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PART 1952—APPROVED STATE PLANS FOR ENFORCEMENT OF STATE STANDARDS
Section Contents
Subpart A—General Provisions and Conditions
§ 1952.1 Purpose and scope.
§ 1952.2 Definitions.
§ 1952.3 Developmental plans.
§ 1952.4 Injury and illness recording and reporting requirements.
§ 1952.5 Availability of the plans.
§ 1952.6 Partial approval of State plans.
§ 1952.7 Product standards.
§ 1952.8 Variations, tolerances, and exemptions affecting the national defense.
§ 1952.9 Variances affecting multi-state employers.
§ 1952.10 Requirements for approval of State posters.
§ 1952.11 State and local government employee programs.
Subpart B [Reserved]
Subpart C—South Carolina
§ 1952.90
§ 1952.91
§ 1952.92
§ 1952.93
§ 1952.94
§ 1952.95
§ 1952.96
§ 1952.97
Description of the plan as initially approved.
Developmental schedule.
Completion of developmental steps and certification.
Compliance staffing benchmarks.
Final approval determination.
Level of Federal enforcement.
Where the plan may be inspected.
Changes to approved plan.
Subpart D—Oregon
§ 1952.100
§ 1952.101
§ 1952.102
§ 1952.103
§ 1952.104
§ 1952.105
§ 1952.106
§ 1952.107
Description of the plan as initially approved.
Developmental schedule.
Completion of developmental steps and certification.
Compliance staffing benchmarks.
Final approval determination.
Level of Federal enforcement.
Where the plan may be inspected.
Changes to approved plans.
Subpart E—Utah
§ 1952.110
§ 1952.111
§ 1952.112
§ 1952.113
§ 1952.114
Description of the plan as initially approved.
Developmental schedule.
Completion of developmental steps and certification.
Compliance staffing benchmarks.
Final approval determination.
§ 1952.115 Level of Federal enforcement.
§ 1952.116 Where the plan may be inspected.
§ 1952.117 Changes to approved plans.
Subpart F—Washington
§ 1952.120
§ 1952.121
§ 1952.122
§ 1952.123
§ 1952.124
§ 1952.125
Description of the plan.
Where the plan may be inspected.
Level of Federal enforcement.
Developmental schedule.
Completion of developmental steps and certification.
Changes to approved plans.
Subparts G–H [Reserved]
Subpart I—North Carolina
§ 1952.150
§ 1952.151
§ 1952.152
§ 1952.153
§ 1952.154
§ 1952.155
§ 1952.156
§ 1952.157
Description of the plan as initially approved.
Developmental schedule.
Completion of developmental steps and certification.
Compliance staffing benchmarks.
Final approval determination.
Level of Federal enforcement.
Where the plan may be inspected.
Changes to approved plan.
Subpart J—Iowa
§ 1952.160
§ 1952.161
§ 1952.162
§ 1952.163
§ 1952.164
§ 1952.165
§ 1952.166
§ 1952.167
Description of the plan as initially approved.
Developmental schedule.
Completion of developmental steps and certification.
Compliance staffing benchmarks.
Final approval determination.
Level of Federal enforcement.
Where the plan may be inspected.
Changes to approved plans.
Subpart K—California
§ 1952.170
§ 1952.171
§ 1952.172
§ 1952.173
§ 1952.174
§ 1952.175
Description of the plan.
Where the plan may be inspected.
Level of Federal enforcement.
Developmental schedule.
Completion of developmental steps and certification.
Changes to approved plans.
Subparts L–M [Reserved]
Subpart N—Minnesota
§ 1952.200
§ 1952.201
§ 1952.202
§ 1952.203
Description of the plan as initially approved.
Developmental schedule.
Completion of developmental steps and certification.
Compliance staffing benchmarks.
§ 1952.204
§ 1952.205
§ 1952.206
§ 1952.207
Final approval determination.
Level of Federal enforcement.
Where the plan may be inspected.
Changes to approved plans.
Subpart O—Maryland
§ 1952.210
§ 1952.211
§ 1952.212
§ 1952.213
§ 1952.214
§ 1952.215
§ 1952.216
§ 1952.217
Description of the plan as initially approved.
Developmental schedule.
Completion of developmental steps and certification.
Compliance staffing benchmarks.
Final approval determination.
Level of Federal enforcement.
Where the plan may be inspected.
Changes to approved plans.
Subpart P—Tennessee
§ 1952.220
§ 1952.221
§ 1952.222
§ 1952.223
§ 1952.224
§ 1952.225
§ 1952.226
§ 1952.227
Description of the plan as initially approved.
Developmental schedule.
Completed developmental steps.
Compliance staffing benchmarks.
Final approval determination.
Level of Federal enforcement.
Where the plan may be inspected.
Changes to approved plans.
Subpart Q—Kentucky
§ 1952.230
§ 1952.231
§ 1952.232
§ 1952.233
§ 1952.234
§ 1952.235
§ 1952.236
§ 1952.237
Description of the plan as initially approved.
Developmental schedule.
Completion of developmental steps and certification.
Compliance staffing benchmarks.
Final approval determination.
Level of Federal enforcement.
Where the plan may be inspected.
Changes to approved plans.
Subpart R—Alaska
§ 1952.240
§ 1952.241
§ 1952.242
§ 1952.243
§ 1952.244
§ 1952.245
§ 1952.246
Description of the plan as initially approved.
Developmental schedule.
Completed developmentalsteps.
Final approval determination.
Level of Federal enforcement.
Where the plan may be inspected.
Changes to approved plans.
Subpart S [Reserved]
Subpart T—Michigan
§ 1952.260 Description of the plan as initially approved.
§ 1952.261 Developmental schedule.
§ 1952.262 Completion of developmental steps and certification.
§ 1952.263
§ 1952.264
§ 1952.265
§ 1952.266
§ 1952.267
Compliance staffing benchmarks.
[Reserved]
Level of Federal enforcement.
Where the plan may be inspected.
Changes to approved plans.
Subpart U—Vermont
§ 1952.270
§ 1952.271
§ 1952.272
§ 1952.273
§ 1952.274
§ 1952.275
Description of the plan.
Where the plan may be inspected.
Level of Federal enforcement.
Developmental schedule.
Completion of developmental steps and certification.
Changes to approved plans.
Subpart V [Reserved]
Subpart W—Nevada
§ 1952.290
§ 1952.291
§ 1952.292
§ 1952.293
§ 1952.294
§ 1952.295
§ 1952.296
§ 1952.297
Description of the plan as initially approved.
Developmental schedule.
Completion of developmental steps and certification.
Compliance staffing benchmarks.
Final approval determination.
Level of Federal enforcement.
Where the plan may be inspected.
Changes to approved plans.
Subpart X [Reserved]
Subpart Y—Hawaii
§ 1952.310
§ 1952.311
§ 1952.312
§ 1952.313
§ 1952.314
§ 1952.315
§ 1952.316
Description of the plan as initially approved.
Developmental schedule.
Completion of developmental steps and certification.
Final approval determination.
Level of Federal enforcement.
Where the plan may be inspected.
Changes to approved plans.
Subpart Z—Indiana
§ 1952.320
§ 1952.321
§ 1952.322
§ 1952.323
§ 1952.324
§ 1952.325
§ 1952.326
§ 1952.327
Description of the plan as initially approved.
Developmental schedule.
Completion of developmental steps and certification.
Compliance staffing benchmarks.
Final approval determination.
Level of Federal enforcement.
Where the plan may be inspected.
Changes to approved plans.
Subpart AA [Reserved]
Subpart BB—Wyoming
§ 1952.340
§ 1952.341
§ 1952.342
§ 1952.343
§ 1952.344
§ 1952.345
§ 1952.346
§ 1952.347
Description of the plan as initially approved.
Developmental schedule.
Completion of developmental steps and certification.
Compliance staffing benchmarks.
Final approval determination.
Level of Federal enforcement.
Where the plan may be inspected.
Changes to approved plans.
Subpart CC—Arizona
§ 1952.350
§ 1952.351
§ 1952.352
§ 1952.353
§ 1952.354
§ 1952.355
§ 1952.356
§ 1952.357
Description of the plan as initially approved.
Developmental schedule.
Completion of developmental steps and certification.
Compliance staffing benchmarks.
Final approval determination.
Level of Federal enforcement.
Where the plan may be inspected.
Changes to approved plans.
Subpart DD—New Mexico
§ 1952.360
§ 1952.361
§ 1952.362
§ 1952.363
§ 1952.364
§ 1952.365
§ 1952.366
§ 1952.367
Description of the plan as initially approved.
Developmental schedule.
Completion of developmental steps and certification.
Compliance staffing benchmarks.
[Reserved]
Level of Federal enforcement.
Where the plan may be inspected.
Changes to approved plans.
Subpart EE—Virginia
§ 1952.370
§ 1952.371
§ 1952.372
§ 1952.373
§ 1952.374
§ 1952.375
§ 1952.376
§ 1952.377
Description of the plan as initially approved.
Developmental schedule.
Completion of developmental steps and certification.
Compliance staffing benchmarks.
Final approval determination.
Level of Federal Enforcement.
Where the plan may be inspected.
Changes to approved plans.
Subpart FF—Puerto Rico
§ 1952.380
§ 1952.381
§ 1952.382
§ 1952.383
§ 1952.384
§ 1952.385
Description of the plan.
Where the plan may be inspected.
Level of Federal enforcement.
Completion of developmental steps and certification.
Completed developmental steps.
Changes to approved plans.
Authority: Section 18 of the OSH Act (29 U.S.C. 667), 29 CFR part 1902, and Secretary of
Labor's Order No. 5–2002 (67 FR 65008).
Subpart A—General Provisions and Conditions
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Source: 37 FR 25931, Dec. 6, 1972, unless otherwise noted.
§ 1952.1 Purpose and scope.
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(a) This part sets forth the Assistant Secretary's approval of State plans submitted under section 18 of the
Act and part 1902 of this chapter. Each approval of a State plan is based on a determination by the
Assistant Secretary that the plan meets the requirements of section 18(c) of the Act and the criteria and
indices of effectiveness specified in part 1902.
(b) This subpart contains general provisions and conditions which are applicable to all State plans,
regardless of the time of their approval. Separate subparts are used for the identification of specific State
plans, indication of locations where the full plan may be inspected and copied, and setting forth any special
conditions and special policies which may be applicable to a particular plan.
§ 1952.2 Definitions.
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(a) Act means the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq. ).
(b) Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health.
§ 1952.3 Developmental plans.
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Any developmental plan; that is, a plan not fully meeting the criteria set forth in §1902.3 of this chapter at the
time of approval, must meet the requirements of §1902.2(b) of this chapter.
§ 1952.4 Injury and illness recording and reporting requirements.
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(a) Injury and illness recording and reporting requirements promulgated by State-Plan States must be
substantially identical to those in 29 CFR part 1904 “Recording and Reporting Occupational Injuries and
Illnesses.” State-Plan States must promulgate recording and reporting requirements that are the same as
the Federal requirements for determining which injuries and illnesses will be entered into the records and
how they are entered. All other injury and illness recording and reporting requirements that are promulgated
by State-Plan States may be more stringent than, or supplemental to, the Federal requirements, but,
because of the unique nature of the national recordkeeping program, States must consult with OSHA and
obtain approval of such additional or more stringent reporting and recording requirements to ensure that
they will not interfere with uniform reporting objectives. State-Plan States must extend the scope of their
regulation to State and local government employers.
(b) A State may not grant a variance to the injury and illness recording and reporting requirements for private
sector employers. Such variances may only be granted by Federal OSHA to assure nationally consistent
workplace injury and illness statistics. A State may only grant a variance to the injury and illness recording
and reporting requirements for State or local government entities in that State after obtaining approval from
Federal OSHA.
(c) A State must recognize any variance issued by Federal OSHA.
(d) A State may, but is not required, to participate in the Annual OSHA Injury/Illness Survey as authorized by
29 CFR 1904.41. A participating State may either adopt requirements identical to 1904.41 in its recording
and reporting regulation as an enforceable State requirement, or may defer to the Federal regulation for
enforcement. Nothing in any State plan shall affect the duties of employers to comply with 1904.41, when
surveyed, as provided by section 18(c)(7) of the Act.
[66 FR 6135, Jan. 19, 2001]
§ 1952.5 Availability of the plans.
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(a) A complete copy of each State plan including any supplements thereto, shall be kept at:
(1) Office of Federal and State Operations, OSHA, Room 305, Railway Labor Building, 400 First Street,
NW., U.S. Department of Labor, Washington, DC 20210; and
(2) The office of the nearest Regional Administrator, Occupational Safety and Health Administration. The
addresses of the Regional Administrators are listed in the “United States Government Organization Manual,”
1972/73, p. 310. The copy shall be available for public inspection and copying.
(b) A complete copy of the State plan of a particular State, including any supplements thereto, shall be kept
at the office of the State office listed in the appropriate subpart of this part 1952.
§ 1952.6 Partial approval of State plans.
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(a) The Assistant Secretary may partially approve a plan under part 1902 of this chapter whenever:
(1) The portion to be approved meets the requirements of part 1902;
(2) The plan covers more than one occupational safety and health issue; and
(3) Portions of the plan to be approved are reasonably separable from the remainder of the plan.
(b) Whenever the Assistant Secretary approves only a portion of a State plan, he may give notice to the
State of an opportunity to show cause why a proceeding should not be commenced for disapproval of the
remainder of the plan under subpart C of part 1902 before commencing such a proceeding.
§ 1952.7 Product standards.
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(a) Under section 18(c)(2) of the Act, a State plan must not include standards for products which are
distributed or used in interstate commerce which are different from Federal standards for such products
unless such standards are required by compelling local conditions and do not unduly burden interstate
commerce. In §1902.3(c)(2) of this chapter this is interpreted as not being applicable to customized
products, or parts not normally available on the open market, or to the optional parts, or additions to
products which are ordinarily available with such optional parts, or additions.
(b) In situations where section 18(c)(2) is considered applicable, and provision is made for the adoption of
product standards, the requirements of section 18(c)(2), as they relate to undue burden on interstate
commerce, shall be treated as a condition subsequent in light of the facts and circumstances which may be
involved.
§ 1952.8 Variations, tolerances, and exemptions affecting the national defense.
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(a) The power of the Secretary of Labor under section 16 of the Act to provide reasonable limitations and
variations, tolerances, and exemptions to and from any or all provisions of the Act as he may find necessary
and proper to avoid serious impairment of the national defense is reserved.
(b) No action by a State under a plan shall be inconsistent with action by the Secretary under this section of
the Act.
§ 1952.9 Variances affecting multi-state employers.
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(a) Where a State standard is identical to a Federal standard addressed to the same hazard, an employer or
group of employers seeking a temporary or permanent variance from such standard, or portion thereof, to be
applicable to employment or places of employment in more than one State, including at least one State with
an approved plan, may elect to apply to the Assistant Secretary for such variance under the provisions of 29
CFR part 1905, as amended.
(b) Actions taken by the Assistant Secretary with respect to such application for a variance, such as interim
orders, with respect thereto, the granting, denying, or issuing any modification or extension thereof, will be
deemed prospectively an authoritative interpretation of the employer or employers' compliance obligations
with regard to the State standard, or portion thereof, identical to the Federal standard, or portion thereof,
affected by the action in the employment or places of employment covered by the application.
(c) Nothing herein shall affect the option of an employer or employers seeking a temporary or permanent
variance with applicability to employment or places of employment in more than one State to apply for such
variance either to the Assistant Secretary or the individual State agencies involved. However, the filing with,
as well as granting, denial, modification, or revocation of a variance request or interim order by, either
authority (Federal or State) shall preclude any further substantive consideration of such application on the
same material facts for the same employment or place of employment by the other authority.
(d) Nothing herein shall affect either Federal or State authority and obligations to cite for noncompliance with
standards in employment or places of employment where no interim order, variance, or modification or
extension thereof, granted under State or Federal law applies, or to cite for noncompliance with such
Federal or State variance action.
[40 FR 25450, June 16, 1975]
§ 1952.10 Requirements for approval of State posters.
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(a)(1) In order to inform employees of their protections and obligations under applicable State law, of the
issues not covered by State law, and of the continuing availability of Federal monitoring under section 18(f)
of the Act, States with approved plans shall develop and require employers to post a State poster meeting
the requirements set out in paragraph (a)(5) of this section.
(2) Such poster shall be substituted for the Federal poster under section 8(c)(1) of the Act and §1903.2 of
this chapter where the State attains operational status for the enforcement of State standards as defined in
§1954.3(b) of this chapter.
(3) Where a State has distributed its poster and has enabling legislation as defined in §1954.3(b)(1) of this
chapter but becomes nonoperational under the provisions of §1954.3(f)(1) of this chapter because of failure
to be at least as effective as the Federal program, the approved State poster may, at the discretion of the
Assistant Secretary, continue to be substituted for the Federal poster in accordance with paragraph (a)(2) of
this section.
(4) A State may, for good cause shown, request, under 29 CFR part 1953, approval of an alternative to a
State poster for informing employees of their protections and obligations under the State plans, provided
such alternative is consistent with the Act, 29 CFR 1902.4(c)(2)(iv) and applicable State law. In order to
qualify as a substitute for the Federal poster under this paragraph, such alternative must be shown to be at
least as effective as the Federal poster requirements in informing employees of their protections and
obligations and address the items listed in paragraph (a)(5) of this section.
(5) In developing the poster, the State shall address but not be limited to the following items:
(i) Responsibilities of the State, employers and employees;
(ii) The right of employees or their representatives to request workplace inspections;
(iii) The right of employees making such requests to remain anonymous;
(iv) The right of employees to participate in inspections;
(v) Provisions for prompt notice to employers and employees when alleged violations occur;
(vi) Protection for employees against discharge or discrimination for the exercise of their rights under
Federal and State law;
(vii) Sanctions;
(viii) A means of obtaining further information on State law and standards and the address of the State
agency;
(ix) The right to file complaints with the Occupational Safety and Health Administration about State program
administration;
(x) A list of the issues as defined in §1902.2(c) of this chapter which will not be covered by State plan;
(xi) The address of the Regional Office of the Occupational Safety and Health Administration; and
(xii) Such additional employee protection provisions and obligations under State law as may have been
included in the approved State plan.
(b) Posting of the State poster shall be recognized as compliance with the posting requirements in section
8(c)(1) of the Act and §1903.2 of this chapter, provided that the poster has been approved in accordance
with subpart B of part 1953. Continued Federal recognition of the State poster is also subject to pertinent
findings of effectiveness with regard to the State program under 29 CFR part 1954.
[39 FR 39036, Nov. 5, 1974]
§ 1952.11 State and local government employee programs.
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(a) Each approved State plan must contain satisfactory assurances that the State will, to the extent
permitted by its law, establish and maintain an effective and comprehensive occupational safety and health
program applicable to all employees of public agencies of the State and its political subdivisions which
program is as effective as the standards contained in an approved plan.
(b) This criteria for approved State plans is interpreted to require the following elements with regard to
coverage, standards, and enforcement:
(1) Coverage. The program must cover all public employees over which the State has legislative authority
under its constitution. “To the extent permitted by its law,” specifically recognizes the situation where local
governments exclusively control their own employees, such as under certain “home rule” charters.
(2) Standards. The program must be as effective as the standards contained in the approved plan applicable
to private employers. Thus, the same criteria and indices of standards effectiveness contained in
§§1902.3(c) and 1902.4 (a) and (b) of this chapter would apply to the public employee program. Where
hazards are unique to public employment, all appropriate indices of effectiveness, such as those dealing
with temporary emergency standards, development of standards, employee information, variances, and
protective equipment, would be applicable to standards for such hazards.
(3) Enforcement. Although section 18(c)(6) of the Act requires State public employee programs to be “as
effective as standards” contained in the State plan, minimum enforcement elements are required to ensure
an “effective and comprehensive” public employee program as follows: (See notice of approval of the North
Carolina Plan, 38 FR 3041).
(i) Regular inspections of workplaces, including inspections in response to valid employee complaints;
(ii) A means for employees to bring possible violations to the attention of inspectors;
(iii) Notification to employees, or their representatives, of decisions that no violations are found as a result of
complaints by such employees or their representatives, and informal review of such decisions;
(iv) A means of informing employees of their protections and obligations under the Act;
(v) Protection for employees against discharge of discrimination because of the exercise of rights under the
Act;
(vi) Employee access to information on their exposure to toxic materials or harmful physical agents and
prompt notification to employees when they have been or are being exposed to such materials or agents at
concentrations or levels above those specified by the applicable standards;
(vii) Procedures for the prompt restraint or elimination of imminent danger situations;
(viii) A means of promptly notifying employers and employees when an alleged violation has occurred,
including the proposed abatement requirements;
(ix) A means of establishing timetables for the correction of violations;
(x) A program for encouraging voluntary compliance; and
(xi) Such other additional enforcement provisions under State law as may have been included in the State
plan.
