.

Before withdrawal, the Assistant Secretary must afford the State notice and an opportunity for a hearing. If after that process the State is found not to have substantially completed the developmental steps, approval shall be withdrawn. See 1956.2(b)(3) and 1956.2.