Procedures for withdrawal approval

Under 1956.24 the procedures in part 1955 apply to withdrawing approval of plans approved under part 1956. Specifically, the withdrawal process follows the rules and steps set out in part 1955 as applied to public-employee plans under 1956.24.

• See the general withdrawal rule in 1956.24 and the more detailed procedures in part 1955.

Under 1956.24 an industrial or occupational issue may not be treated as a separable portion of a public-employee plan under 1955.2(a)(10). The regulation explains that public-employee programs approved (and some financed in connection with State plans covering private employees) must, where constitutionally possible, cover all State and local government employees, so separability under 1955.2(a)(10) is not allowed for these plans.

• For background on the separability rule referenced, see 1955.2(a).
• See also the withdrawal-specific language in 1956.24.

Under 1956.24 withdrawal of approval of a plan approved under part 1956 does not bring Federal OSHA standards and enforcement into effect for State and local government employers. The rule explicitly states that, because Federal standards and enforcement do not apply to State and local government employers, a withdrawal under this part could not bring the provisions of the Federal Act to such employers as described in 1955.4.

• See the withdrawal scope language in 1956.24 and the related provisions in 1955.4.

Under 1956.24 public-employee plans are treated differently because they must, whenever a State is constitutionally able to do so, cover all employees of State and local agencies; consequently, no industrial or occupational issue may be considered a separable portion under 1955.2(a)(10). This requirement of comprehensive coverage distinguishes public-employee plans from some private-employee plan situations where separability might be considered under part 1955.

• For the separability rule itself, see 1955.2.

Under 1956.24 a State should follow the detailed withdrawal steps and rules set out in part 1955. The statute makes the procedures and standards in part 1955 applicable to withdrawal of approval for plans under part 1956, so the State must consult part 1955 for the procedural requirements.

• See the cross-reference in 1956.24 directing you to part 1955.

Under 1956.24 plans that are approved and financed in connection with a State plan covering private employees are subject to the same non-separability rule when they concern public-employee programs: they must cover all State and local government employees where constitutionally possible, so industrial or occupational issues may not be treated as separable under 1955.2(a)(10).

• See the treatment of financed plans and the separability limitation in 1956.24.

Under 1956.24 the State plans addressed by part 1956 are for State and local government employees in States without approved private-employee plans. The part title and text make clear these procedures apply to plans for public-sector employees covered by part 1956 and related rules in part 1955.

• See the Part Number and Part Title in 1956.24 and the broader part description at 1956.

Under 1956.24 applying the part 1955 procedures to withdrawals does not change the rule that Federal standards and enforcement do not apply to State and local government employers; withdrawal of a part 1956 plan cannot cause Federal OSHA enforcement to take effect for those employers, as noted in 1955.4.

• See the limitation on Federal enforcement in connection with withdrawal in 1956.24 and 1955.4.

Under 1956.24 Subpart C of part 1956 covers Approval, Change, Evaluation and Withdrawal of Approval Procedures for State plans relating to public employees. The subpart title and 1956.24 identify these administrative procedures for approved plans under part 1956.

• See the Subpart title and the withdrawal procedures reference in 1956.24 and the overall part in 1956.

Under 1956.24 the procedures and standards contained in part 1955 are applicable to withdrawal of approval of plans approved under part 1956, and the text specifically references the separability provision at 1955.2(a)(10).

• Consult 1955.2 and 1955.2(a)(10) for the cited procedural components referenced by 1956.24.

Under 1956.24 withdrawal does not permit OSHA to impose Federal standards and enforcement on State and local government employers. The regulation explicitly states that withdrawal of a part 1956 plan could not bring about application of the Federal Act's provisions to such employers, as discussed in 1955.4.

• For the rule limiting Federal application after withdrawal, see 1956.24 together with 1955.4.

Under 1956.24 the requirement that public-employee programs must cover all employees of State and local agencies where constitutionally possible prevents removal of just a single industrial or occupational portion of the program; no industrial or occupational issue may be treated as a separable portion under 1955.2(a)(10). This means you cannot withdraw approval for only a subset of coverage defined by industry or occupation when the plan is intended to be comprehensive.

• See the non-separability language in 1956.24 and the referenced separability provision at 1955.2(a)(10).

Under 1956.24 the official procedural text for approval changes and evaluation is found in part 1955, which the regulation makes applicable to withdrawal actions for plans under part 1956. You should read part 1955 for the detailed procedural and substantive requirements.

• See the cross-reference in 1956.24 directing you to part 1955.