(c) In accordance with §1902.3(b)(3), the State agency or agencies designated to administer the plan
throughout the State must retain overall responsibility for the entire plan. Political subdivisions may have the
responsibility and authority for the development and enforcement of standards: Provided, That the
designated State agency or agencies have adequate authority by statute, regulation, or agreement to insure
that the commitments of the State under the plan will be fulfilled.
These commitments supersede and control any delegation of authority to State or local agencies. (See
Notice of Approval of Colorado Plan, 38 FR 25172.)
[40 FR 58451, Dec. 17, 1975]
Subpart B [Reserved]
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Subpart C—South Carolina
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Source: 51 FR 8820, Mar. 14, 1986, unless otherwise noted.
§ 1952.90 Description of the plan as initially approved.
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(a) The plan identifies the South Carolina Department of Labor as the State agency designated to administer
the plan. It adopts the definition of occupational safety and health issues expressed in §1902.2(c)(1) of this
chapter. The plan states that the Department of Labor has been promulgating safety and health standards.
The South Carolina Commissioner of Labor is promulgating all standards and amendments thereto which
have been promulgated by the Secretary of Labor, except those found in §§1910.13; 1910.14; 1910.15; and
1910.16 of this chapter (ship repairing, shipbuilding, shipbreaking, and longshoring). The plan describes
procedures for the development and promulgation of additional standards, enforcement of such standards,
and the prompt restraint or elimination of imminent danger situations. The South Carolina Legislature
passed enabling legislation in 1971, a copy of which was submitted with the original plan. Section 40–261
through 40–274 South Carolina Code of Laws, 1962. The amendments to the plan include proposed
amendments to this legislation to more fully bring the plan into conformity with the requirements of part
1902. Under the amended legislation, the South Carolina Department of Labor will have full authority to
administer and enforce all laws, rules, and orders protecting employee safety and health in all places of
employment in the State.
(b) The plan includes a statement of the Governor's support for the legislative amendments and a legal
opinion that the amended act will meet the requirements of the Occupational Safety and Health Act of 1970
and is consistent with the constitution and laws of South Carolina. The plan sets out goals and provides a
timetable for bringing it into full conformity with part 1902 upon enactment of the proposed legislative
amendments.
§ 1952.91 Developmental schedule.
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The South Carolina plan is developmental. The following is the schedule of the developmental steps
provided by the plan:
(a) Introduction of the above-mentioned legislative amendments in the legislative session following approval
of the plan.
(b) Public hearings and adoption of Federal standards to be completed by December 1972.
(c) A management information system to be completed by no later than June 30, 1974.
(d) A voluntary compliance program to be completed by no later than June 30, 1974.
(e) An occupational safety and health program for public employees to be completed by no later than June
30, 1974.
(f) A program for the coverage of agriculture workers to be completed no later than June 30, 1973.
(g) An approved merit system covering employees implementing the plan to be effective 90 days following
approval of the plan.
(h) A revised compliance manual to be completed within 6 months following approval of the plan.
§ 1952.92 Completion of developmental steps and certification.
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(a) In accordance with §1952.91(a) legislative amendments were introduced into the 1973 South Carolina
General Assembly and were enacted effective June 12, 1973. The amendments have been supplemented
by State commitments to:
(1) Take action on all employee discrimination complaints within 90 days, and
(2) Limit the duration of temporary variances to a maximum of two years, inclusive of any renewals.
(b) In accordance with §1952.91(b) the South Carolina occupational safety and health standards, identical to
Federal standards (through December 3, 1974), have been promulgated and were approved by the
Assistant Regional Director for Occupational Safety and Health effective April 10, 1975 (40 FR 16257).
(c) In accordance with §1952.91(d) a voluntary compliance program, to be known as the Taxpayers'
Assistant Program, has been developed.
(d) In accordance with §1952.91(f) coverage of agricultural workers began on July 1, 1973, and was initiated
directly by the South Carolina Department of Labor. (The State plan has been amended to delete the
proposal to delegate such responsibility to the State Department of Agriculture.)
(e) In accordance with §1952.91(g) the State plan has been amended to show extensions of merit system
coverage to the South Carolina Department of Labor, Division of Occupational Safety and Health.
Agreement with the Department of Health and Environmental Control requires that all health personnel
cooperating in the State occupational safety and health program be likewise covered by the State merit
system.
(f) In accordance with the requirements of §1952.10 the South Carolina Safety and Health Poster for private
and public employees was approved by the Assistant Secretary on February 19, 1976.
(g) In accordance with §1952.91(c) development of a management information system designed to provide
the data required by the Assistant Secretary and information necessary for internal management of
resources and evaluation of State program performance has been completed.
(h) The State plan has been amended to include the details of a public employee program. State and local
government employees will be afforded protection identical to that of employees in the private sector.
(i) The South Carolina plan has been amended to include an expanded radiation health effort. The Division
of Radiological Health, South Carolina Department of Health and Environmental Control, under contract to
the South Carolina Department of Labor will make inspections to provide coverage of radiation hazards not
subject to regulation under the Atomic Energy Act of 1954.
(j) In accordance with plan commitments, South Carolina regulations for enforcement of standards and
review of contested cases, Article IV, were revised and repromulgated on June 5, 1975. Further amendment
to section 4.00K (September 26, 1975) and a January 15, 1976, letter of supplemental assurances from
Commissioner Edgar L. McGowan are considered integral parts of the approved South Carolina review
procedures. On March 11, 1976, the State of South Carolina promulgated the necessary changes to Article
IV to fulfill the commitments contained in their January 15, 1976, letter of supplemental assurances.
(k) The State plan has been amended to include an Affirmative Action Plan in which the State outlines its
policy of equal employment opportunity.
(l) In accordance with §1952.91(h) the State has developed and amended a Compliance Manual which
defines the procedures and guidelines to be used by the South Carolina compliance and consultation staff in
carrying out the goals of the program.
(m) In accordance with §1902.34 of this chapter, the South Carolina occupational safety and health plan was
certified, effective August 3, 1976, as having completed all developmental steps specified in the plan as
approved on November 30, 1972, on or before December 31, 1975.
§ 1952.93 Compliance staffing benchmarks.
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Under the terms of the 1978 Court Order in AFL-CIO v. Marshall compliance staffing levels (benchmarks)
necessary for a “fully effective” enforcement program were required to be established for each State
operating an approved State plan. In September 1984 South Carolina, in conjunction with OSHA, completed
a reassessment of the levels initially established in 1980 and proposed revised compliance staffing
benchmarks of 17 safety and 12 health compliance officers. After opportunity for public comment and
service on the AFL-CIO, the Assistant Secretary approved these revised staffing requirements on January
17, 1986.
§ 1952.94 Final approval determination.
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(a) In accordance with section 18(e) of the Act and procedures in 29 CFR part 1902, and after determination
that the State met the “fully effective” compliance staffing benchmarks as revised in 1984 in response to a
Court Order in AFL-CIO v. Marshall (CA 74–406), and was satisfactorily providing reports to OSHA through
participation in the Federal-State Integrated Management Information System, the Assistant Secretary
evaluated actual operations under the South Carolina State plan for a period of at least one year following
certification of completion of developmental steps (41 FR 32424). Based on the 18(e) Evaluation Report for
the period of December 1, 1985, through January 31, 1987, and after opportunity for public comment, the
Assistant Secretary determined that in operation the State of South Carolina's occupational safety and
health program is at least as effective as the Federal program in providing safe and healthful employment
and places of employment and meets the criteria for final State plan approval in section 18(e) of the Act and
implementing regulations at 29 CFR part 1902. Accordingly, the South Carolina plan was granted final
approval and concurrent Federal enforcement authority was relinquished under section 18(e) of the Act
effective December 15, 1987.
(b) Except as otherwise noted, the plan which has received final approval covers all activities of employers
and all places of employment in South Carolina. The plan does not cover private sector maritime
employment; military bases; Federal government employers and employees; the U.S. Postal Service
(USPS), including USPS employees, and contract employees and contractor-operated facilities engaged in
USPS mail operations; private sector employment at Area D of the Savannah River Site (power generation
and transmission facilities operated by South Carolina Electric and Gas) and at the Three Rivers Solid
Waste Authority; the enforcement of the field sanitation standard, 29 CFR 1928.110, and the temporary
labor camps standard, 29 CFR 1910.142, with respect to any agricultural establishment where employees
are engaged in “agricultural employment” within the meaning of the Migrant and Seasonal Agricultural
Worker Protection Act, 29 U.S.C. 1802(3), regardless of the number of employees, including employees
engaged in hand packing of produce into containers, whether done on the ground, on a moving machine, or
in a temporary packing shed, except that South Carolina retains enforcement responsibility over agricultural
temporary labor camps for employees engaged in egg, poultry, or red meat production, or the post-harvest
processing of agricultural or horticultural commodities.
(c) South Carolina is required to maintain a State program which is at least as effective as operations under
the Federal program; to submit plan supplements in accordance with 29 CFR part 1953; to allocate sufficient
safety and health enforcement staff to meet the benchmarks for State staffing established by the U.S.
Department of Labor, or any revisions to those benchmarks; and, to furnish such reports in such form as the
Assistant Secretary may from time to time require.
[52 FR 48111, Dec. 18, 1987, as amended at 62 FR 2560, Jan. 17, 1997; 65 FR 36619, June 9, 2000]
§ 1952.95 Level of Federal enforcement.
top
(a) As a result of the Assistant Secretary's determination granting final approval to the South Carolina plan
under section 18(e) of the Act, effective December 15, 1987, occupational safety and health standards
which have been promulgated under section 6 of the Act do not apply with respect to issues covered under
the South Carolina plan. This determination also relinquishes concurrent Federal OSHA authority to issue
citations for violations of such standards under sections 5(a)(2) and 9 of the Act; to conduct inspections and
investigations under section 8 (except those necessary to conduct evaluation of the plan under section 18(f)
and other inspections, investigations, or proceedings necessary to carry out Federal responsibilities not
specifically preempted by section 18(e)); to conduct enforcement proceedings in contested cases under
section 10; to institute proceedings to correct imminent dangers under section 13; and to propose civil
penalties or initiate criminal proceedings for violations of the Federal Act under section 17. The Assistant
Secretary retains jurisdiction under the above provisions in any proceeding commenced under section 9 or
10 before the effective date of the 18(e) determination.
(b)(1) In accordance with section 18(e), final approval relinquishes Federal OSHA authority only with regard
to occupational safety and health issues covered by the South Carolina plan. OSHA retains full authority
over issues which are not subject to State enforcement under the plan. Thus, Federal OSHA retains its
authority relative to safety and health in private sector maritime activities, and will continue to enforce all
provisions of the Act, rules or orders, and all Federal standards, current or future, specifically directed to
maritime employment (29 CFR Part 1915, shipyard employment; Part 1917, marine terminals; Part 1918,
longshoring; Part 1919, gear certification), as well as provisions of general industry and construction
standards (29 CFR Parts 1910 and 1926) appropriate to hazards found in these employments; employment
on military bases; and private sector employment at Area D of the Savannah River Site (power generation
and transmission facilities operated by South Carolina Electric and Gas) and at the Three Rivers Solid
Waste Authority. Federal jurisdiction is retained and exercised by the Employment Standards Administration,
U.S. Department of Labor, (Secretary's Order 5–96, dated December 27, 1996) with respect to the field
sanitation standard, 29 CFR 1928.110, and the enforcement of the temporary labor camps standard, 29
CFR 1910.142, in agriculture, as described in §1952.94(b). Federal jurisdiction is also retained with respect
to Federal government employers and employees; and the U.S. Postal Service (USPS), including USPS
employees, and contract employees and contractor-operated facilities engaged in USPS mail operations.
(2) In addition, any hazard, industry, geographical area, operation or facility over which the State is unable to
effectively exercise jurisdiction for reasons not related to the required performance or structure of the plan
shall be deemed to be an issue not covered by plan which has received final approval, and shall be subject
to Federal enforcement. Where enforcement jurisdiction is shared between Federal and State authorities for
a particular area, project, or facility, in the interest of administrative practicability Federal jurisdiction may be
assumed over the entire project or facility. In either of the two aforementioned circumstances, Federal
enforcement may be exercised immediately upon agreement between Federal OSHA and the State
designated agency.
(c) Federal authority under provisions of the Act not listed in section 18(e) is unaffected by final approval of
the plan. Thus, for example, the Assistant Secretary retains his authority under section 11(c) of the Act with
regard to complaints alleging discrimination against employees because of the exercise of any right afforded
to the employee by the Act, although such complaints may be referred to the State for investigation. The
Assistant Secretary also retains his authority under section 6 of the Act to promulgate, modify or revoke
occupational safety and health standards which address the working conditions of all employees, including
those in States which have received an affirmative 18(e) determination, although such standards may not be
federally applied. In the event that the State's 18(e) status is subsequently withdrawn and Federal authority
reinstated, all Federal standards, including any standards promulgated or modified during the 18(e) period,
would be federally enforceable in that State.
(d) As required by section 18(f) of the Act, OSHA will continue to monitor the operations of the South
Carolina State program to assure that the provisions of the State plan are substantially complied with and
that the program remains at least as effective as the Federal program. Failure by the State to comply with its
obligations may result in the revocation of the final determination under section 18(e), resumption of Federal
enforcement, and/or proceedings for withdrawal of plan approval.
[52 FR 48111, Dec. 18, 1987, as amended at 62 FR 2560, Jan. 17, 1997; 65 FR 36619, June 9, 2000]
§ 1952.96 Where the plan may be inspected.
top
A copy of the principal documents comprising the plan may be inspected and copied during normal business
hours at the following locations:
Office of State Programs, Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health Administration, U.S.
Department of Labor, Atlanta Federal Center, 61 Forsyth Street, SW, Room 6T50, Atlanta,
Georgia 30303; and
Office of the Director, South Carolina Department of Labor, Licensing and Regulation, Koger
Office Park, Kingstree Building, 110 Centerview Drive, P.O. Box 11329, Columbia, South
Carolina 29210.
[65 FR 36619, June 9, 2000]
§ 1952.97 Changes to approved plan.
top
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved South Carolina's revised statutory
penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as
amended on November 5, 1990.
(2) [Reserved]
(b) The Voluntary Protection Program. On June 24, 1994, the Assistant Secretary approved South Carolina's
plan supplement, which is generally identical to the Federal STAR Voluntary Protection Program. South
Carolina's “Palmetto” VPP is limited to the STAR Program in general industry, excludes the MERIT AND
DEMONSTRATION Programs and excludes the construction industry. Also, injury rates must be at or below
50 percent of the State industry average rather than the National industry average.
(c) Temporary labor camps/field sanitation. Effective February 3, 1997, the Assistant Secretary approved
South Carolina's plan amendment, dated August 1, 1996, relinquishing coverage for the issues of field
sanitation (29 CFR 1928.110) and temporary labor camps (29 CFR 1910.142) in agriculture (except for
agricultural temporary labor camps associated with egg, poultry or red meat production, or the post-harvest
processing of agricultural or horticultural commodities.) The Employment Standards Administration, U.S.
Department of Labor, has assumed responsibility for enforcement of these Federal OSHA standards in
agriculture in South Carolina pursuant to Secretary of Labor's Order 5–96, dated December 27, 1996.
[59 FR 39257, Aug. 2, 1994, as amended at 62 FR 2560, Jan. 17, 1997]
Subpart D—Oregon
top
§ 1952.100 Description of the plan as initially approved.
top
(a)(1) The plan identifies the Oregon Workmen's Compensation Board as the State agency designated to
administer the plan. It adopts the definition of occupational safety and health issues expressed in
§1902.2(c)(1) of this chapter. The plan contains a standards comparison of existing and proposed State
standards with Federal standards. All proposed standards except those found in §§1910.13, 1910.14,
1910.15, and 1910.16 (ship repairing, shipbuilding, ship breaking and longshoring) will be adopted and
enforced after public hearings within 1 year following approval of the plan.
(2) The plan provides a description of personnel employed under a merit system; the coverage of employees
of political subdivisions; procedures for the development and promulgation of standards; procedures for
prompt and effective standards setting action for the protection of employees against new and unforeseen
hazards; and procedures for the prompt restraint of imminent danger situations.
(b)(1) The plan includes proposed draft legislation to be considered by the Oregon Legislature during its
1973 session amending chapter 654 of Oregon Revised Statutes to bring it into conformity with the
requirements of part 1902 of this chapter. Under the proposed legislation, the workmen's compensation
board will have full authority to enforce and administer all laws and rules protecting employee health and
safety in all places of employment in the State. The legislation further proposes to bring the State into
conformity in areas such as variances and protection of employees from hazards.
(2) The legislation is also intended to insure inspections in response to complaints; employer and employee
representatives' opportunity to accompany inspectors and to call attention to possible violations before,
during and after inspections; notification of employees or their representatives when no compliance action is
taken as a result of alleged violations, including informal review; notification of employees of their
protections; protection of employees against discharge or discrimination in terms and conditions of
employment; adequate safeguards to protect trade secrets; provision for prompt notice to employers and
employees of alleged violations of standards and abatement requirements; effective sanctions against
employers for violations of standards and orders; employer right of review of alleged violations, abatement
periods and proposed penalties to the workmen's compensation board and employee participation in review
proceedings. The plan also proposes to develop a program to encourage voluntary compliance by
employers and employees.
(c) The plan includes a statement of the Governor's support for the legislative amendments and legal opinion
that the draft legislation will meet the requirements of the Occupational Safety and Health Act of 1970 and is
consistent with the constitution and laws of Oregon. The plan sets out goals and provides a timetable for
bringing it into full conformity with part 1902 upon enactment of the proposed legislation.
(d) The Oregon plan includes the following documents as of the date of approval:
(1) The plan description document with appendices.
(2) Appendix G, the standards comparison.
(3) Letter from M. Keith Wilson, Chairman, Workmen's Compensation Board to the Assistant Secretary,
June 30, 1972, on product standards.
(4) Letter from M. Keith Wilson to James Lake, Regional Administrator, June 30, 1972, clarifying employee
sanction provisions.
(5) Letter with attachments from M. Keith Wilson to the Assistant Secretary, September 5, 1972, clarifying
several issues raised during the review process.
(6) Letter from the commissioners of the workmen's compensation board to the Assistant Secretary,
December 4, 1972, clarifying the remaining issues raised during the review process.
(e) Also available for inspection and copying with the plan documents will be the public comments received
and a transcript of the public hearing held September 27, 1972.
[37 FR 28630, Dec. 28, 1972. Redesignated at 52 FR 9162, Mar. 23, 1987, as amended at 59 FR 42495,
Aug. 18, 1994]
§ 1952.101 Developmental schedule.
top
The Oregon plan is developmental. The schedule of developmental steps as described in the plan is revised
in a letter dated November 27, 1973, from M. Keith Wilson, Chairman, Workman's Compensation Board to
James Lake, Assistant Regional Director for OSHA and includes:
(a) Introduction of the legislative amendments in the legislative session following approval of the plan. The
legislation was passed and became effective July 1, 1973.
(b) Complete revision of all occupational safety and health codes as proposed within one year after the
proposed standards are found to be at least as effective by the Secretary of Labor.
(c) Development of administrative rules and procedures, including rights and responsibilities of employers,
employees and the Workmen's Compensation Board including regulations on variances, exposure to
hazards and access to information on exposure to hazards by July 1, 1974.
(d) Training of present inspection personnel of the accident prevention division and the occupational health
section by July 1, 1973. Selection and training of additional inspectors within one year of the effective date of
the 1973–1975 budget.
(e) Establishment of specific occupational safety and health goals by July 1, 1974. These goals will be
reviewed and revised biannually.
(f) Development and implementation of an affirmative action program by July 1, 1973.
(g) Development and implementation of administrative rules relative to an on-site voluntary compliance
consultation program by July 1, 1974.
[39 FR 11881, Apr. 1, 1974. Redesignated at 52 FR 9162, Mar. 23, 1987, and further redesignated at 59 FR
42495, Aug. 18, 1994]
§ 1952.102 Completion of developmental steps and certification.
top
(a)(1) In accordance with §1952.108(a), the Oregon Safe Employment Act, Senate Bill 44, amending
Oregon Revised Statutes 654 and 446 and other miscellaneous provisions, was signed by the Governor on
July 22, 1973, and carried an effective date of July 1, 1973.
(2) The following differences between the program described in §1952.105(b)(1) and the program authorized
by the State law are approved:
(i) By promulgation of the appropriate regulatory provision, Rule 46–331, and by including a mandatory
consultation requirement in its Field Compliance Manual, Oregon provides for employee participation, when
there is no employee representative, by requiring the inspector to consult with employees.
