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OSHA 1956.20

State plan approval procedures

Subpart C

12 Questions & Answers

Questions & Answers

Under 1956.20, which procedures apply to submission, approval, and rejection of State plans under part 1956?

Under 1956.20, the procedures in subpart C of part 1902 apply to submissions, approvals, and rejections of State plans under part 1956, with one limited exception. See Procedures in 1902.20 for the full process and 1956.20 for the specific cross-reference.

Under 1956.20, is any information excluded from the approval decision for a State plan?

Yes. Under 1956.20, the information required in 1902.20(b)(1)(iii) is not included in the written decision of approval for a State plan submitted under part 1956. See 1956.20 for the exception.

Under 1956.20, do I still need to include the information listed in 1902.20(b) when I submit a State plan under part 1956?

Yes. Under 1956.20 you must follow the submission checklist in 1902.20(b) when preparing a State plan under part 1956, even though the specific item in 1902.20(b)(1)(iii) will not appear in the approval decision. See 1956.20 for the applicability statement.

Under 1956.20, does the exclusion of 1902.20(b)(1)(iii) affect OSHA's review of the submission?

No; under 1956.20 the exclusion only affects the content of the written approval decision, not OSHA's review. The submission is still evaluated under the procedures of 1902.20, but the material identified in 1902.20(b)(1)(iii) will not be included in the formal approval decision document. See 1956.20.

Under 1956.20, which State plans are covered by this rule?

Under 1956.20 the rule applies to State plans submitted under part 1956 for the development and enforcement of State standards that cover State and local government employees in States that do not have an approved private-employee plan. See Part 1956 and 1956.20 for scope details.

Under 1956.20, when preparing a submission should I treat the excluded 1902.20(b)(1)(iii) material as optional?

No. Under 1956.20 you should still prepare and submit the material identified by 1902.20(b); the only difference is that the specific item in 1902.20(b)(1)(iii) will not be included in the written approval decision. In other words, include it in the submission but expect it not to appear in the decision document. See 1956.20.

Under 1956.20, how should a State expect to receive notice if OSHA rejects a State plan submission?

Under 1956.20 the rejection procedures in 1902.20 apply to part 1956 submissions, so OSHA will follow the notification and deficiency procedures laid out in that section. See 1902.20 and 1956.20 for the applicable process.

Under 1956.20, can the excluded information from 1902.20(b)(1)(iii) be released publicly as part of the approval decision?

Under 1956.20 the information required by 1902.20(b)(1)(iii) is explicitly not included in the approval decision, so it will not appear in that decision document; this does not by itself determine other public-disclosure obligations. For how documents are handled and released, follow the procedures in 1902.20 and consult applicable FOIA or agency guidance as needed. See 1956.20.

Under 1956.20, should the State reference part 1902 while drafting a response to an OSHA deficiency letter?

Yes. Under 1956.20 the submission and review process is governed by the procedures in 1902.20, so use the requirements and timelines in that section when preparing responses to any deficiency or rejection notices. See 1956.20 for the cross-reference.

Under 1956.20, where can I find the official text of the cross-referenced approval procedures that apply to part 1956 submissions?

Under 1956.20 the official procedures applicable to part 1956 submissions are found in subpart C of part 1902; read the rules at 1902 and the specific submission procedures at 1902.20. See 1956.20 for the citation that makes those procedures applicable.

Under 1956.20, does the part 1902 process control both initial approvals and changes to an approved State plan under part 1956?

Yes. Under 1956.20 the procedures in subpart C of part 1902 govern submission, approval, and rejection of State plans submitted under part 1956, which includes initial submissions and changes; the sole stated difference is that material described in 1902.20(b)(1)(iii) will not be included in approval decisions. See 1902.20 and 1956.20.

Under 1956.20, who should I contact or what resource should I use if I need clarification about how 1902.20 applies to a part 1956 submission?

Under 1956.20 any questions about how the 1902.20 procedures apply to a part 1956 submission should be raised with the OSHA regional office or the OSHA official designated to handle State plan approvals; the regulation itself points you to 1902.20 and 1956.20 as the governing authorities for process and content.