(ii) In accordance with ORS, 654.062(3), an additional written request from an employee is required in order
to obtain a statement of the reasons why no citation was issued as a result of an employee complaint of
unsafe work conditions, which will be subject to evaluation in its administration.
(iii) Section 18 of Oregon's legislation authorizes a stay of the abatement date by operation of law pending a
final order of the Board for nonserious violations and for serious violations when the abatement date of the
serious violation is specifically contested. An expedited hearing will be requested for serious violations when
the abatement date is contested.
(3) The Oregon Safe Employment Act as last amended in the 1981 legislative session included changes
renaming the designated enforcement agency, establishment of a director for that agency, authority for
requiring certain employers to establish safety and health committees, and limiting penalties for other-thanserious violations in temporary labor camps. The Assistant Secretary approved the amended legislation on
September 15, 1982.
(b) In accordance with the requirements of 29 CFR 1952.10 the Oregon State Poster with assurance
submitted on September 2, 1975, was approved by the Assistant Secretary on November 5, 1975. The
State's revised poster which implemented the assurance was approved by the Assistant Secretary on
September 15, 1982.
(c) In accordance with §1952.108(d) Oregon has completed the training as described.
(d) Oregon has developed and implemented a computerized Management Information System.
(e) In accordance with §1952.108(f) Oregon has developed and implemented an Affirmative Action Plan.
(f) In accordance with §1952.108(e) a Statement of Goals and Objectives has been developed by the State
and was approved by the Assistant Secretary on June 24, 1977.
(g) The Oregon State Compliance Manual which is modeled after the Federal Field Operations Manual has
been developed by the State, and was approved by the Assistant Secretary on June 24, 1977.
(h) In accordance with the requirements of §1952.4, Oregon State recordkeeping and reporting regulations
adopted on June 4, 1974, and subsequently revised, were approved by the Assistant Secretary on August
28, 1980.
(i) In accordance with §1952.108 (c) and (g), the Oregon Workers' Compensation Department adopted
administrative regulations providing procedures for conduct and scheduling of inspections, extension of
abatement dates, variances, employee complaints, posting of citations and notices, and voluntary
compliance consultation in the public sector, effective July 1, 1974, with revisions incorporated in rules
effective August 1, 1982 and August 13, 1982. These regulations with supplemental assurances were
approved by the Assistant Secretary on September 15, 1982.
(j) In accordance with §1952.108(c) the Oregon Workers' Compensation Board adopted rules effective
December 20, 1973, governing practice and procedures for contested cases with revisions incorporated in
rules effective August 2, 1982. These rules were approved by the Assistant Secretary on September 15,
1982.
(k) The Oregon Workers' Compensation Department submitted rules of the Oregon Bureau of Labor and
Industries, the agency assigned responsibility for investigation of complaints of discrimination under the
Oregon Safe Employment Act. These regulations and rule effective June 21, 1982, and March 12, 1982 with
supplemental assurance were approved by the Assistant Secretary on September 15, 1982.
(l) In accordance with §1902.34 of this chapter, the Oregon occupational safety and health plan was certified
effective September 15, 1982, as having completed all developmental steps specified in the plan as
approved on December 28, 1972, on or before December 28, 1975. This certification attests to structural
completion, but does not render judgment on adequacy of performance.
[40 FR 24523, June 9, 1975, as amended at 41 FR 8955, Mar. 2, 1976; 41 FR 23671, June 11, 1976; 42 FR
34281, July 29, 1977; 45 FR 60430, Sept. 12, 1980; 47 FR 42104, 42106, Sept. 24, 1982. Redesignated at
52 FR 9162, Mar. 23, 1987, and further redesignated at 59 FR 42495, Aug. 18, 1994]
§ 1952.103 Compliance staffing benchmarks.
top
Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, compliance staffing levels (“benchmarks”)
necessary for a “fully effective” enforcement program were required for each State operating an approved
State plan. In October 1992, Oregon completed, in conjunction with OSHA, a reassessment of the health
staffing level initially established in 1980 and proposed a revised health benchmark of 28 health compliance
officers. Oregon elected to retain the safety benchmark level established in the 1980 Report to the Court of
the U.S. District Court for the District of Columbia in 1980 of 47 safety compliance officers. After opportunity
for public comment and service on the AFL-CIO, the Assistant Secretary approved these revised staffing
requirements on August 11, 1994.
[59 FR 42495, Aug. 18, 1994]
§ 1952.104 Final approval determination.
top
(a) In accordance with Section 18(e) of the Act and procedures in 29 CFR Part 1902, and after
determination that the state met the “fully effective” compliance staffing benchmarks as revised in 1994 in
response to a court order of the United States District Court for the District of Columbia in AFL-CIO v.
Marshall, (C.A. No. 74–406), and was satisfactorily providing reports to OSHA through participation in the
Federal-state Integrated Management Information System, the Assistant Secretary evaluated actual
operations under the Oregon State Plan for a period of at least one year following certification of completion
of developmental steps. Based on an 18(e) Evaluation Report covering the period October 1, 2002 through
September 30, 2003, and after opportunity for public comment, the Assistant Secretary determined that, in
operation, Oregon's occupational safety and health program (with the exception of temporary labor camps in
agriculture, general industry, construction and logging) is at least as effective as the Federal program in
providing safe and healthful employment and places of employment and meets the criteria for final state plan
approval in Section 18(e) of the Act and implementing regulations at 29 CFR part 1902. Accordingly, under
Section 18(e) of the Act, the Oregon State Plan was granted final approval and concurrent Federal
enforcement authority was relinquished for all worksites covered by the plan (with the exception of
temporary labor camps in agriculture, general industry, construction and logging), effective May 12, 2005.
(b) Except as otherwise noted, the plan which has received final approval covers all activities of employers
and all places of employment in Oregon. The plan does not cover private sector establishments on Indian
reservations and tribal trust lands, including tribal and Indian-owned enterprises; employment at Crater Lake
National Park; employment at the U.S. Department of Energy's Albany Research Center (ARC); Federal
agencies; the U.S. Postal Service and its contractors; contractors on U.S. military reservations, except those
working on U.S. Army Corps of Engineers dam construction projects; and private sector maritime
employment on or adjacent to navigable waters, including shipyard operations and marine terminals.
(c) Oregon is required to maintain a state program which is at least as effective as operations under the
Federal program; to submit plan supplements in accordance with 29 CFR part 1953; to allocate sufficient
safety and health enforcement staff to meet the benchmarks for state staffing established by the U.S.
Department of Labor, or any revisions to those benchmarks; and, to furnish such reports in such form as the
Assistant Secretary may from time to time require.
[70 FR 24954, May 12, 2005, as amended at 71 FR 2886, Jan. 18, 2006; 71 FR 36990, June 29, 2006]
§ 1952.105 Level of Federal enforcement.
top
(a) As a result of the Assistant Secretary's determination granting final approval to the Oregon State Plan
under Section 18(e) of the Act, effective May 12, 2005, occupational safety and health standards which have
been promulgated under Section 6 of the Act (with the exception of those applicable to temporary labor
camps in agriculture, general industry, construction and logging) do not apply with respect to issues covered
under the Oregon plan. This determination also relinquishes concurrent Federal OSHA authority to issue
citations for violations of such standards under Sections 5(a)(2) and 9 of the Act; to conduct inspections and
investigations under Section 8 (except those necessary to evaluate the plan under Section 18(f) and other
inspections, investigations, or proceedings necessary to carry out Federal responsibilities not specifically
preempted by Section 18(e)); to conduct enforcement proceedings in contested cases under Section 10; to
institute proceedings to correct imminent dangers under Section 13; and to propose civil penalties or initiate
criminal proceedings for violations of the Act under Section 17. The Assistant Secretary retains jurisdiction
under the above provisions in any proceeding commenced under Section 9 or 10 before the effective date of
the 18(e) determination. The Operational Status Agreement, effective January 23, 1975, and as amended,
effective December 12, 1983 and November 27, 1991, is superseded by this action, except that it will
continue to apply to temporary labor camps in agriculture, general industry, construction and logging.
(b)(1) In accordance with Section 18(e), final approval relinquishes Federal OSHA authority with regard to
occupational safety and health issues covered by the Oregon plan (with the exception of temporary labor
camps in agriculture, general industry, construction and logging). OSHA retains full authority over issues
which are not subject to state enforcement under the plan. Thus, Federal OSHA retains its authority relative
to:
(i) Standards in the maritime issues covered by 29 CFR parts 1915, 1917, 1918, and 1919 (shipyards,
marine terminals, longshoring, and gear certification), and enforcement of general industry and construction
standards (29 CFR parts 1910 and 1926) appropriate to hazards found in these employments, which have
been specifically excluded from coverage under the plan. This includes: Employment on the navigable
waters of the U.S.; shipyard and boatyard employment on or immediately adjacent to the navigable waters—
including floating vessels, dry docks, graving docks and marine railways—from the front gate of the work site
to the U.S. statutory limits; longshoring, marine terminal and marine grain terminal operations, except
production or manufacturing areas and their storage facilities; construction activities emanating from or on
floating vessels on the navigable waters of the U.S.; commercial diving originating from an object afloat a
navigable waterway; and all other private sector places of employment on or adjacent to navigable waters
whenever the activity occurs on or from the water;
(ii) Enforcement of occupational safety and health standards at all private sector establishments, including
tribal and Indian-owned enterprises, on all Indian and non-Indian lands within the currently established
boundaries of all Indian reservations, including the Warm Springs and Umatilla reservations, and on lands
outside these reservations that are held in trust by the Federal government for these tribes. (Businesses
owned by Indians or Indian tribes that conduct work activities outside the tribal reservation or trust lands are
subject to the same jurisdiction as non-Indian owned businesses.);
(iii) Enforcement of occupational safety and health standards at worksites located within Federal military
reservations, except private contractors working on U.S. Army Corps of Engineers dam construction
projects, including reconstruction of docks or other appurtenances;
(iv) Enforcement of occupational safety and health standards with regard to employment at Crater Lake
National Park;
(v) Enforcement of occupational safety and health standards with regard to employment at the U.S.
Department of Energy's Albany Research Center (ARC);
(vi) Enforcement of occupational safety and health standards with regard to all Federal government
employers and employees; and the U.S. Postal Service (USPS), including USPS employees, and contract
employees and contractor-operated facilities engaged in USPS mail operations.
(2) In addition, any hazard, industry, geographical area, operation or facility over which the state is unable to
effectively exercise jurisdiction for reasons which OSHA determines are not related to the required
performance or structure of the plan shall be deemed to be an issue not covered by the state plan which has
received final approval, and shall be subject to Federal enforcement. Where enforcement jurisdiction is
shared between Federal and state authorities for a particular area, project, or facility, in the interest of
administrative practicability Federal jurisdiction may be assumed over the entire project or facility. In any of
the aforementioned circumstances, Federal enforcement authority may be exercised after consultation with
the state designated agency.
(c) Federal authority under provisions of the Act not listed in Section 18(e) is unaffected by final approval of
the Oregon State Plan. Thus, for example, the Assistant Secretary retains authority under Section 11(c) of
the Act with regard to complaints alleging discrimination against employees because of the exercise of any
right afforded to the employee by the Act, although such complaints may be referred to the state for
investigation. The Assistant Secretary also retains authority under Section 6 of the Act to promulgate, modify
or revoke occupational safety and health standards which address the working conditions of all employees,
including those in states which have received an affirmative 18(e) determination, although such standards
may not be federally applied. In the event that the state's 18(e) status is subsequently withdrawn and
Federal authority reinstated, all Federal standards, including any standards promulgated or modified during
the 18(e) period, would be federally enforceable in that state.
(d) As required by Section 18(f) of the Act, OSHA will continue to monitor the operations of the Oregon state
program to assure that the provisions of the state plan are substantially complied with and that the program
remains at least as effective as the Federal program. Failure by the state to comply with its obligations may
result in the suspension or revocation of the final approval determination under Section 18(e), resumption of
Federal enforcement, and/or proceedings for withdrawal of plan approval.
[70 FR 24954, May 12, 2005, as amended at 71 FR 2886, Jan. 18, 2006; 71 FR 36990, June 29, 2006]
§ 1952.106 Where the plan may be inspected.
top
A copy of the principal documents comprising the plan may be inspected and copied during normal business
hours at the following locations:
Office of State Programs, Occupational Safety and Health Administration, U.S. Department of
Labor, Room N3700, 200 Constitution Avenue, N.W., Washington, D.C. 20210;
Office of the Regional Administrator, Occupational Safety and Health Administration, U.S.
Department of Labor, Suite 715, 1111 Third Avenue, Seattle, Washington 98101–3212; and
Oregon Occupational Safety and Health Division, Department of Consumer and Business
Services, Room 430, Labor and Industries Building, 350 Winter Street NE, Salem, Oregon 97310.
[59 FR 42495, Aug. 18, 1994]
§ 1952.107 Changes to approved plans.
top
In accordance with part 1953 of this chapter, the following Oregon plan changes were approved by the
Assistant Secretary:
(a) The State submitted a revised field operations manual patterned after the Federal field operations
manual, including modifications, in effect February 11, 1985, which superseded the State's previously
approved manual. The Assistant Secretary approved the manual on July 29, 1986.
(b) The State submitted an industrial hygiene technical manual patterned after the Federal manual, including
modifications, in effect March 30, 1984. The Assistant Secretary approved the manual on July 29, 1986.
(c) The State submitted an inspection scheduling system which schedules inspections based on lists of
employers with a high incidence of workers compensation claims, whose operations are within industries
with high injury rates, or which have a high potential for health problems. The Assistant Secretary approved
the supplement on July 29, 1986.
(d) The State submitted several changes to its administrative regulations concerning personal sampling,
petition to modify abatement dates, penalties for repeat violations, and recordkeeping exemptions. The
Assistant Secretary approved these changes on July 29, 1986.
(e) Legislation. (1) On March 29, 1994, the Acting Assistant Secretary approved Oregon's revised statutory
penalty levels as enacted subject to further action by the State in 1995 to correct the State's omission of
revisions of the penalty for posting violations. Aside from posting penalties, Oregon's revised penalty levels
are the same as the revised Federal penalty levels contained in section 17 of the Act as amended on
November 5, 1990.
(2) [Reserved]
(f) Oregon's State plan changes excluding coverage under the plan of all private sector employment
(including tribal and Indian-owned enterprises) on Umatilla Indian reservation or trust lands, by letters of
April 29 and July 14, 1997 (see §§1952.105); extending coverage under the plan to Superfund sites and
private contractors working on U.S. Army Corps of Engineers dam construction projects, as noted in a 1992
Memorandum of Understanding; and specifying four (4) unusual circumstances where Federal enforcement
authority may be exercised, as described in a 1991 addendum to the State's operational status agreement,
were approved by the Acting Assistant Secretary on September 24, 1997.
(g) Oregon's State plan changes extending Federal enforcement jurisdiction to shore side shipyard and
boatyard employment, as described in a 1998 Memorandum of Understanding and addendum to the State's
operational status agreement; and to all private sector employment, including tribal and Indian-owned
enterprises, on all Indian reservations, including establishments on trust lands outside of reservations, as
described in a separate 1998 addendum, were approved by the Assistant Secretary on January 6, 1999.
[51 FR 27025, July 29, 1986. Redesignated at 52 FR 9162, Mar. 23, 1987, as amended at 59 FR 14555,
Mar. 29, 1994. Further redesignated at 59 FR 42495, Aug. 18, 1994; 62 FR 49910, Sept. 24, 1997; 65 FR
36620, June 9, 2000]
Subpart E—Utah
top
§ 1952.110 Description of the plan as initially approved.
top
(a) The plan identifies the Utah State Industrial Commission as the State agency designated to administer
the plan throughout the State. It defines the covered occupational safety and health issues as defined by the
Secretary of Labor in 29 CFR 1902.2(c)(1). The plan states that the Utah Industrial Commission currently is
exercising statewide inspection authority to enforce many State standards. It describes procedures for the
development and promulgation of additional safety standards, rule making power for enforcement of
standards, laws, and orders in all places of employment in the State; the procedures for prompt restraint or
elimination of imminent danger conditions; and procedures for inspection in response to complaints. The
plan includes proposed draft legislation to be considered by the Utah Legislature during its 1973 session
amending title 35, chapter 1 of the Utah State Code and related provisions, to bring them into conformity
with the requirements of part 1902. Under this legislation all occupational safety and health standards and
amendments thereto which have been promulgated by the Secretary of Labor, except those found in 29
CFR 1910.13, 1910.14, 1910.15, and 1910.16 (ship repairing, shipbuilding, shipbreaking, and longshoring)
will, after public hearing by the Utah agency be adopted and enforced by that agency. The plan sets forth a
timetable for the proposed adoption of standards. The legislation will give the Utah Industrial Commission
full authority to administer and enforce all laws, rules, and orders protecting employee safety and health in
all places of employment in the State. It also proposes to bring the plan into conformity in procedures for
providing prompt and effective standards for the protection of employees against new and unforeseen
hazards and for furnishing information to employees on hazards, precautions, symptoms, and emergency
treatment; and procedures for variances and the protection of employees from hazards. The proposed
legislation will ensure employer and employee representatives an opportunity to accompany inspectors and
call attention to possible violations before, during, and after inspections; protection of employees against
discharge or discrimination in terms and conditions of employment; notice to employees of their protections
and obligations; adequate safeguards to protect trade secrets; prompt notice to employers and employees of
alleged violations of standards and abatement requirements; effective sanctions against employers; and
employer's right to review alleged violations, abatement periods, and proposed penalties with opportunity for
employee participation in the review proceedings.
(b) Included in the plan is a statement of the Governor's support for the proposed legislation and a statement
of legal opinion that it will meet the requirements of the Occupational Safety and Health Act of 1970, and is
consistent with the Constitution and laws of Utah. The plan sets out goals and provides a timetable for
bringing it into full conformity with part 1902 of this chapter upon enactment of the proposed legislation by
the State legislature.
(c) The plan includes the following documents as of the date of approval:
(1) The plan with appendixes.
(2) A letter from Carlyle F. Gronning, Chairman of the Utah Industrial Commission to the Office of State
Programs with an attached memo sheet of clarifications dated October 27, 1972.
(3) A letter from Carlyle F. Gronning to the Office of State Programs dated December 3, 1972, clarifying
issues raised in the plan review.
(4) A letter from Carlyle F. Gronning to the Office of Federal and State Operations dated December 11,
1972, clarifying the remaining issues raised in the review process.
[38 FR 1179, Jan. 10, 1973, as amended at 50 FR 28780, July 16, 1985]
§ 1952.111 Developmental schedule.
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The Utah plan is developmental. The following is the schedule of developmental steps provided by the plan:
(a) Introduction of resulting legislation in State Legislature during January 1973.
(b) Expected enactment of the enabling legislation by March 1973.
(c) Formal adoption of Federal standards and revocation of existing Utah State standards by September 1,
1973.
(d) Adoption of safety standards for agriculture by September 1, 1974.
(e) Formal adoption of parts 1903, 1904, and 1905 of this chapter as rules and regulations of Utah by July
1974.
(f) Effective date of new standards, commencement of State enforcement by September 1973.
(g) A management information system by July 1, 1974.
[38 FR 1179, Jan. 10, 1973. Redesignated at 50 FR 28780, July 16, 1985]
§ 1952.112 Completion of developmental steps and certification.
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(a) In accordance with the requirements of 29 CFR 1952.110, the Utah State poster was approved by the
Assistant Secretary on January 7, 1976.
(b) In accordance with §1952.113(g), the State has developed and implemented a Management Information
System.
(c) In accordance with the requirements of 29 CFR 1952.110(b), the Utah Occupational Safety and Health
Act, (chapter 9 of title 35 of the Utah State Code) effective July 1, 1973, was approved July 30, 1974.
(d) In accordance with the requirements of 29 CFR 1952.113(e), State regulations substantially identical to
29 CFR parts 1903, 1904, and 1905, have been adopted by the State and approved by the Assistant
Secretary on March 3, 1976.
(e) The State has developed and implemented rules of procedure for its review commission, consistent with
present law.
(f) The State plan has been amended to include an Affirmative Action Plan outlining the State's policy of
equal employment opportunity.
(g) In accordance with 29 CFR 1952.113 Utah has promulgated standards at least as effective as
comparable Federal standards as set out in 41 FR 11635, regarding all issues covered by the plan.
(h) In accordance with §1902.34 of this chapter, the Utah occupational safety and health plan was certified,
effective as of the date of publication on November 19, 1976, as having completed all developmental steps
specified in the plan as approved on January 4, 1973 on or before January 3, 1976.
[41 FR 1904, Jan. 13, 1976, as amended at 41 FR 10064, Mar. 9, 1976; 41 FR 15005, Apr. 9, 1976; 41 FR
46599, Oct. 22, 1976; 41 FR 51016, Nov. 19, 1976. Redesignated and amended at 50 FR 28780, July 16,
1985]
§ 1952.113 Compliance staffing benchmarks.
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Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, compliance staffing levels (benchmarks)
necessary for a “fully effective” enforcement program were required to be established for each State
operating an approved State plan. In September 1984, Utah, in conjunction with OSHA, completed a
reassessment of the levels initially established in 1980 and proposed revised compliance staffing
benchmarks of 10 safety and 9 health compliance officers. After opportunity for public comments and
service on the AFL-CIO, the Assistant Secretary approved these revised staffing requirements effective July
16, 1985.
[50 FR 28780, July 16, 1985]
§ 1952.114 Final approval determination.
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(a) In accordance with section 18(e) of the Act and procedures in 29 CFR part 1902, and after determination
that the State met the “fully effective” compliance staffing benchmarks as revised in 1984 in response to a
Court Order in AFL-CIO v. Marshall (CA 74–406), and was satisfactorily providing reports to OSHA through
participation in the Federal-State Unified Management Information System, the Assistant Secretary
evaluated actual operations under the Utah State plan for a period of at least one year following certification
of completion of developmental steps (41 FR 51014). Based on the 18(e) Evaluation Report for the period of
October 1, 1982 through March 31, 1984, and after opportunity for public comment, the Assistant Secretary
determined that in operation the State of Utah's occupational safety health program is at least as effective as
the Federal program in providing safe and healthful employment and places of employment and meets the
criteria for final State plan approval in section 18(e) of the Act and implementing regulations at 29 CFR part
1902. Accordingly, the Utah plan was granted final approval and concurrent Federal enforcement authority
was relinquished under section 18(e) of the Act effective July 16, 1985.
(b) Except as otherwise noted, the plan which has received final approval covers all activities of employers
and all places of employment in Utah. The plan does not cover private sector maritime employment;
employment on Hill Air Force Base; employment at the U.S. Department of Energy's Naval Petroleum and
Oil Shale Reserve, to the extent that it remains a U.S. DOE facility; Federal government employers and
employees; the U.S. Postal Service (USPS), including USPS employees, and contract employees and
contractor-operated facilities engaged in USPS mail operations; the enforcement of the field sanitation
standard, 29 CFR 1928.110, and the enforcement of the temporary labor camps standard, 29 CFR
1910.142, with respect to any agricultural establishment where employees are engaged in “agricultural
employment” within the meaning of the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C.
1802(3), regardless of the number of employees, including employees engaged in hand packing of produce
into containers, whether done on the ground, on a moving machine, or in a temporary packing shed, except
that Utah retains enforcement responsibility over agricultural temporary labor camps for employees engaged
in egg, poultry, or red meat production, or the post-harvest processing of agricultural or horticultural
commodities.
(c) Utah is required to maintain a State program which is at least as effective as operations under the
Federal program; to submit plan supplements in accordance with 29 CFR part 1953; to allocate sufficient
safety and health enforcement staff to meet the benchmarks for State staffing established by the U.S.
Department of Labor, or any revisions to those benchmarks; and, to furnish such reports in such form as the
Assistant Secretary may from time to time require.
[50 FR 28780, July 16, 1985, as amended at 62 FR 2560, Jan. 17, 1997; 65 FR 36620, June 9, 2000; 71 FR
36990, June 29, 2006]
§ 1952.115 Level of Federal enforcement.
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(a) As a result of the Assistant Secretary's determination granting final approval of the Utah plan under
section 18(e) of the Act, effective July 16, 1985, occupational safety and health standards which have been
promulgated under section 6 of the Act do not apply with respect to issues covered under the Utah plan.
This determination also relinquishes concurrent Federal OSHA authority to issue citations for violations of
such standards under sections 5(a)(2) and (9) of the Act; to conduct inspections and investigations under
section 8 (except those necessary to conduct evaluation of the plan under section 18(f) and other
inspections, investigations, or proceedings necessary to carry out Federal responsibilities not specifically
preempted by section 18(e)); to conduct enforcement proceedings in contested cases under section 10; to
institute proceedings to correct imminent dangers under section 13; and to propose civil penalties or initiate
criminal proceedings for violations of the Federal Act under section 17. The Assistant Secretary retains
jurisdiction under the above provisions in any proceeding commenced under section 9 or 10 before the
effective date of the 18(e) determination.
(b) In accordance with section 18(e), final approval relinquishes Federal OSHA authority only with regard to
occupational safety and health issues covered by the Utah plan. OSHA retains full authority over issues
which are not subject to State enforcement under the plan. Thus, Federal OSHA retains its authority relative
to safety and health enforcement in private sector maritime activities and will continue to enforce all
provisions of the Act, rules or orders, and all Federal standards, current or future, specifically directed to
maritime employment (29 CFR Part 1915, shipyard employment; Part 1917, marine terminals; Part 1918,
longshoring; Part 1919, gear certification), as well as provisions of general industry and construction
standards (29 CFR Parts 1910 and 1926) appropriate to hazards found in these employments. Federal
jurisdiction is retained and exercised by the Employment Standards Administration, U.S. Department of
Labor, (Secretary's Order 5–96, dated December 27, 1996) with respect to the field sanitation standard, 29
CFR 1928.110, and the enforcement of the temporary labor camps standard, 29 CFR 1910.142, in
agriculture, as described in §1952.114(b). Federal jurisdiction is also retained with regard to: all employment
on the Hill Air Force Base; all employment at the U.S. Department of Energy's Naval Petroleum and Oil
Shale Reserve, to the extent that it remains a U.S. DOE facility; Federal government employers and
employees; and the U.S. Postal Service (USPS), including USPS employees, and contract employees and
contractor-operated facilities engaged in USPS mail operations. Where enforcement jurisdiction is shared
between Federal and State authorities for a particular area, project, or facility, in the interest of
administrative practicability, Federal jurisdiction may be assumed over the entire project or facility. In either
of the two aforementioned circumstances, Federal enforcement may be exercised immediately upon
agreement between Federal and State OSHA.
(c) Federal authority under provisions of the Act not listed in section 18(e) is unaffected by final approval of
the plan. Thus, for example, the Assistant Secretary retains his authority under section 11(c) of the Act with
regard to complaints alleging discrimination against employees because of the exercise of any right afforded
to the employee by the Act, although such complaints may be referred to the State for investigation. The
Assistant Secretary also retains his authority under section 6 of the Act to promulgate, modify or revoke
occupational safety and health standards which address the working conditions of all employees, including
those in States which have received an affirmative 18(e) determination, although such standards may not be
Federally applied. In the event that the State's 18(e) status is subsequently withdrawn and Federal authority
reinstated, all Federal standards, including any standards promulgated or modified during the 18(e) period,
would be Federally enforceable in that State.
(d) As required by section 18(f) of the Act, OSHA will continue to monitor the operations of the Utah State
program to assure that the provisions of the State plan are substantially complied with and that the program
remains at least as effective as the Federal program. Failure by the State to comply with its obligations may
result in the revocation of the final determination under section 18(e), resumption of Federal enforcement
and/or proceedings for withdrawal of plan approval.
[50 FR 28780, July 16, 1985, as amended at 62 FR 2560, Jan. 17, 1997; 65 FR 36620, June 9, 2000; 71 FR
36990, June 29, 2006]
§ 1952.116 Where the plan may be inspected.
top
A copy of the principal documents comprising the plan may be inspected and copied during normal business
hours at the following locations:
Office of State Programs, Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue NW., Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health Administration, U.S.
Department of Labor, 1999 Broadway Suite 1690, Denver, Colorado 80202–5716; and
Office of the Commissioner, Labor Commission of Utah, 160 East 300 South, 3rd Floor, P.O. Box
146650, Salt Lake City, Utah 84114–6650.
[65 FR 36620, June 9, 2000]
§ 1952.117 Changes to approved plans.
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In accordance with part 1953 of this chapter, the following Utah plan changes were approved by the
Assistant Secretary:
(a) Legislation. (1) The State submitted an amendment to the Utah Administrative Rulemaking Act (chapter
46a, title 63, Utah Code Annotated 1953), which became effective on April 29, 1985, which provides for
rulemaking procedures similar to those of Federal OSHA in sections pertaining to expansion of definitions;
availability of proposed rule to the public; a set time period allowed for public comment; the time period
provided for a requested hearing to be held; and, provisions for determining the validity or applicability of a
rule in an action for declaratory judgment. The Assistant Secretary approved the amendment on October 24,
1988.
(2) The State submitted amendments to its Occupational Safety and Health Act (chapter 69, Utah Code
Annotated 1953), which became effective on April 29, 1985, which provide for seeking administrative
warrants, clarify review procedures for the hearing examiner, provide for issuing a permanent standard no
later than 120 days after publication of an emergency standard, and remove inconsistent requirements for
adopting rules and regulations. The Assistant Secretary approved the amendments on October 24, 1988.
(3) On March 29, 1994, the Assistant Secretary approved Utah's revised statutory penalty levels which are
the same as the revised Federal penalty levels contained in section 17 of the Act as amended on November
5, 1990.
(b) The Voluntary Protection Program. On December 30, 1993, the Assistant Secretary approved Utah's
plan supplement, which is generally identical to the Federal Voluntary Protection Program.
(c) Temporary labor camps/field sanitation. Effective February 3, 1997, the Assistant Secretary approved
Utah's plan amendment, dated July 31, 1996, relinquishing coverage for the issues of field sanitation (29
CFR 1928.110) and temporary labor camps (29 CFR 1910.142) in agriculture (except for agricultural
temporary labor camps associated with egg, poultry or red meat production, or the post-harvest processing
of agricultural or horticultural commodities.) The Employment Standards Administration, U.S. Department of
Labor, has assumed responsibility for enforcement of these Federal OSHA standards in agriculture in Utah
pursuant to Secretary of Labor's Order 5–96, dated December 27, 1996.
[53 FR 43689, Oct. 28, 1988, as amended at 59 FR 2295, Jan. 14, 1994; 59 FR 14555, Mar. 29, 1994; 62
FR 2561, Jan. 17, 1997]
Subpart F—Washington
top
Source: 38 FR 2422, Jan. 26, 1973, unless otherwise noted.
§ 1952.120 Description of the plan.
top
(a)(1) The plan identifies the Department of Labor and Industries as the State agency designated to
administer the plan throughout the State. It adopts the definition of occupational safety and health issues
expressed in §1902.2(c)(1) of this chapter. The plan contains a standards comparison of existing and
proposed State standards with Federal standards. All standards, except those found in 29 CFR parts 1915,
1916, 1917, and 1918 (ship repairing, shipbuilding, shipbreaking and longshoring) will be adopted and
enforced after public hearings within 1 year after the standards are found to be at least as effective by the
Secretary of Labor.
(2) The plan provides a description of personnel employed under a merit system; the coverage of employees
of political subdivisions, procedures for the development and promulgation of standards, including standards
for protection of employees against new and unforeseen hazards; and procedures for prompt restraint or
elimination of imminent danger situations.
(b)(1) The plan includes proposed draft legislation to be considered by the Washington Legislature during its
1973 legislative session creating a new chapter in title 49, Revised Code of Washington and repealing
existing provisions, to bring it into conformity with the requirements of part 1902. Under the proposed
legislation the Department of Labor and Industries will have full authority to enforce and administer laws
respecting safety and health of employees in all workplaces of the State. The legislation further proposes to
bring the State into conformity in areas such as variances and protection of employees from hazards.
(2) The legislation is also intended to insure inspections in response to complaints; give employer and
employee representatives an opportunity to accompany inspectors in order to aid inspections; notification of
employees or their representatives when no compliance action is taken as a result of alleged violations,
including informal review; notification of employees of their protections and obligations; protection of
employees against discharge or discrimination in terms and conditions of employment; adequate safeguards
to protect trade secrets; provision for prompt notice to employers and employees of alleged violations of
standards and abatement requirements; effective sanctions against employers for violations of standards
and orders; employer right of review to the Board of Industrial Insurance Appeals and then to the courts, and
employee participation in review proceedings. The plan also proposes to develop a program to encourage
voluntary compliance by employers and employees, including provision for on-site consultations.
(c) The plan includes a statement of the Governor's support for the legislation and a legal opinion from the
State attorney general that the legislation will meet the requirements of the Occupational Safety and Health
Act of 1970 and is consistent with the Constitution and laws of Washington. The plan sets out goals and
provides a timetable for bringing it into full conformity with part 1902 upon enactment of the proposed
legislation.
(d) The Washington plan includes the following documents as of the date of approval:
(1) The plan description documents including draft legislation and appendices in two volumes;
(2) Appendix 18, Standards Comparison;
(3) Letter from William C. Jacobs, Director, Department of Labor and Industries to James W. Lake, Assistant
Regional Director, OSHA, August 11, 1972, submitting justifications for discretionary sanctions for serious
violations and changing section 18(5) of WISHA to conform to the mandatory civil penalty for posting
violations under OSHA;
(4) Letter from John E. Hillier, Supervisor of Safety, Department of Labor and Industries to Thomas C.
Brown, Director, Office of Federal and State Operations, August 19, 1972, submitting justifications on the
sanction system and the review procedure in the Washington plan;
(5) Letter from William C. Jacobs to Thomas C. Brown, September 19, 1972, justifying the sanction system
as proposed by Washington;
(6) Letter from John E. Hillier to Thomas C. Brown, October 2, 1972, providing a detailed explanation of the
procedure for review of citations proposed by Washington;
(7) Letter from Stephen C. Way, Assistant Attorney General to Thomas C. Brown, October 19, 1972,
clarifying several issues raised during the review process including revision in the draft legislation;
(8) Letter from Stephen C. Way to the Assistant Secretary, January 5, 1973, clarifying most of the remaining
issues raised during the review process;
(9) Letter from William C. Jacobs to the Assistant Secretary, January 12, 1973, revising the penalty structure
in the draft legislation.
(e) The public comments will also be available for inspection and copying with the plan documents.
§ 1952.121 Where the plan may be inspected.
top
A copy of the principal documents comprising the plan may be inspected and copied during normal business
hours at the following locations:
Office of State Programs, Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue NW., Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health Administration, U.S.
Department of Labor, Suite 715, 1111 Third Avenue, Seattle, Washington, 98101–3212;
Office of the Director, Washington Department of Labor and Industries, General Administration
Building, P.O. Box 44001, Olympia, Washington 98504–4001; and
Office of the Director, Washington Department of Labor and Industries, General Administration
Building, 7273 Linderson Way, SW., Tumwater, Washington, 98502.
[65 FR 36620, June 9, 2000]
§ 1952.122 Level of Federal enforcement.
top
(a) Pursuant to §§1902.20(b)(1)(iii) and 1954.3 of this chapter under which an agreement has been entered
into with Washington, effective May 30, 1975, and amended several times effective October 2, 1979, May
29, 1981, April 3, 1987, and October 27, 1989; and based on a determination that Washington is operational
in the issues covered by the Washington occupational safety and health plan, discretionary Federal
enforcement authority under section 18(e) of the Act (29 U.S.C. 667(e)) will not be initiated with regard to
Federal occupational safety and health standards in issues covered under 29 CFR Parts 1910 and 1926,
except as provided in this section. The U.S. Department of Labor will continue to exercise authority, among
other things, with regard to:
(1) Enforcement of new Federal standards until the State adopts a comparable standard;
(2) Enforcement of all Federal standards, current and future, in the maritime issues covered by 29 CFR
Parts 1915, 1917, 1918, and 1919 (shipyards, marine terminals, longshoring, and gear certification), and
enforcement of general industry and construction standards (29 CFR Parts 1910 and 1926) appropriate to
hazards found in these employments, as they relate to employment under the exclusive jurisdiction of the
Federal government on the navigable waters of the United States, including but not limited to dry docks or
graving docks, marine railways or similar conveyances (e.g., syncrolifts and elevator lifts), fuel operations,
drilling platforms or rigs, dredging and pile driving, and diving;
(3) Complaints and violations of the discrimination provisions of section 11(c) of the Act (29 U.S.C. 660(c));
(4) Enforcement in situations where the State is refused entry and is unable to obtain a warrant or enforce its
right of entry;
(5) Enforcement of unique and complex standards as determined by the Assistant Secretary;
(6) Enforcement in situations when the State is unable to exercise its enforcement authority fully or
effectively;
(7) Enforcement of occupational safety and health standards within the borders of all military reservations;
(8) Enforcement at establishments of employers who are federally recognized Indian Tribes or enrolled
members of these Tribes—including establishments of the Yakama Indian Nation and Colville Confederated
Tribes, which were previously excluded by the State in 1987 and 1989 respectively—where such
establishments are located within the borders of Indian reservations, or on lands outside these reservations
that are held in trust by the Federal government for these Tribes. (Non-member private sector or State and
local government employers located within a reservation or on Trust lands, and member employers located
outside the territorial boundaries of a reservation or Trust lands, remain the responsibility of the State.);
(9) Investigations and inspections for the purpose of evaluation of the Washington plan under sections 18(e)
and (f) of the Act (29 U.S.C. 667(e) and (f)); and
(10) Enforcement of occupational safety and health standards with regard to all Federal government
employers and employees; and the U.S. Postal Service (USPS), including USPS employees, and contract
employees and contractor-operated facilities engaged in USPS mail operations.
(b) The OSHA Regional Administrator will make a prompt recommendation for the resumption of the
exercise of Federal enforcement authority under section 18(e) of the Act (29 U.S.C. 667(e)) whenever, and
to the degree, necessary to assure occupational safety and health protection to employees in Washington.
[65 FR 36621, June 9, 2000, as amended at 69 FR 20829, Apr. 19, 2004]
§ 1952.123 Developmental schedule.
top
The Washington State plan is developmental. The following is the developmental schedule as provided by
the plan:
(a) Introduction of the legislation in the 1973 Legislative Session;
(b) Public hearings and promulgation of occupational safety and health standards within 1 year after the
proposed standards are found to be at least as effective by the Secretary of Labor;
(c) Promulgation and adoption of rules and regulations concerning procedures for assuming all obligations
and functions arising from the legislation within 1 year of its effective date;
(d) Development and implementation of a data processing system (M.I.S.) 6 months after approval of the
plan;
(e) Achievement of training objectives by December 31, 1973;
(f) Upgrading of the Division of Safety personnel following legislative action on recommendations submitted
to the 1973 Legislature.
§ 1952.124 Completion of developmental steps and certification.
top
(a) In accordance with the requirements of §1952.123(a) the Washington Industrial Safety and Health Act of
1973, hereinafter referred to as WISHA (S.B. 2386, RCW chapter 49.17), signed by the Governor on March
9, 1973, effective on June 7, 1973, was approved July 3, 1974 (39 FR 25326).
(b) In accordance with the requirements of §1952.10, the Washington State Poster submitted on October 6,
1975, was approved by the Assistant Secretary on December 17, 1975. In accordance with the State's
formal assurance, the poster was revised, effective June 1, 1982, to specify that public employees can only
file discrimination complaints with the State because Federal jurisdiction under section 11(c) of the Act does
not apply to State public employees. This revised poster was approved by the Assistant Secretary on August
3, 1983.
(c) The Washington State Compliance Operations Manual, modeled after the Federal Field Operations
Manual, was developed by the State and was approved by the Assistant Secretary on March 19, 1976. The
manual was subsequently revised on July 23, October 20, and December 1980, and was approved by the
Assistant Secretary on January 26, 1982. A March 1, 1983, revision to the manual which provided
clarification of the difference between temporary and permanent variances in accordance with State formal
assurances was approved by the Assistant Secretary on August 3, 1983.
(d) In accordance with §1952.123(c), Washington regulations covering Reassumption of Jurisdiction were
adopted by June 7, 1974, and were approved by the Assistant Secretary on March 19, 1976.
(e) In accordance with §1952.123(e) Washington has completed the training as described in this section.
(f) In accordance with §1952.123(d) Washington has developed and implemented a computerized
Management Information System.
(g) In accordance with §1952.123(f) Washington has completed the upgrading of salaries of safety
personnel.
(h) In accordance with §1952.123(c) Washington has adopted rules and regulations covering recordkeeping
and reporting requirements.
(i) An industrial hygiene operations manual, effective March 1, 1980, with revisions effective July 1 and
September 21, 1981, modeled after the Federal manual was approved by the Assistant Secretary on
January 26, 1982.
(j) In accordance with §1952.123(c), the Washington Department of Labor and Industries adopted
administrative regulations providing procedures for conduct and scheduling of inspections, extension of
abatement dates, variances, employee complaints of hazards and discrimination, posting of citations and
notices, effective May 14, 1975, and revisions effective December 31, 1980, and July 22, 1981. Likewise,
the Washington Board of Industrial Insurance Appeals adopted rules effective April 4, 1975, governing
practice and procedure for contested cases with revision effective March 26, 1976. These regulations and
rules were approved by the Assistant Secretary on January 26, 1982. In accordance with State formal
assurances the State added provision to the regulations effective July 11, 1982, to require posting of
redetermination notices, settlements, notices related to appeals; deleting an incorrect reference to
administrative hearing procedures used in workers compensation cases; requiring settlement agreements to
address abatement dates and penalty payments; and deleting a requirement to put discrimination
complaints in writing. These changes were approved by the Assistant Secretary on August 3, 1983.
(k) In accordance with §1902.34 of this chapter, the Washington occupational safety and health plan was
certified effective January 26, 1982, as having completed all developmental steps specified in the plan as
approved on January 26, 1973 on or before January 26, 1976. This certification attests to structural
completion, but does not render judgment on adequacy of performance.
[40 FR 59345, Dec. 23, 1975, as amended at 41 FR 12655, Mar. 26, 1976; 41 FR 17549, Apr. 27, 1976; 41
FR 23672, June 11, 1976; 41 FR 51016, Nov. 19, 1976; 47 FR 5889, 5891, Feb. 9, 1982; 48 FR 37025,
Aug. 16, 1983]
§ 1952.125 Changes to approved plans.
top
(a) In accordance with part 1953 of this chapter, the following Washington plan changes were approved by
the Assistant Secretary on August 4, 1980.
(b) In accordance with subpart E of part 1953 of this chapter, the Assistant Secretary has approved the
participation of the Washington Department of Labor and Industries in its November 17, 1989, agreement
with the Colville Confederated Tribes, concerning an internal occupational safety and health program on the
Colville reservation. Under this agreement, Washington exercises enforcement authority over non-Indianowned workplaces under the legal authority set forth in its State plan. (Federal OSHA will exercise
enforcement authority over Indian-owned or Tribal workplaces, as provided in 29 CFR 1952.122.)
(c) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Washington's revised statutory
penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as
amended on November 5, 1990.
[45 FR 53459, Aug. 12, 1980, as amended at 55 FR 37467, Sept. 12, 1990; 59 FR 14555, Mar. 29, 1994; 67
FR 60129, Sept. 25, 2002]
Subparts G–H [Reserved]
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Subpart I—North Carolina
top
§ 1952.150 Description of the plan as initially approved.
top
(a) The Department of Labor has been designated by the Governor of North Carolina to administer the plan
throughout the State. The Department of Labor has entered into an agreement with the State Board of
Health whereby the State Board of Health is to assist the Department of Labor in the administration and
enforcement of occupational health standards. However, full authority for the promulgation and enforcement
of occupational safety and health standards remains with the Department of Labor. The plan defines the
covered occupational safety and health issues as defined by the Secretary of Labor in §1902.2(c)(1) of this
chapter. Moreover, it is understood that the plan will cover all employers and employees in the State except
those whose working conditions are not covered by the Federal act by virtue of section 4(b)(1) thereof,
dockside maritime and domestic workers. The Department of Labor is currently exercising statewide
inspection authority to enforce many State standards. The plan describes procedures for the development
and promulgation of additional laws, and orders in all places of employment in the State; the procedures for
prompt restraint or elimination of imminent danger conditions; and procedures for inspections in response to
complaints.
(b) The plan includes proposed draft legislation to be considered by the North Carolina General Assembly
during its 1973 session. Such legislation is designed to implement major portions of the plan and to bring it
into conformity with the requirements of part 1902 of this chapter.
(c) Under this legislation, all occupational safety and health standards and amendments thereto which have
been promulgated by the Secretary of Labor, except those found in parts 1915, 1916, 1917, and 1918 of this
chapter (ship repairing, shipbuilding, shipbreaking, and longshoring) will be adopted upon ratification of the
proposed legislation. Enforcement of such standards will take place 90 days thereafter.
(d) The legislation will give the Department of Labor full authority to administer and enforce all laws, rules
and orders protecting employee safety and health in all places of employment in the State. It also proposes
to bring the plan into conformity in procedures for providing prompt and effective standards for the protection
of employees against new and unforeseen hazards and for furnishing information to employees on hazards,
precautions, symptoms, and emergency treatment; and procedures for variances.
(e) The proposed legislation will insure employer and employee representatives an opportunity to
accompany inspectors and to call attention to possible violations before, during, and after inspections;
protection of employees against discharge or discrimination in terms and conditions of employment; notice
to employees of their protections and obligations; adequate safeguards to protect trade secrets; prompt
notice to employers and employees of alleged violations of standards and abatement requirements; effective
sanctions against employers; and employer's right to review of alleged violations, abatement periods, and
proposed penalties with opportunity for employee participation in the review proceedings.
(f) The Plan also provides for the development of a program to encourage voluntary compliance by
employers and employees.
(g) The Plan includes a statement of the Governor's support for the proposed legislation and a statement of
legal opinion that it will meet the requirements of the Occupational Safety and Health Act of 1970, and is
consistent with the constitution and laws of North Carolina. The Plan sets out goals and provides a timetable
for bringing it into full conformity with part 1902 upon enactment of the proposed legislation by the State
legislature.
(h) The North Carolina Plan includes the following documents as of the date of approval:
(1) The Plan description document with appendixes.
(2) Telegram from the Governor of North Carolina, James E. Holshouser, Jr., expressing his full support for
the Occupational Safety and Health Act of North Carolina and his anticipation of its passage during the 1973
session of the North Carolina General Assembly.
(3) Letter from W. C. Creel, Commissioner, North Carolina Department of Labor, to Mr. Thomas C. Brown,
Director, Federal and State Operations, clarifying several issues raised during the review process.
(4) Also available for inspection and copying with the Plan documents will be the public comments received
during the review process.
[38 FR 3042, Feb. 1, 1973, as amended at 51 FR 2488, Jan. 17, 1986]
§ 1952.151 Developmental schedule.
top
The North Carolina Plan is developmental. The following is the schedule of the developmental steps
provided by the Plan:
(a) It is estimated that the draft bill will be enacted by April 1, 1973.
(b) The Federal standards will be adopted on the date the bill is ratified.
(c) A refresher course for inspectors will begin sixty (60) days after the enactment of the draft bill.
(d) Merit system examinations of current department of labor personnel will be completed within sixty (60)
days after Federal acceptance of the State Plan.
(e) The hiring of new personnel in both the department of labor and the State board of health will begin thirty
(30) days after the department is assured that State and Federal funds are available. Tentative plans
provide for both agencies to be fully staffed within six (6) months after the enactment of the bill.
(f) All new personnel will receive official OSHA training in the National Institute of Training. Employment
dates will generally correspond to dates established for the Institute schools.
(g) Employers and employees will be notified of the availability of consultative services within ninety (90)
days after ratification of the draft bill.
(h) The Department of Labor will initiate a developmental plan for a “Management Information System” on
the date of Plan approval. This program is to be fully implemented in ninety (90) days after enactment of the
proposed legislation.
(i) The enforcement of standards will begin ninety (90) days after ratification of the draft bill.
(j) A State Compliance Operations Manual is to be completed ninety (90) days after ratification of the draft
bill.
(k) The Commissioner will begin issuing administrative “rules and regulations” when necessary as stated in
the draft bill ninety (90) days after ratification of the draft bill. Meanwhile, the Federal rules and regulations
will be adopted and applied until the State rules and regulations are acceptable.
(l) Safety programs for State employees will begin one (1) year and ninety (90) days after ratification of the
draft bill, with full implementation scheduled a year later.
(m) Safety programs for large counties and municipalities with over 10,000 population will be initiated ninety
(90) days after draft bill ratification. Full implementation will occur one (1) year later.
(n) Safety programs for other counties and municipalities with 4,000 to 10,000 population will be initiated
within two (2) years and ninety (90) days after Plan grant is approved. Full implementation will occur three
(3) years after grant award.
(o) Safety programs for towns and other governing units having between 1,000 and 4,000 population will be
initiated within two (2) years and ninety (90) days after Plan grant is approved, with full implementation
within three years after grant award.
(p) A State “Safety and Health” poster will be prepared within ninety (90) days after ratification of the draft
bill.
(q) The State of North Carolina will be fully operational with respect to agriculture 1 year and 90 days after
enactment of the draft bill.
[38 FR 3042, Feb. 1, 1973. Redesignated at 51 FR 2488, Jan. 17, 1986]
§ 1952.152 Completion of developmental steps and certification.
top
(a) In accordance with §1952.153(a) the Occupational Safety and Health Act of North Carolina (S.B. 342,
Chapter 295) was enacted by the State legislature on May 1, 1973, and became effective on July 1, 1973.
(b) In accordance with §1952.153(b), the North Carolina occupational safety and health standards identical
to Federal standards (thru 12–3–74) have been promulgated and approved, as revised, by the Assistant
Regional Director on March 11, 1975 (40 FR 11420).
(c)(1) In accordance with §1952.153(p) and the requirements of 29 CFR 1952.10, the North Carolina poster
for private employers was approved by the Assistant Secretary on April 17, 1975.
(2) In accordance with §1952.153(p) and the requirements of 29 CFR 1952.10, the North Carolina poster for
public employees was approved by the Assistant Secretary on April 20, 1976.
(d) In accordance with §1952.153(q) full coverage of agricultural workers by the North Carolina Department
of Labor began on April 1, 1974.
(e) The State plan has been amended to include an Affirmative Action Plan in which the State outlines its
policy of equal employment opportunity.
(f) In accordance with §1952.153(c) all North Carolina compliance personnel have completed refresher
training courses.
(g) In accordance with §1952.153(d) all occupational safety and health personnel in the North Carolina
Department of Labor are covered by the State merit system which the U.S. Civil Service Commission (by
letter dated January 22, 1976) has found to be in substantial conformity with the “Standards for a Merit
System of Personel Administration.” Agreement with the North Carolina Department of Human Resources
specifies that all health personnel cooperating in the State occupational safety and health program are
likewise covered by the State merit system.
(h) In accordance with §1952.153(f) all North Carolina compliance personnel have attended basic training
courses at the OSHA Institute in Chicago.
(i) In accordance with §1952.153(g) the North Carolina Department of Labor has publicly disseminated
information on the availability of consultative services.
(j) In accordance with §1952.153(h) a manual Management Information System which provides the quarterly
statistical reports required by the Assistant Secretary as well as internal management data has been
developed and is fully operational.
(k) In accordance with §1952.153(i) State enforcement of standards began on July 1, 1973.
(l) In accordance with §1952.153(k) the State has promulgated the following administrative “rules and
regulations”:
(1) Regulation 7B.0100: Inspections, Citations and Proposed Penalties.
(2) Regulation 7B.0300: Recording and Reporting of Occupational Injuries and Illnesses.
(3) Regulation 7B.0400: Rules of Practice for Variances.
(4) Regulation 7B.0500: Rules of Procedure for Promulgating, Modifying or Revoking Occupational Safety
and Health Standards.
(5) Regulation 7B.0700: State Advisory Council on Occupational Safety and Health.
(m) The North Carolina Occupational Safety and Health Review Board has adopted Rules of Procedure
governing its review of contested cases.
(n) In accord with §1952.153( l ), Safety programs for State employees were initiated and implemented.
(o) In accord with §1952.153(m), Safety programs for large counties and municipalities with over 10,000
population were initiated and implemented.
(p) In accord with §1952.153(n), Safety programs for other counties and municipalities with 4,000 to 10,000
population were initiated and implemented.
(q) In accord with §1952.153(o), Safety programs for towns and other governing units having between 1,000
and 4,000 population were initiated and implemented.
(r) In accord with §1952.153(e) and §1902.3(d) the North Carolina occupational safety and health program
has been fully staffed.
(s) In accordance with §1952.153(j) the State has developed and amended a Compliance Operations
Manual which defines the procedures and guidelines to be used by the North Carolina compliance staff in
carrying out the goals of the program.
(t) In accordance with §1902.34 of this chapter, the North Carolina occupational safety and health plan was
certified, effective October 5, 1976, as having completed on or before March 31, 1976 all development steps
specified in the plan as approved on January 26, 1973.
[40 FR 18429, Apr. 28, 1975, as amended at 41 FR 17547, Apr. 27, 1976; 41 FR 22562, June 4, 1976; 41
FR 41083, Sept. 21, 1976; 41 FR 43897–43900, 43902, Oct. 5, 1976. Redesignated at 51 FR 2488, Jan. 17,
1986]
§ 1952.153 Compliance staffing benchmarks.
top
Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, compliance staffing levels (“benchmarks”)
necessary for a “fully effective” enforcement program were required for each State operating an approved
State plan. In September 1984, North Carolina, in conjunction with OSHA, completed a reassessment of the
levels initially established in 1980 and proposed revised benchmarks of 50 safety and 27 health compliance
officers. After opportunity for public comment and service on the AFL-CIO, the Assistant Secretary approved
these revised staffing requirements on January 17, 1986. In June 1990, North Carolina reconsidered the
information utilized in the initial revision of its 1980 benchmarks and determined that changes in local
conditions and improved inspection data warranted further revision of its benchmarks to 64 safety inspectors
and 50 industrial hygienists. After opportunity for public comment and service on the AFL-CIO, the Assistant
Secretary approved these revised staffing requirements on June 4, 1996.
[61 FR 28055, June 4, 1996]
§ 1952.154 Final approval determination.
top
(a) In accordance with section 18(e) of the Act and procedures in 29 CFR part 1902, and after determination
that the State met the “fully effective” compliance staffing benchmarks as revised in 1984 and 1996 in
response to a court order in AFL-CIO v. Marshall, 570 F.2d 1030 (D.C. Cir. 1978), and was satisfactorily
providing reports to OSHA through participation in the Federal-State Integrated Management Information
System, the Assistant Secretary evaluated actual operations under the North Carolina State plan for a
period of at least one year following certification of completion of developmental steps (41 FR 43896). Based
on the Biennial Evaluation Report covering the period of October 1, 1993, through September 30, 1995, an
18(e) Evaluation Report covering the period October 1, 1995, through June 30, 1996, and after opportunity
for public comment, the Assistant Secretary determined that in operation the State of North Carolina's
occupational safety and health program is at least as effective as the Federal program in providing safe and
healthful employment and places of employment and meets the criteria for final State plan approval in
section 18(e) of the Act and implementing regulations at 29 CFR part 1902. Accordingly, the North Carolina
plan was granted final approval and concurrent Federal enforcement authority was relinquished under
section 18(e) of the Act effective December 10, 1996.
(b) Except as otherwise noted, the plan which has received final approval covers all activities of employers
and all places of employment in North Carolina. The plan does not cover Federal government employers
and employees; the U.S. Postal Service (USPS), including USPS employees, and contract employees and
contractor-operated facilities engaged in USPS mail operations; the American National Red Cross; private
sector maritime activities; employment on Indian reservations; enforcement relating to any contractors or
subcontractors on any Federal establishment where the land has been ceded to the Federal Government;
railroad employment; and enforcement on military bases.
(c) North Carolina is required to maintain a State program which is at least as effective as operations under
the Federal program; to submit plan supplements in accordance with 29 CFR part 1953; to allocate sufficient
safety and health enforcement staff to meet the benchmarks for State staffing established by the U.S.
Department of Labor, or any revisions to those benchmarks; and, to furnish such reports in such form as the
Assistant Secretary may from time to time require.
[61 FR 66601, Dec. 18, 1996, as amended at 65 FR 36621, June 9, 2000; 65 FR 62612, Oct. 19, 2000]
§ 1952.155 Level of Federal enforcement.
top
(a) As a result of the Assistant Secretary's determination granting final approval to the North Carolina State
plan under section 18(e) of the Act, effective December 10, 1996, occupational safety and health standards
which have been promulgated under section 6 of the Act do not apply with respect to issues covered under
the North Carolina Plan. This determination also relinquishes concurrent Federal OSHA authority to issue
citations for violations of such standards under sections 5(a)(2) and 9 of the Act; to conduct inspections and
investigations under section 8 (except those necessary to conduct evaluation of the plan under section 18(f)
and other inspections, investigations, or proceedings necessary to carry out Federal responsibilities not
specifically preempted by section 18(e)); to conduct enforcement proceedings in contested cases under
section 10; to institute proceedings to correct imminent dangers under section 13; and to propose civil
penalties or initiate criminal proceedings for violations of the Federal OSH Act under section 17. The
Assistant Secretary retains jurisdiction under the above provisions in any proceeding commenced under
section 9 or 10 before the effective date of the 18(e) determination.
(b)(1) In accordance with section 18(e), final approval relinquishes Federal OSHA authority only with regard
to occupational safety and health issues covered by the North Carolina plan. OSHA retains full authority
over issues which are not subject to State enforcement under the plan. Thus, Federal OSHA retains its
authority relative to safety and health in private sector maritime activities and will continue to enforce all
provisions of the Act, rules or orders, and all Federal standards, current or future, specifically directed to
private sector maritime activities (occupational safety and health standards comparable to 29 CFR Parts
1915, shipyard employment; 1917, marine terminals; 1918, longshoring; and 1919; gear certification, as well
as provisions of general industry and construction standards (29 CFR Parts 1910 and 1926) appropriate to
hazards found in these employments); employment on Indian reservations; enforcement relating to any
contractors or subcontractors on any Federal establishment where the land has been ceded to the Federal
Government; railroad employment, not otherwise regulated by another Federal agency; and enforcement on
military bases. Federal jurisdiction is also retained with respect to Federal government employers and
employees; the U.S. Postal Service (USPS), including USPS employees, and contract employees and
contractor-operated facilities engaged in USPS mail operations; and the American National Red Cross.
(2) In addition, any hazard, industry, geographical area, operation or facility over which the State is unable to
effectively exercise jurisdiction for reasons which OSHA determines are not related to the required
performance or structure of the plan shall be deemed to be an issue not covered by the State plan which
has received final approval, and shall be subject to Federal enforcement. Where enforcement jurisdiction is
shared between Federal and State authorities for a particular area, project, or facility, in the interest of
administrative practicability Federal jurisdiction may be assumed over the entire project or facility. In any of
the aforementioned circumstances, Federal enforcement authority may be exercised after consultation with
the State designated agency.
(c) Federal authority under provisions of the Act not listed in section 18(e) is unaffected by final approval of
the North Carolina State plan. Thus, for example, the Assistant Secretary retains his authority under section
11(c) of the Act with regard to complaints alleging discrimination against employees because of the exercise
of any right afforded to the employee by the Act, although such complaints may be referred to the State for
investigation. The Assistant Secretary also retains his authority under section 6 of the Act to promulgate,
modify or revoke occupational safety and health standards which address the working conditions of all
employees, including those in States which have received an affirmative 18(e) determination, although such
standards may not be Federally applied. In the event that the State's 18(e) status is subsequently withdrawn
and Federal authority reinstated, all Federal standards, including any standards promulgated or modified
during the 18(e) period, would be Federally enforceable in that State.
(d) As required by section 18(f) of the Act, OSHA will continue to monitor the operations of the North
Carolina State program to assure that the provisions of the State plan are substantially complied with and
that the program remains at least as effective as the Federal program. Failure by the State to comply with its
obligations may result in the revocation of the final approval determination under section 18(e), resumption
of Federal enforcement, and/or proceedings for withdrawal of plan approval.
[61 FR 66601, Dec. 18, 1996, as ameded at 65 FR 36621, June 9, 2000; 65 FR 62612, Oct. 19, 2000]
§ 1952.156 Where the plan may be inspected.
top
A copy of the principal documents comprising the plan may be inspected and copied during normal business
hours at the following locations:
Office of State Programs, Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health Administration, U.S.
Department of Labor, Atlanta Federal Center, 61 Forsyth Street, SW, Room 6T50, Atlanta,
Georgia 30303; and
Office of the Commissioner, North Carolina Department of Labor, 4 West Edenton Street,
Raleigh, North Carolina 27601–1092.
[65 FR 36621, June 9, 2000]
§ 1952.157 Changes to approved plan.
top
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved North Carolina's revised statutory
penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as
amended on November 5, 1990.
(2) [Reserved]
(b) The Voluntary Protection Program. On June 24, 1994, the Assistant Secretary approved North Carolina's
plan supplement, which is generally identical to the Federal STAR Voluntary Protection Program. North
Carolina's “Carolina” VVP is limited to the STAR Program, and excludes the MERIT and DEMONSTRATION
Programs. Also, injury rates must be at or below 50 percent of the State injury average rather than the
National injury average.
[59 FR 39257, Aug. 2, 1994]
Subpart J—Iowa
top
§ 1952.160 Description of the plan as initially approved.
top
(a)(1) The plan identifies the Bureau of Labor as the State agency designated to administer the plan
throughout the State. Its responsibilities include both occupational safety and occupational health, the latter
on a developmental basis. The plan defines the covered occupational safety and health issues as defined by
the Secretary of Labor in 29 CFR 1902.2(c)(i). Under existing occupational safety and health legislation,
effective July 1, 1972, Iowa has adopted as interim standards all the occupational safety and health
standards and amendments thereto which had been promulgated by the Secretary of Labor, except those
found in 29 CFR parts 1915, 1916, 1917 and 1918 (Ship repairing, ship building, ship breaking and
longshoring). Hearings have been held on the adoption, as permanent standards, of the standards in 29
CFR parts 1910 and 1926. Under its existing legislation, the Bureau of Labor has exercised statewide
inspection authority to enforce State standards which are identical to Federal standards. The legislation
covers all employers including the State and its political subdivisions and gives the Iowa Bureau of Labor full
authority to administer and enforce all laws, rules, and orders protecting employee safety and health in all
places of employment in the State.
(2) The legislation contains procedures for the promulgation of standards, including standards for the prompt
protection of employees against new and unforeseen hazards; furnishing information to employees on
hazards, precautions, symptoms, and emergency treatment; procedures for granting temporary and
permanent variances; and for the protection of employees from hazards. The law provides for inspections
including inspections in response to complaints; ensures employer and employee representatives an
opportunity to accompany inspectors and call attention to possible violations before, during and after
inspections; protection of employees against discharge or discrimination in terms or conditions of
employment through court suits brought by the Bureau of Labor; notice to employees of their protections and
obligations under the State law; imminent danger abatement through court injunctions; safeguards to protect
trade secrets; prompt notice to employers and employees of alleged violations of standards and abatement
requirements; effective sanctions against employers; employer right to review of alleged violations,
abatement periods, and proposed penalties with an opportunity for employee participation as parties; and
employee review of any citation issued to the employee, in review proceedings before the independent
Review Commission.
(3) The plan is developmental in the establishment of a compliance program for agriculture, mercantile and
service employees; development of an occupational health program; developing a management information
system; and hiring and training of staff under the existing State merit system.
(b) Included in the plan is a statement of the Governor's support for the plan and a statement of legal opinion
that the legislation will meet the requirements of the Occupational Safety and Health Act of 1970 and is
consistent with the Constitution and laws of Iowa. The plan sets out goals and provides a timetable for
bringing it into full conformity with part 1902 at the end of three years after the commencement of operations
under the plan.
(c) The plan includes the following documents as of the date of approval:
(1) The plan document with appendices;
(2) Letters from Jerry L. Addy, Commissioner of Labor, dated January 2, 1973, and March 21, 1973, with
clarifications and modifications of the plan;
(3) Iowa has also submitted the following regulations adopted by the State:
(i) Chapter 3 of the Iowa Bureau of Labor Administrative Rules dealing with inspections, citations, and
proposed penalties, adopted July 25, 1972;
(ii) Chapter 4 of the Iowa Bureau of Labor Administrative Rules dealing with recording and reporting
occupational injuries and illnesses adopted July 11, 1973, and amended July 25, 1972;
(iii) Chapter 5 of the Iowa Bureau of Labor Administrative Rules dealing with rules of practice for variances,
limitations, variations, tolerances, and exemptions adopted July 25, 1972, and amended October 5, 1972.
These adopted rules and regulations which were not part of the plan as originally submitted will be evaluated
in accordance with the review of completions of developmental steps in State plans.
[37 FR 19370, July 20, 1973, as amended at 50 FR 27243, July 2, 1985]
§ 1952.161 Developmental schedule.
top
The Iowa State plan is developmental. The following is the developmental schedule as amended and
provided by the plan:
(a) Enabling legislation becomes effective (Chapter 88 of Iowa Code)—July 1972.
(b) Corrective amendments to Chapter 88 of Iowa Code become effective—July 1975.
(c) Adoption of Federal Standards as interim State standards—July 1972.
(d) Promulgation of Federal Standards as permanent State standards—July 1973.
(e) Development of training program for employers and employees—October 1974.
(f) Complete hiring of additional staff—April 1975.
(g) Basic training of staff—May 1975.
(h) Development of approved Manual MIS—July 1972.
(i) Commencement of compliance activities—July 1972.
(j) Development of compliance programs in Agriculture, Mercantile, and Services—August 1975.
(k) Development of on-site consultation program—September 1975.
(l) Development of State poster—August 1975.
[41 FR 18836, May 7, 1976. Redesignated at 50 FR 27243, July 2, 1985]
§ 1952.162 Completion of developmental steps and certification.
top
(a) In accordance with the requirements of §1952.10, the Iowa State poster was approved by the Assistant
Secretary on August 26, 1975.
(b) In accordance with the requirements of §1952.163(b), the Iowa Occupational Safety and Health Act of
1972 (Iowa S.F. 1218—Chapter 88) is amended by Iowa Act S.F. 92, with an effective date of July 1, 1975.
(c) In accordance with the commitment contained in §1952.163(a), the State of Iowa enacted occupational
safety and health enabling legislation which became effective on July 1, 1972.
(d) In accordance with the commitment contained in §1952.163(f), the State of Iowa, as of April 24, 1974,
hired a sufficient number of qualified safety and health personnel under the approved Iowa Merit
Employment Department system.
(e) In accordance with the commitment contained in §1952.163(g), all basic training of Iowa compliance
personnel was completed as of May 9, 1975.
(f) In accordance with the commitment contained in §1952.163(e), a program of education and training of
employers and employees was developed with local community colleges as of October 1974.
(g) In accordance with the commitment contained in §1952.163(h), the Iowa Bureau of Labor developed an
approved manual Management Information System as of July 1972.
(h) In accordance with the commitment contained in §1952.163(k), the Iowa Bureau of Labor initiated an
approved program of on-site consultation as of September 1975.
(i) In accordance with the commitment contained in §1952.163(c), the State of Iowa adopted Federal
standards as interim State standards under chapter 88 of the Iowa Code, effective on July 1, 1972.
(j) In accordance with the commitment contained in §1952.163(d), the State of Iowa promulgated Federal
occupational safety and health standards (29 CFR parts 1910 and 1926) as permanent State Standards as
of August 16, 1973.
(k) In accordance with the commitment contained in §1952.163(i), the Iowa Bureau of Labor began its
compliance activities in July 1973.
(l) In accordance with the commitment contained in §1952.163(j), the Iowa Bureau of Labor implemented
compliance programs in the agriculture, mercantile, and service issues by July 1975.
(m) In accordance with §1902.34 of this chapter, the Iowa safety and health plan program was certified on
September 14, 1976 as having completed all developmental steps in its plan with regard to those
occupational safety and health issues specified in the plan on or before July 20, 1976.
(n) Amendment to Chapter 4, Recording and Reporting Occupational Injuries and Illnesses. Clarifications of
the Iowa recordkeeping and reporting rules.
(o) Amendment to Chapter 6, IOSH Consultative Services and Training. Detailed procedures for safety
consultants when they find a serious or imminent danger hazard.
(p) Modifications to the Iowa Plan. Minor revisions to the Iowa plan dealing with present staffing, position
statements, legislative changes, and current responsibilities of divisions in the Iowa Bureau of Labor.
[40 FR 40157, Sept. 2, 1975, as amended at 41 FR 23671, June 11, 1976; 41 FR 39028, Sept. 14, 1976; 44
FR 11067, Feb. 27, 1979. Redesignated and amended at 50 FR 27243, July 2, 1985]
§ 1952.163 Compliance staffing benchmarks.
top
Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, compliance staffing levels (benchmarks)
necessary for a “fully effective” enforcement program were required to be established for each State
operating an approved State plan. In September 1984, Iowa, in conjunction with OSHA, completed a
reassessment of the levels initially established in 1980 and proposed revised compliance staffing
benchmarks of 16 safety and 13 health compliance officers. After opportunity for public comment and
service on the AFL-CIO, the Assistant Secretary approved these revised staffing requirements effective July
2, 1985.
[50 FR 27243, July 2, 1985]
§ 1952.164 Final approval determination.
top
(a) In accordance with section 18(e) of the Act and procedures in 29 CFR part 1902, and after determination
that the State met the “fully effective” compliance staffing benchmarks as revised in 1984 in response to a
Court Order in AFL-CIO v. Marshall (CA 74–406), and was satisfactorily providing reports to OSHA through
participation in the Federal-State Unified Management Information System, the Assistant Secretary
evaluated actual operations under the Iowa State plan for a period of at least one year following certification
of completion of developmental steps (41 FR 39027). Based on the 18(e) Evaluation Report for the period of
October 1982 through March 1984, and after opportunity for public comment, the Assistant Secretary
determined that in operation, the State of Iowa occupational safety and health program is at least as
effective as the Federal program in providing safe and healthful employment and places of employment and
meets the criteria for final State plan approval in section 18(e) of the Act and implementing regulations at 29
CFR part 1902. Accordingly, the Iowa plan was granted final approval and concurrent Federal enforcement
authority was relinquished under section 18(e) of the Act effective July 2, 1985.
(b) Except as otherwise noted, the plan which has received final approval covers all activities of employers
and all places of employment in Iowa. The plan does not cover private sector maritime employment; Federal
government-owned, contractor-operated military/munitions facilities; Federal government employers and
employees; the U.S. Postal Service (USPS), including USPS employees, and contract employees and
contractor-operated facilities engaged in USPS mail operations; bridge construction projects spanning the
Mississippi and Missouri Rivers between Iowa and other States; the enforcement of the field sanitation
standard, 29 CFR 1928.110, and the enforcement of the temporary labor camps standard, 29 CFR
1910.142, with respect to any agricultural establishment where employees are engaged in “agricultural
employment” within the meaning of the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C.
1802(3), regardless of the number of employees, including employees engaged in hand packing of produce
into containers, whether done on the ground, on a moving machine, or in a temporary packing shed, except
that Iowa retains enforcement responsibility over agricultural temporary labor camps for employees engaged
in egg, poultry, or red meat production, or the post-harvest processing of agricultural or horticultural
commodities.
(c) Iowa is required to maintain a State program which is at least as effective as operations under the
Federal program; to submit plan supplements in accordance with 29 CFR part 1953; to allocate sufficient
safety and health enforcement staff to meet the benchmarks for State staffing established by the U.S.
Department of Labor, or any revisions to those benchmarks; and, to furnish such reports in such form as the
Assistant Secretary may from time to time require.
[50 FR 27243, July 2, 1985, as amended at 62 FR 2561, Jan. 17, 1997; 65 FR 36622, June 9, 2000]
§ 1952.165 Level of Federal enforcement.
top
(a) As a result of the Assistant Secretary's determination granting final approval of the Iowa plan under
section 18(e) of the Act, effective July 2, 1985, occupational safety and health standards which have been
promulgated under section 6 of the Act do not apply with respect to issues covered under the Iowa plan.
This determination also relinquishes concurrent Federal OSHA authority to issue citations for violations of
such standards under section 5(a)(2) and 9 of the Act; to conduct inspections and investigations under
section 8 (except those necessary to conduct evaluation of the plan under section 18(f) and other
inspections, investigations, or proceedings necessary to carry out Federal responsibilities not specifically
preempted by section 18(e)); to conduct enforcement proceedings in contested cases under section 10; to
institute proceedings to correct imminent dangers under section 13; and to propose civil penalties or initiate
criminal proceedings for violations of the Federal Act under section 17. The Assistant Secretary retains
jurisdiction under the above provisions in any proceeding commenced under section 9 or 10 before the
effective date of the 18(e) determination.
(b)(1) In accordance with section 18(e), final approval relinquishes Federal OSHA authority only with regard
to occupational safety and health issues covered by the Iowa plan. OSHA retains full authority over issues
which are not subject to State enforcement under the plan. Thus, Federal OSHA retains its authority relative
to safety and health in private sector maritime activities and will continue to enforce all provisions of the Act,
rules or orders, and all Federal standards, current or future, specifically directed to maritime employment (29
CFR Part 1915, shipyard employment; Part 1917, marine terminals; Part 1918, longshoring; Part 1919, gear
certification), as well as provisions of general industry and construction standards (29 CFR Parts 1910 and
1926) appropriate to hazards found in these employments; Federal government-owned, contractor-operated
military/munitions facilities; bridge construction projects spanning the Mississippi and Missouri Rivers
between Iowa and other States. Federal jurisdiction is retained and exercised by the Employment Standards
Administration, U.S. Department of Labor, (Secretary's Order 5–96, dated December 27, 1996) with respect
to the field sanitation standard, 29 CFR 1928.110, and the enforcement of the temporary labor camps
standard, 29 CFR 1910.142, in agriculture, as described in §1952.164(b). Federal OSHA will also retain
authority for coverage of all Federal government employers and employees; and of the U.S. Postal Service
(USPS), including USPS employees, and contract employees and contractor-operated facilities engaged in
USPS mail operations.
(2) In addition, any hazard, industry, geographical area, operation or facility over which the State is unable to
effectively exercise jurisdiction for reasons not related to the required performance or structure of the plan
shall be deemed to be an issue not covered by the finally approved plan, and shall be subject to Federal
enforcement. Where enforcement jurisdiction is shared between Federal and State authorities for a
particular area, project, or facility, in the interest of administrative practicability, Federal jurisdiction may be
assumed over the entire project or facility. In either of the two aforementioned circumstances, Federal
enforcement may be exercised immediately upon agreement between Federal and State OSHA.
(c) Federal authority under provisions of the Act not listed in section 18(e) is unaffected by final approval of
the plan. Thus, for example, the Assistant Secretary retains his authority under section 11(c) of the Act with
regard to complaints alleging discrimination against employees because of the exercise of any right afforded
to the employee by the Act, although such complaints may be referred to the State for investigation. The
Assistant Secretary also retains his authority under section 6 of the Act to promulgate, modify or revoke
occupational safety and health standards which address the working conditions of all employees, including
those in States which have received an affirmative 18(e) determination, although such standards may not be
Federally applied. In the event that the State's 18(e) status is subsequently withdrawn and Federal authority
reinstated, all Federal standards, including any standards promulgated or modified during the 18(e) period,
would be federally enforceable in that State.
(d) As required by section 18(f) of the Act, OSHA will continue to monitor the operations of the Iowa State
program to assure that the provisions of the State plan are substantially complied with and that the program
remains at least as effective as the Federal program. Failure by the State to comply with its obligations may
result in the revocation of the final determination under section 18(e), resumption of Federal enforcement,
and/or proceedings for withdrawal of plan approval.
[50 FR 27243, July 2, 1985, as amended at 62 FR 2561, Jan. 17, 1997; 65 FR 36622, June 9, 2000]
§ 1952.166 Where the plan may be inspected.
top
A copy of the principal documents comprising the plan may be inspected and copied during normal business
hours at the following locations:
Office of State Programs, Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health Administration, U.S.
Department of Labor, City Center Square, 1100 Main Street, Suite 800, Kansas City, Missouri
64105; and
Office of the Commissioner, Iowa Division of Labor , 1000 E. Grand Avenue, Des Moines, Iowa
50319.
[65 FR 36622, June 9, 2000]
§ 1952.167 Changes to approved plans.
top
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Iowa's revised statutory penalty
levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as
amended on November 5, 1990.
(2) [Reserved]
(b) Temporary labor camps/field sanitation. Effective February 3, 1997, the Assistant Secretary approved
Iowa's plan amendment, dated August 2, 1996, relinquishing coverage for the issues of field sanitation (29
CFR 1928.110) and temporary labor camps (29 CFR 1910.142) in agriculture (except for agricultural
temporary labor camps associated with egg, poultry or red meat production, or the post-harvest processing
of agricultural or horticultural commodities). The Employment Standards Administration, U.S. Department of
Labor, has assumed responsibility for enforcement of these Federal OSHA standards in agriculture in Iowa
pursuant to Secretary of Labor's Order 5–96, dated December 27, 1996.
[59 FR 14555, Mar. 29, 1994, as amended at 62 FR 2561, Jan. 17, 1997]
Subpart K—California
top
§ 1952.170 Description of the plan.
top
(a) The State's program will be enforced by the Division of Industrial Safety of the Department of Industrial
Relations of the California Agriculture and Services Agency. Current safety and health standards will be
continued unless amended by a State occupational safety and health standards board to be created. This
board will take the amending action necessary to assure that State standards are as effective as those
established under the Federal program. Appeals from the granting or denial of requests for variances will
also come within the jurisdiction of this board. Administrative adjudications will be the responsibility of the
California Occupational Safety and Health Appeals Board.
(b) The State program is expected to extend its protection to all employees in the State (including those
employed by it and its political subdivisions) except those employed by Federal agencies, certain maritime
workers, household domestic service workers, and railroad workers not employed in railroad shops. (It is
assumed that activities excluded from the Occupational Safety and Health Act's jurisdiction by section
4(b)(1) (29 U.S.C. 653(b)(1)) will also be excluded from the State's jurisdiction under this plan.)
(c) The plan includes procedures for providing prompt and effective standards for the protection of
employees against new and unforeseen hazards and for furnishing information to employees on hazards,
precautions, symptoms, and emergency treatment; and procedures for variances and the protection of
employee from hazards. It provides employer and employee representatives an opportunity to accompany
inspectors and call attention to possible violations before, during, and after inspections, protection of
employees against discharge or discrimination in terms and conditions of employment, notice to employees
or their representatives when no compliance action is taken upon complaints, including informal review,
notice to employees of their protections and obligations, adequate safeguards to protect trade secrets,
prompt notice to employers and employees of alleged violations of standards and abatement requirements,
effective remedies against employers, and the right to review alleged violations, abatement periods, and
proposed penalties with opportunity for employee participation in the review proceedings; procedures for
prompt restraint or elimination of imminent danger conditions, and procedures for inspection in response to
complaints.
(d) Based on an analysis of California's standards comparison, the State's standards corresponding to
subparts F and K of this part, and §1910.263 of this (chapter) in subpart R of this part, of the OSHA
standards have been determined to be at least as effective. These State standards contain no product
standards corresponding to subpart F State's developmental schedule provides that the remaining subparts
will be covered by corresponding State standards which are at least as effective within 1 year of plan
approval.
(e) The plan includes a statement of the Governor's support for the proposed legislation and a statement of
legal opinion that it will meet the requirements of the Occupational Safety and Health Act of 1970, and is
consistent with the constitution and laws of California. The plan sets out goals and provides a timetable for
bringing it into full conformity with part 1902 of this chapter upon enactment of the proposed legislation by
the State legislature. A merit system of personnel administration will be used. In addition, efforts to achieve
voluntary compliance by employers and employees will include both on- and off-site consultations. The plan
is supplemented by letters dated March 21, 1973, and April 10, 1973, from A. J. Reis, Assistant Secretary
for Occupational Safety and Health of the Agriculture and Service Agency of the State of California.
[38 FR 10719, May 1, 1973]
§ 1952.171 Where the plan may be inspected.
top
A copy of the principal documents comprising the plan may be inspected and copied during normal business
hours at the following locations:
Office of State Programs, Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health Administration, U.S.
Department of Labor, 71 Stevenson Street, 4th Floor, San Francisco, California 94105; and
Office of the Director, California Department of Industrial Relations, 455 Golden Gate Avenue,
10th Floor, San Francisco 94102.
[65 FR 36622, June 9, 2000]
§ 1952.172 Level of Federal enforcement.
top
(a) Pursuant to §§1902.20(b)(1)(iii) and 1952.3 of this chapter, under which a revised agreement has been
entered into between Frank Strasheim, OSHA Regional Administrator, and Ron Rinaldi, Director, California
Department of Industrial Relations, effective October 5, 1989, and based on a determination that California
is operational in the issues covered by the California occupational safety and health plan, discretionary
Federal enforcement authority under section 18(e) of the Act (29 U.S.C. 667(e)) will not be initiated with
regard to Federal occupational safety and health standards in issues covered under 29 CFR part 1910, 29
CFR part 1926, and 29 CFR part 1928, except as set forth below.
(b) The U.S. Department of Labor will continue to exercise authority, among other things, with regard to:
(1) Specific Federal standards which the State has not yet adopted or with respect to which the State has
not amended its existing State standards when the Federal standard provides a significantly greater level of
worker protection than the corresponding Cal/OSHA standard, enforcement of new permanent and
temporary emergency Federal standards until such time as the State shall have adopted equivalent
standards, and enforcement of unique and complex standards as determined by the Assistant Secretary.
(2) The following maritime activities:
(i) Longshore operations on vessels from the shore side of the means of access to said vehicles.
(ii) Marine vessels construction operations (from the means of access of the shore).
(iii) All afloat marine ship building and repair from the foot of the gangway.
(iv) All ship building and repair in graving docks or dry docks.
(v) All ship repairing done in marine railways or similar conveyances used to haul vessels out of the water.
(vi) All floating fuel operations.
(vii) All afloat dredging and pile driving and similar operations.
(viii) All diving from vessels afloat on the navigable waters.
(ix) All off-shore drilling rigs operating outside the 3-mile limit.
(3) Any hazard, industry, geographical area, operation or facility over which the State is unable to exercise
jurisdiction fully or effectively.
(4) Private contractors on Federal installations where the Federal agency claims exclusive Federal
jurisdiction, challenges State jurisdiction and/or refuses entry to the State; such Federal enforcement will
continue at least until the jurisdictional question is resolved at the National level between OSHA and the
cognizant Federal agency.
(5) Complaints filed with Federal OSHA alleging discrimination under section 11(c) of the OSH Act.
(6) Completion of Federal enforcement actions initiated prior to the effective date of the agreement.
(7) Situations where the State is refused entry and is unable to obtain a warrant or enforce the right of entry.
(8) Enforcement in situations where the State temporarily is unable to exercise its enforcement authority fully
or effectively.
(9) Federal government employers and employees; and the U.S. Postal Service (USPS), including USPS
employees, and contract employees and contractor-operated facilities engaged in USPS mail operations.
(c) As required by section 18(f) of the Act, OSHA will continue to monitor the operations of the California
State program to assure that the provisions of the State plan are substantially complied with and that the
program remains at least as effective as the Federal program. The Regional Administrator for Occupational
Safety and Health will make a prompt recommendation for the resumption of the exercise of Federal
enforcement authority under section 18(e) of the Act (29 U.S.C. 667(e)) whenever, and to the degree,
necessary to assure occupational safety and health protection to employees in California.
[55 FR 28613, July 12, 1990, as amended at 65 FR 36622, June 9, 2000]
§ 1952.173 Developmental schedule.
top
(a) Within 1 year following plan approval, legislation will be enacted authorizing complete implementation of
the plan and enforcement rules and regulations will be promulgated, and an operations manual be
completed.
(b) By October 31, 1975, present standards will be amended or new standards promulgated which are as
effective and comprehensive as those set forth in chapter XVII of this title 29 of the Code of Federal
Regulations;
(c) An exception to paragraphs (a) and (b) of this section exists relative to radiation machines and other nonAtomic Energy Act sources of radiation. The standards and enforcement program in this area will be
developed within 2 years of plan approval.
(d) Inter-agency agreements to provide technical support to the program will be fully functioning within 1
year of plan approval.
(e) Inservice training plans for enforcement personnel will be developed within 18 months of plan approval.
(f) A program of consultation with employers and employees will be functioning within 6 months of plan
approval.
(g) Within 3 years of plan approval all developmental steps will be fully implemented.
(h) The Inspection Scheduling System will be fully implemented and in operation March 31, 1975.
[38 FR 10719, May 1, 1973, as amended at 40 FR 18429, Apr. 28, 1975; 40 FR 40156, Sept. 2, 1975]
§ 1952.174 Completion of developmental steps and certification.
top
(a)(1) In accordance with §1952.173(a), The California Occupational Safety and Health Act (Assembly Bill
No. 150) was enacted in September 1973 and filed with the California Secretary of State October 2, 1973.
(2) The following difference between the program described in §1952.170(a) and the program authorized by
the State law is approved: Authority to grant or deny temporary variances rests with the Division of Industrial
Safety, and such authority for permanent variances is with the Occupational Safety and Health Standards
Board. The Board hears appeals from the Division of Industrial Safety's decisions on temporary variances.
(b) In accordance with §1952.173(d) formal interagency agreements were negotiated and signed between
the Department of Industrial Relations and the State Department of Health (June 28, 1973) and between the
State Department of Industrial Relations and the State Fire Marshal (August 14, 1973).
(c) In accordance with §1952.173(f), a program of consultation with employers and employees was fully
functioning in January 1974.
(d) In accordance with the requirements of §1952.10, the California State poster was approved by the
Assistant Secretary on August 27, 1975.
(e) The Occupational Safety and Health Standards Board began functioning in January 1974.
(f) The initial major training and education of employers, employees and the general public was completed
by 1974.
(g) In accordance with §1952.173(a), recordkeeping and reporting requirements were extended to State and
local governments effective January 1, 1975.
(h) The Management Information System was established by November 1974.
(i) The Occupational Safety and Health Appeals Board began functioning in early 1974. The Rules of
Procedure for the Board were approved by the Assistant Secretary on November 19, 1975.
(j) In accordance with §1952.173(a), enforcement rules and regulations were promulgated by January 1974,
and were approved by the Assistant Secretary on September 28, 1976.
(k) Recordkeeping and reporting requirements for private employers were promulgated by November 1974,
and were approved by the Assistant Secretary on September 28, 1976.
(l) In accordance with §1952.173(h), the Inspection Scheduling System was fully implemented and in
operation by June 1975.
(m) In accordance with §1952.173(a), an operations manual was published, and was approved by the
Assistant Secretary on September 28, 1976.
(n) In accordance with §1952.173(e), in-service training Programs for safety and health enforcement
personnel were implemented within 18 months of plan approval.
(o) Enforcement of standards pertaining to temporary labor camps was implemented in March 1977.
(p) In accordance with §1903.34 of this chapter, the California occupational safety and health plan was
certified, effective August 12, 1977, as having completed all developmental steps specified in the plan as
approved on April 24, 1973, on or before June 1, 1976, with the exception that temporary labor camp
standards development and enforcement program was completed on March 11, 1977.
[40 FR 18427, Apr. 28, 1975, as amended at 40 FR 40156, Sept. 2, 1975; 40 FR 54426, Nov. 24, 1975; 41
FR 43405, Oct. 1, 1976; 41 FR 51013, Nov. 19, 1976; 42 FR 37549, July 22, 1977; 42 FR 41858, Aug. 19,
1977]
§ 1952.175 Changes to approved plans.
top
(a) In accordance with part 1953 of this chapter, the California carcinogen program implemented on January
1, 1977, was approved by the Assistant Secretary on March 6, 1978.
(b) On January 1, 1978, the California Department of Industrial Relations became the agency designated to
administer the California Occupational Safety and Health Plan.
(c) In accordance with part 1953 of this chapter, California amended its employer recordkeeping and
reporting requirements effective November 4, 1978, so as to provide employee access to the employer's log
and summary of occupational injuries and illnesses.
(d) In accordance with part 1953 of this chapter, California's liaison with the Occupational Health Centers,
implemented on April 25, 1979, was approved by the Assistant Secretary on July 25, 1980.
(e) In accordance with part 1953 of this chapter, the California Hazard Alert System, implemented in July
1979, was approved by the Assistant Secretary on July 25, 1980.
(f) In accordance with part 1953 of this chapter, the revised stratification of the Safety Engineer Series,
adopted by California on July 1, 1979, was approved by the Assistant Secretary on January 12, 1981.
(g) In accordance with part 1953 of this chapter, California's Small Employer Voluntary Compliance
Program, implemented on March 1, 1981, was approved by the Assistant Secretary on August 2, 1983.
(h) In accordance with part 1953 of this chapter, the California Cooperative Self-Inspection Program was
approved by the Assistant Secretary on August 1, 1986.
(i) Legislation. (1) On March 29, 1994, the Assistant Secretary approved California's revised statutory
penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as
amended on November 5, 1990.
[43 FR 9807, Mar. 10, 1978, as amended at 44 FR 36385, June 22, 1979; 45 FR 8594, Feb. 8, 1980; 45 FR
51766, Aug. 5, 1980; 46 FR 3861, Jan. 16, 1981; 48 FR 34951, Aug. 2, 1983; 51 FR 27535, Aug. 1, 1986;
59 FR 14556, Mar. 29, 1994; 67 FR 60129, Sept. 25, 2002]
Subparts L–M [Reserved]
top
Subpart N—Minnesota
top
§ 1952.200 Description of the plan as initially approved.
top
(a) The Department of Labor and Industry is the State agency designated by the Governor to administer the
plan throughout the State. The plan defines the covered occupational safety and health issues as defined by
the Secretary of Labor in 29 CFR 1902.2(c)(1). The commissioner of the Department of Labor and Industry
adopted Federal standards promulgated as of October 1972, effective in Minnesota, February 1973. The
commissioner will continue to adopt Federal standards and will retain those Minnesota standards not
covered by Federal standards. The plan contains a list of the Federal standards adopted and the State
standards that will be retained. These standards will be enforced according to current legislative authority in
Minnesota prior to the effective date of Minnesota's enabling legislation submitted as part of the plan.
(b)(1) The plan includes legislation enacted by the Minnesota legislature during its 1973 session. Under the
legislation the Department of Labor and Industry will have full authority to enforce and administer laws
respecting safety and health of employees in all workplaces of the State, including coverage of public
employees, with the exception of maritime workers in the areas of exclusive Federal jurisdiction, employees
of the United States, and employees whose working conditions are regulated by Federal agencies other
than the U.S. Department of Labor under the provisions of section 4(b)(1) of the Occupational Safety and
Health Act of 1970.
(2) The legislation further proposed to bring the plan into conformity with the requirements of 29 CFR part
1902 in areas such as procedures for granting or denying temporary and permanent variances by the
commissioner; protection of employees from hazards; procedures for the development and promulgation of
standards by the commissioner, including emergency temporary standards; and procedures for prompt
restraint or elimination of imminent danger situations by issuance of a “red-tag” order effective for 3 days as
well as by court injunction.
(3) The legislation is also intended to insure inspections in response to complaints; give employer and
employee representatives an opportunity to accompany inspectors in order to aid inspections and that loss
of any privilege or payment to an employee as a result of aiding such inspection would constitute
discrimination; notification of employees or their representatives where no compliance action is taken as a
result of alleged violations, including informal review; notification of employees of their protections and
obligations; protection of employees against discharge or discrimination in terms and conditions of
employment by filing complaints with the commissioner and hearings by the review commission; adequate
safeguards to protect trade secrets; provision for prompt notice to employers and employees of alleged
violations of standards and abatement requirements through the issuance and posting of citations; a system
of sanctions against employers for violation of standards; employer right of review and employee
participation in review proceedings, before an independent review commission; and coverage of employees
of the State and political subdivisions in the same manner as private employees.
(c) Included in the plan is a statement of the Governor's support for the legislation and a statement of legal
opinion that it will meet the requirements of the Occupational Safety and Health Act of 1970 and is
consistent with the constitution and laws of Minnesota. The plan sets out goals and provides a timetable for
bringing it into full conformity with part 1902 at the end of 3 years after commencement of operations under
the plan. Personnel will be employed under the existing State merit system and the voluntary compliance
program for onsite consultation for private and public employers meets the conditions set forth in the issues
discussed in the Washington decision (38 FR 2421, January 26, 1973).
(d) The plan includes the following documents as of the date of approval:
(1) The plan document and appendices;
(2) Revised legislation, submitted January 25, 1973;
(3) Compliance manual and supplements to the plan document, February 15, 1973;
(4) Letters from the Department of Labor and Industry dated February 8, 1973, and April 9, 1973.
[38 FR 15077, June 8, 1973, as amended at 50 FR 30831, July 30, 1985]
§ 1952.201 Developmental schedule.
top
(a) Retraining of present occupational safety and health personnel during March-May 1973;
(b) Training sessions for public employers and employees during April-June 1973;
(c) Effective date of legislation, August 1, 1973;
(d) Regulations on variances, August 1973;
(e) Management information system, August 1973;
(f) Staff increases in Department of Labor and Industry and Department of Health 1973–74;
(g) Voluntary compliance program implemented by January 1975;
(h) Coverage and enforcement of standards regarding agriculture, July 1975.
[38 FR 15077, June 8, 1973. Redesignated at 50 FR 30831, July 30, 1985]
§ 1952.202 Completion of developmental steps and certification.
top
(a) In accordance with the requirements of §1952.10, the Minnesota State poster was approved by the
Assistant Secretary on March 7, 1975.
(b) In accordance with §1952.203(g), the Minnesota voluntary compliance program became effective on
January 1, 1975, and was approved by the Assistant Secretary on April 24, 1975.
(c) State occupational safety and health personnel were retrained during March-May 1973.
(d) Training sessions for public employers and employees were held during April-June 1973.
(e) The Minnesota enabling legislation became effective on August 1, 1973. In addition, amendments to the
legislation which concerned employee discrimination complaints and violations became effective on July 1,
1975, and a second amendment concerning the definition of a serious violation, posting of citations and
penalties, right of employees to contest a citation and penalty, and furnishing copies of citations and notices
of penalties to employer representatives and, in the case of a fatality, to the next of kin or a designated
representative, became effective on August 1, 1975.
(f) Regulations on variances were promulgated on February 20, 1974, and were approved with assurances
by the Assistant Secretary on August 31, 1976.
(g) The management information system became operable in August 1973.
(h) Coverage and enforcement of agricultural standards commenced on July 1, 1975.
(i) The Rules of Procedure of the Minnesota Occupational Safety and Health Review Commission, chapter
20, Minnesota Occupational Safety and Health Code, and regulations concerning inspections, citations, and
proposed penalties, chapter 21, Minnesota Occupational Safety and Health Code, were approved by the
Assistant Secretary on August 31, 1976.
(j) The downward revision of the projected increase in personnel for fiscal year 1976 due to a lesser than
anticipated increase of funding by the Minnesota legislature, was approved by the Assistant Secretary as
meeting current required staffing on August 31, 1976.
(k) The State poster approved on March 25, 1975 (40 FR 13211) which was revised in response to
legislative amendments described above, to provide that citations and notices of penalties must be posted at
or near the place of the alleged violation for 15 days or until the violation is corrected, whichever is later, and
which lists additional Minnesota area offices, was approved by the Assistant Secretary on August 31, 1976.
(l) In accordance with §1902.34 of this chapter, the Minnesota occupational safety and health plan was
certified, effective September 28, 1976, as having completed all developmental steps specified in the plan
as approved on May 29, 1973, on or before June 30, 1976.
[40 FR 13212, Mar. 25, 1975, as amended at 40 FR 18996, May 1, 1975. Redesignated at 50 FR 30831,
July 30, 1985]
§ 1952.203 Compliance staffing benchmarks.
top
Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, compliance staffing levels (benchmarks)
necessary for a “fully effective” enforcement program were required to be established for each State
operating an approved State plan. In September 1984 Minnesota, in conjunction with OSHA, completed a
reassessment of the levels initially established in 1980 and proposed revised compliance staffing
benchmarks of 31 safety and 12 health compliance officers. After opportunity for public comment and
service on the AFL-CIO, the Assistant Secretary approved these revised staffing requirements on July 30,
1985.
[50 FR 30832, July 30, 1985]
§ 1952.204 Final approval determination.
top
(a) In accordance with section 18(e) of the Act and procedures in 29 CFR part 1902, and after determination
that the State met the “fully effective” compliance staffing benchmarks as revised in 1984 in response to a
Court Order in AFL-CIO v. Marshall (CA 74–406), and was satisfactorily providing reports to OSHA through
participation in the Federal-State Unified Management Information System, the Assistant Secretary
evaluated actual operations under the Minnesota State plan for a period of at least one year following
certification of completion of developmental steps (41 FR 42659). Based on the 18(e) Evaluation Report for
the period of October 1982 through March 1984, and after opportunity for public comment, the Assistant
Secretary determined that in operation the State of Minnesota's occupational safety and health program is at
least as effective as the Federal program in providing safe and healthful employment and places of
employment and meets the criteria for final State plan approval in section 18(e) of the Act and implementing
regulations at 29 CFR part 1902. Accordingly, the Minnesota plan was granted final approval, and
concurrent Federal enforcement authority was relinquished under section 18(e) of the Act effective July 30,
1985.
(b) Except as otherwise noted, the plan which has received final approval covers all activities of employers
and all places of employment in Minnesota. The plan does not cover private sector offshore maritime
employment on the navigable waters of the United States; employment at the Twin Cities Army Ammunition
Plant; Federal government employers and employees; the U.S. Postal Service (USPS), including USPS
employees, and contract employees and contractor-operated facilities engaged in USPS mail operations;
any tribal or private sector employment within any Indian reservation in the State; the enforcement of the
field sanitation standard, 29 CFR 1928.110, and the enforcement of the temporary labor camps standard, 29
CFR 1910.142, with respect to any agricultural establishment where employees are engaged in “agricultural
employment” within the meaning of the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C.
1802(3), regardless of the number of employees, including employees engaged in hand packing of produce
into containers, whether done on the ground, on a moving machine, or in a temporary packing shed, except
that Minnesota retains enforcement responsibility over agricultural temporary labor camps for employees
engaged in egg, poultry, or red meat production, or the post-harvest processing of agricultural or horticultural
commodities.
(c) Minnesota is required to maintain a State program which is at least as effective as operations under the
Federal program; to submit plan supplements in accordance with 29 CFR part 1953; to allocate sufficient
safety and health enforcement staff to meet the benchmarks for State staffing established by the U.S.
Department of Labor, or any revisions to those benchmarks; and, to furnish such reports in such form as the
Assistant Secretary may from time to time require.
[50 FR 30832, July 30, 1985, as amended at 62 FR 2561, Jan. 17, 1997; 65 FR 36622, June 9, 2000]
§ 1952.205 Level of Federal enforcement.
top
(a) As a result of the Assistant Secretary's determination granting final approval to the Minnesota plan under
section 18(e) of the Act, effective July 30, 1985, occupational safety and health standards which have been
promulgated under section 6 of the Act do not apply with respect to issues covered under the Minnesota
plan. This determination also relinquishes concurrent Federal OSHA authority to issue citations for violations
of such standards under sections 5(a)(2) and 9 of the Act; to conduct inspections and investigations under
section 8 (except those necessary to conduct evaluation of the plan under section 18(f) and other
inspections, investigations, or proceedings necessary to carry out Federal responsibilities not specifically
preempted by section 18(e)); to conduct enforcement proceedings in contested cases under section 10; to
institute proceedings to correct imminent dangers under section 13; and to propose civil penalties or initiate
criminal proceedings for violations of the Federal Act under section 17. The Assistant Secretary retains
jurisdiction under the above provisions in any proceeding commenced under section 9 or 10 before the
effective date of the 18(e) determination.
(b)(1) In accordance with section 18(e), final approval relinquishes Federal OSHA authority only with regard
to occupational safety and health issues covered by the Minnesota plan. OSHA retains full authority over
issues which are not subject to State enforcement under the plan. Thus, Federal OSHA retains its authority
relative to safety and health in private sector offshore maritime activities and will continue to enforce all
provisions of the Act, rules or orders, and all Federal standards, current or future, specifically directed to
maritime employment (29 CFR Part 1915, shipyard employment; Part 1917, marine terminals; Part 1918,
longshoring; Part 1919, gear certification) as well as provisions of general industry and construction
standards (29 CFR Parts 1910 and 1926) appropriate to hazards found in these employments, as they relate
to employment under the exclusive jurisdiction of the Federal government on the navigable waters of the
United States. Federal jurisdiction is retained and exercised by the Employment Standards Administration,
U.S. Department of Labor, (Secretary's Order 5–96, dated December 27, 1996) with respect to the field
sanitation standard, 29 CFR 1928.110, and the enforcement of the temporary labor camps standard, 29
CFR 1910.142, in agriculture, as described in §1952.204(b). Federal jurisdiction is also retained over the
Twin Cities Army Ammunition Plant; over Federal government employers and employees; over any tribal or
private sector employment within any Indian reservation in the State; and over the U.S. Postal Service
(USPS), including USPS employees, and contract employees and contractor-operated facilities engaged in
USPS mail operations.
(2) In addition, any hazard, industry, geographical area, operation or facility over which the State is unable to
effectively exercise jurisdiction for reasons not related to the required performance or structure of the plan
shall be deemed to be an issue not covered by the finally approved plan, and shall be subject to Federal
enforcement. Where enforcement jurisdiction is shared between Federal and State authorities for a
particular area, project, or facility, in the interest of administrative practicability, Federal jurisdiction may be
assumed over the entire project or facility. In either of the two aforementioned circumstances, Federal
enforcement may be exercised immediately upon agreement between Federal and State OSHA.
(c) Federal authority under provisions of the Act not listed in section 18(e) is unaffected by final approval of
the plan. Thus, for example, the Assistant Secretary retains his authority under section 11(c) of the Act with
regard to complaints alleging discrimination against employees because of the exercise of any right afforded
to the employee by the Act, although such complaints may be referred to the State for investigation. The
Assistant Secretary also retains his authority under section 6 of the Act to promulgate, modify or revoke
occupational safety and health standards which address the working conditions of all employees, including
those in States which have received an affirmative 18(e) determination, although such standards may not be
Federally applied. In the event that the State's 18(e) status is subsequently withdrawn and Federal authority
reinstated, all Federal standards, including any standards promulgated or modified during the 18(e) period,
would be Federally enforceable in that State.
(d) As required by section 18(f) of the Act, OSHA will continue to monitor the operations of the Minnesota
State program to assure that the provisions of the State plan are substantially complied with and that the
program remains at least as effective as the Federal program. Failure by the State to comply with its
obligations may result in the revocation of the final determination under section 18(e), resumption of Federal
enforcement, and/or proceedings for withdrawal of plan approval.
[50 FR 30832, July 30, 1985, as amended at 62 FR 2562, Jan. 17, 1997; 65 FR 36623, June 9, 2000]
§ 1952.206 Where the plan may be inspected.
top
A copy of the principal documents comprising the plan may be inspected and copied during normal business
hours at the following locations:
Office of State Programs, Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health Administration, U.S.
Department of Labor, 230 S. Dearborn Street, 32nd Floor, Room 3244, Chicago, Illinois 60604;
and
Office of the Commissioner, Minnesota Department of Labor and Industry, 443 Lafayette Road,
St. Paul, Minnesota 55155.
[65 FR 36623, June 9, 2000]
§ 1952.207 Changes to approved plans.
top
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Minnesota's revised statutory
penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as
amended on November 5, 1990.
(2) [Reserved]
(b) Temporary labor camps/field sanitation. Effective February 3, 1997, the Assistant Secretary approved
Minnesota's plan amendment, dated July 24, 1996, relinquishing coverage for the issues of field sanitation
(29 CFR 1928.110) and temporary labor camps (29 CFR 1910.142) in agriculture (except for agricultural
temporary labor camps associated with egg, poultry or red meat production, or the post-harvest processing
of agricultural or horticultural commodities). The Employment Standards Administration, U.S. Department of
Labor, has assumed responsibility for enforcement of these Federal OSHA standards in agriculture in
Minnesota pursuant to Secretary of Labor's Order 5–96, dated December 27, 1996.
[59 FR 14556, Mar. 29, 1994, as amended at 62 FR 2562, Jan. 17, 1997]
Subpart O—Maryland
top
§ 1952.210 Description of the plan as initially approved.
top
(a) The Division of Labor and Industry in the Department of Licensing and Regulation is the State agency
designated by the Governor to administer the plan throughout the State. The plan defines the covered
occupational safety and health issues on the basis of Major Groups in the Standard Industrial Classification
(SIC) Manual of the Office of Management and Budget of the Executive Office of the President. The
Commissioner of the Division of Labor and industry promulgated the Federal standards existing as of
February 2, 1973. These standards were effective in Maryland as of March 8, 1973, and they will be
enforced according to current State legislative authority prior to the effective date of Maryland's enabling
legislation, July 1, 1973. Maryland also intends to adopt those Federal standards applicable to ship
repairing, ship building, ship breaking and longshoring except where prohibited by exclusive Federal
maritime jurisdiction. Subsequent revisions to Federal standards will be considered by the State
Occupational Safety and Health Advisory Board which will make recommendations on adoption of at least
as effective standards to the Commissioner within 6 months after Federal promulgation. Maryland also
includes in its plan State boiler and elevator standards where applicable.
(b)(1) The plan included draft legislation which has been passed by the State legislature and signed by the
Governor. The legislation as enacted has been included as a supplement to the plan. Under the legislation,
effective July 1, 1973, the Division of Labor and Industry in the Department of Licensing and Regulation has
full authority to enforce and administer laws respecting safety and health of employees in all workplaces of
the State, including coverage of public employees, with the exception of maritime workers in the areas of
exclusive Federal jurisdiction; employees of the United States; and employees whose working conditions are
protected under enumerated Federal laws.
(2) The legislation brings the plan into conformity with the requirements of 29 CFR part 1902 in areas such
as procedures for granting or denying temporary and permanent variances to rules, regulations or standards
by the Commissioner; protection of employees from hazards including provision for medical examinations
made available by the employer or at his cost; procedures for the development of standards by the
Occupational Safety and Health Advisory Board; promulgation of these standards as recommended by the
Commissioner; promulgation of emergency temporary standards by the Commissioner with referral to the
Board to develop a permanent standard; procedures for prompt restraint or elimination of imminent danger
situations by issuance of a “red-tag” order with court review as well as by court injunction.
(3) The legislation provides for inspections in response to complaints; gives employer and employee
representatives an opportunity to accompany inspectors in order to aid inspections; notification of
employees or their representatives when no compliance action is taken as a result of alleged violations,
including informal review; protection of employees against discharge or discrimination in terms and
conditions of employment by filing complaints with the Commissioner who will seek court action; adequate
safeguards to protect trade secrets; provision for prompt notice to employers and employees of alleged
violations of standards and abatement requirements through the issuance and posting of citations; a system
of sanctions against employers for violations of standards; employer right of review and employee
participation in review proceedings before the Commissioner with subsequent judicial review; and coverage
of employees of the State and political subdivisions in a separate program supervised by the Commissioner
in accordance with the requirements described in the North Carolina decision (38 FR 3041).
(c) Included in the plan is a statement of legal opinion that the law, which was supported by the Governor in
accordance with the requirements of part 1902, meets the requirements of the Occupational Safety and
Health Act of 1970 and is consistent with the Constitution and laws of Maryland. The plan sets out goals and
provides a timetable for bringing it into full conformity with part 1902 at the end of three years after the
commencement of operations under the plan. Personnel will be employed under the existing State merit
system with the revisions in qualifications as stated in supplements to the plan, and the voluntary
compliance program for on-site consultation meets the conditions set forth in the issues discussed in the
Washington decision (38 FR 2421).
(d) The plan includes the following documents as of the date of approval.
(1) The plan document in two volumes.
(2) Maryland Occupational Safety and Health Act of 1973, effective July 1, 1973.
(3) “A Program for Control of Occupational Health Hazards in Maryland” by Johns Hopkins University
Department of Environmental Medicine.
(4) Letters from the Division of Labor and Industry dated February 9, 1973; March 6, 1973; March 22, 1973;
May 2, 1973 and May 21, 1973.
(5) Maryland's Administrative Procedure Act Article 41 sections 244 et seq.
[38 FR 17837, July 5, 1973, as amended at 50 FR 29219, July 18, 1985]
§ 1952.211 Developmental schedule.
top
(a) Occupational health study accepted and implementation begun July, 1973;
(b) Compliance Manual developed by July, 1973;
(c) Management Information System, December, 1975;
(d) Training in compliance procedures by August, 1973;
(e) Promulgation of standard-setting procedures, August, 1973;
(f) Inspection and enforcement program, except as provided in paragraph (k), in September, 1973;
(g) Staff of hearing examiners and review procedures set up in September, 1973;
(h) Variance procedures and emergency temporary standard-setting procedures promulgated October,
1973;
(i) Review of appeal procedures to see if it should be continued or modified, July, 1974;
(j) Review of job qualifications within one year of plan approval;
(k) Inspection and enforcement of agriculture standards by December, 1974;
(l) Fully operational occupational health program, July, 1975;
(m) Fully implemented public employees program, December, 1975;
[38 FR 17837, July 5, 1973, as amended at 41 FR 45564, Oct. 15, 1976. Redesignated at 50 FR 29219,
July 18, 1985]
§ 1952.212 Completion of developmental steps and certification.
top
(a) In accordance with part 1953 of this chapter, the Maryland occupational safety and health standards
were approved by OSHA on October 3, 1974.
(b) In accordance with the requirements of 29 CFR 1952.10, the Maryland State poster was approved by the
Assistant Secretary on June 6, 1975.
(c) In accordance with the commitment expressed in §1952.213(l), the State of Maryland developed and
implemented an occupational health plan by December 31, 1975.
(d) In accordance with the commitment expressed in §1952.213(n), the designee developed a fully
operational Management Information System by May 1, 1975.
(e) In accordance with 29 CFR 1952.213(d), training of Maryland compliance personnel in compliance
procedure was completed by December 31, 1975.
(f) In accordance with 29 CFR 1952.213(f), the Maryland inspection and enforcement program was
implemented by September 1973.
(g) In accordance with 29 CFR 1952.213(j), review of the appeal procedures to see if they should be
continued or modified was conducted by the State by May 1975.
(h) In accordance with 29 CFR 1952.213(b), Maryland completed development of a Compliance Manual.
(i) In accordance with 29 CFR 1952.213(e), the State has promulgated acceptable standard-setting
procedures.
(j) In accordance with 29 CFR 1952.213(h), Maryland promulgated acceptable variance procedures and
emergency temporary standard-setting procedures.
(k) In accordance with 29 CFR 1952.213(j), review of the job qualifications of State personnel was
conducted by the State.
(l) In accordance with 29 CFR 1952.213(m), the State of Maryland has developed and implemented a safety
and health program for public employees
(m) In accordance with 29 CFR 1952.213(a), the State submitted an occupational health study, and the
State's occupational health plan is being implemented.
(n) In accordance with 29 CFR 1952.213(g), the State established a staff of hearing examiners and review
procedures.
(o) In accordance with 29 CFR 1952.213(k), agricultural standards are being enforced by the Maryland
Department of Labor and Industry.
(p) In accordance with §1902.34 of this chapter, the Maryland occupational safety and health plan was
certified effective February 15, 1980, as having completed all developmental steps specified in the plan as
approved on July 5, 1973, on or before August 31, 1976. This certification attests to structural completion,
but does not render judgment on adequacy of performance.
[40 FR 25207, June 13, 1975, as amended at 41 FR 45564, Oct. 15, 1976; 42 FR 10988, Feb. 25, 1977; 44
FR 28326, 28327, May 15, 1979; 45 FR 10337, Feb. 15, 1980. Redesignated at 50 FR 29219, July 18,
1985, as amended at 67 FR 60129, Sept. 25, 2002]
§ 1952.213 Compliance staffing benchmarks.
top
Under the terms of the 1978 Court Order in AFL-CIO v. Marshall compliance staffing levels (benchmarks)
necessary for a “fully effective” enforcement program were required to be established for each State
operating an approved State plan. In September 1984 Maryland, in conjunction with OSHA, completed a
reassessment of the levels initially established in 1980 and proposed revised compliance staffing
benchmarks of 36 safety and 18 health compliance officers. After opportunity for public comment and
service on the AFL-CIO, the Assistant Secretary approved these revised staffing requirements on July 18,
1985.
[50 FR 29219, July 18, 1985]
§ 1952.214 Final approval determination.
top
(a) In accordance with section 18(e) of the Act and procedures in 29 CFR part 1902, and after determination
that the State met the “fully effective” compliance staffing benchmarks as revised in 1984 in response to a
Court Order in AFL-CIO v. Marshall (CA 74–406), and was satisfactorily providing reports to OSHA through
participation in the Federal-State Unified Management Information System, the Assistant Secretary
evaluated actual operations under the Maryland State plan for a period of at least one year following
certification of completion of developmental steps (45 FR 10335). Based on the 18(e) Evaluation Report for
the period of October 1982 through March 1984, and after opportunity for public comment, the Assistant
Secretary determined that in operation the State of Maryland's occupational safety and health program is at
least as effective as the Federal program in providing safe and healthful employment and places of
employment and meets the criteria for final State plan approval in section 18(e) of the Act and implementing
regulations at 29 CFR part 1902. Accordingly, the Maryland plan was granted final approval and concurrent
Federal enforcement authority was relinquished under section 18(e) of the Act effective July 18, 1985.
(b) Except as otherwise noted, the plan which has received final approval covers all activities of employers
and all places of employment in Maryland. The plan does not cover private sector maritime employment;
Federal government employers and employees; the U.S. Postal Service (USPS), including USPS
employees, and contract employees and contractor-operated facilities engaged in USPS mail operations;
and employment on military bases.
(c) Maryland is required to maintain a State program which is at least as effective as operations under the
Federal program; to submit plan supplements in accordance with 29 CFR part 1953; to allocate sufficient
safety and health enforcement staff to meet the benchmarks for State staffing established by the U.S.
Department of Labor, or any revisions to those benchmarks; and, to furnish such reports in such form as the
Assistant Secretary may from time to time require.
[50 FR 29220, July 18, 1985, as amended at 65 FR 36623, June 9, 2000]
§ 1952.215 Level of Federal enforcement.
top
(a) As a result of the Assistant Secretary's determination granting final approval to the Maryland plan under
section 18(e) of the Act, effective July 18, 1985, occupational safety and health standards which have been
promulgated under section 6 of the Act do not apply with respect to issues covered under the Maryland plan.
This determination also relinquishes concurrent Federal OSHA authority to issue citations for violations of
such standards under sections 5(a)(2) and 9 of the Act; to conduct inspections and investigations under
section 8 (except those necessary to conduct evaluation of the plan under section 18(b) and other
inspections, investigations, or proceedings necessary to carry out Federal responsibilities not specifically
preempted by section 18(e)); to conduct enforcement proceedings in contested cases under section 10; to
institute proceedings to correct imminent dangers under section 13; and to propose civil penalties or initiate
criminal proceedings for violations of the Federal Act under section 17. The Assistant Secretary retains
jurisdiction under the above provisions in any proceeding commenced under section 9 or 10 before the
effective date of the 18(e) determination.
(b)(1) In accordance with section 18(e), final approval relinquishes Federal OSHA authority only with regard
to occupational safety and health issues covered by the Maryland plan. OSHA retains full authority over
issues which are not subject to State enforcement under the plan. Thus, Federal OSHA retains its authority
relative to safety and health in private sector maritime activities and will continue to enforce all provisions of
the Act, rules or orders, and all Federal standards, current or future, specifically directed to private sector
maritime employment (29 CFR Part 1915, shipyard employment; Part 1917, marine terminals; Part 1918,
longshoring; Part 1919, gear certification), as well as provisions of general industry and construction
standards (29 CFR Parts 1910 and 1926) appropriate to hazards found in these employments; and
employment on military bases. Federal jurisdiction is also retained with respect to Federal government
employers and employees; and the U.S. Postal Service (USPS), including USPS employees, and contract
employees and contractor-operated facilities engaged in USPS mail operations.
(2) In addition, any hazard, industry, geographical area, operation or facility over which the State is unable to
effectively exercise jurisdiction for reasons not related to the required performance or structure of the plan
shall be deemed to be an issue not covered by the finally approved plan, and shall be subject to Federal
enforcement. Where enforcement jurisdiction is shared between Federal and State authorities for a
particular area, project, or facility, in the interest of administrative practicability Federal jurisdiction may be
assumed over the entire project or facility. In either of the two aforementioned circumstances, Federal
enforcement may be exercised immediately upon agreement between Federal and State OSHA.
(c) Federal authority under provisions of the Act not listed in section 18(e) is unaffected by final approval of
the plan. Thus, for example, the Assistant Secretary retains his authority under section 11(c) of the Act with
regard to complaints alleging discrimination against employees because of the exercise of any right afforded
to the employee by the Act, although such complaints may be referred to the State for investigation. The
Assistant Secretary also retains his authority under section 6 of the Act to promulgate, modify or revoke
occupational safety and health standards which address the working conditions of all employees, including
those in States which have received an affirmative 18(e) determination, although such standards may not be
Federally applied. In the event that the State's 18(e) status is subsequently withdrawn and Federal authority
reinstated, all Federal standards, including any standards promulgated or modified during the 18(e) period,
would be Federally enforceable in that State.
(d) As required by section 18(f) of the Act, OSHA will continue to monitor the operations of the Maryland
State program to assure that the provisions of the State plan are subtantially complied with and that the
program remains at least as effective as the Federal program. Failure by the State to comply with its
obligations may result in the revocation of the final determination under section 18(e), resumption of Federal
enforcement, and/or proceedings for withdrawal of plan approval.
[50 FR 29220, July 18, 1985, as amended at 65 FR 36623, June 9, 2000]
§ 1952.216 Where the plan may be inspected.
top
A copy of the principal documents comprising the plan may be inspected and copied during normal business
hours at the following locations:
Office of State Programs, Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health Administration, U.S.
Department of Labor, The Curtis Center, 170 South Independence Mall West—Suite 740 West,
Philadelphia, Pennsylvania 19106–3309; and
Office of the Commissioner, Maryland Division of Labor and Industry, Department of Labor,
Licensing and Regulation, 1100 N. Eutaw Street, Room 613, Baltimore, Maryland 21201–2206.
[65 FR 36623, June 9, 2000]
§ 1952.217 Changes to approved plans.
top
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Maryland's revised statutory
penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as
amended on November 5, 1990.
(2) [Reserved]
(b) [Reserved]
[59 FR 14556, Mar. 29, 1994]
Subpart P—Tennessee
top
§ 1952.220 Description of the plan as initially approved.
top
(a) The plan identifies the Department of Labor and the Department of Health as the agencies designated to
administer the plan throughout the State. It adopts the definition of occupational safety and health issues
expressed in §1902.2(c)(1) of this chapter. All standards, except those found in 29 CFR parts 1915, 1916,
1917, and 1918 (ship repairing, ship building, ship breaking and longshoring) will be adopted and enforced
immediately upon approval of the plan by the Assistant Secretary.
(b)(1) The plan includes legislation passed by the Tennessee Legislature during its 1972 session which
became effective July 1, 1972. Under the law, the Department of Labor and the Department of Public Health
will have full authority to enforce and administer laws respecting safety and health of employees in all
workplaces of the State with the exception of employees of the United States or employees protected under
other Federal occupational safety and health laws such as the Atomic Energy Act of 1959 (42 U.S.C. 2011
et seq. ). The Federal Coal Mine Safety Act of 1969 (30 U.S.C. 801), the Federal Metal and Nonmetallic
Mine Safety Act (30 U.S.C. 721 et seq. ) railroad employees covered by the Federal Safety Appliances Act
(45 U.S.C. 1 et seq. ) and the Federal Railroad Safety Act (45 U.S.C. 421 et seq. ), the Longshoremen's and
Harbor Workers' Compensation Act, as amended (33 U.S.C. 901 et seq. ), domestic workers, and any
employee engaged in agriculture who is employed on a family farm. The Act further provides for the
protection of employees from hazards, procedures for the development and promulgation of standards,
including standards for protection of employees against new and unforeseen hazards; procedures for
prompt restraint or elimination of imminent danger situations.
(2) The Act also insures inspections in response to complaints; employer and employee representatives an
opportunity to accompany inspectors in order to aid inspections; notification of employees or their
representative when no compliance action is taken as a result of alleged violations, including informal
review; notification of employees of their protections and obligations; adequate safeguards to protect trade
secrets; provisions for prompt notice to employers and employees of alleged violations of standards and
abatement requirements; a system of sanctions against employers for violations of standards; employer right
of review with employee participation in review proceedings, and coverage of employees of political
subdivisions. Legislation which became effective on April 5, 1973, providing for “stop orders” for cases of
imminent danger situations is also included.
(c)(1) The plan further includes proposed amendments submitted by the State which will be presented to the
1974 session of the State legislature to bring its Occupational Safety and Health Act into conformity with the
requirements of 29 CFR part 1902. These amendments pertain to such areas as permanent variances,
employee protection against discharge or discrimination in terms and conditions of employment, imminent
danger situations, sanctions, and walkaround. A statement of the Governor's support for the proposed
amandments and a statement of legal opinion that they will meet the requirements of the Occupational
Safety and Health Act of 1970 and is consistent with the Constitution and laws of the State are included in
the plan.
(2) The plan provides a comprehensive description of personnel employed under the State's merit system
and assurances of sufficient resources. The plan further sets out goals and provides a timetable to bring it
into full conformity with the requirements of part 1902 of this chapter.
(d) The Tennessee plan includes the following documents as of the date of approval:
(1) The plan description documents including the Tennessee Occupational Safety and Health Act, the
proposed amendments to the Act and appendices in three (3) volumes;
(2) Letter from Ben O. Gibbs, Commissioner of Labor to Henry J. Baker, Project Officer, Office of State and
Federal Operations, February 14, 1973, submitting additions and deletions to the plan.
(3) Letter from Edward C. Nichols, Jr., Staff Attorney for the Department of Labor, to Henry Baker, May 30,
1973, submitting a “red tag” provision which was signed into law by the Governor of Tennessee on April 5,
1973.
(4) Letter from Ben O. Gibbs, Commissioner of Labor and Eugene W. Fowinkle, Commissioner of Public
Health, to Thomas C. Brown, Director, Office of Federal and State Operations, June 15, 1973, submitting
proposed amendments and clarifications to the plan.
(e) The public comments will also be available for inspection and copying with the plan documents.
[38 FR 17840, July 5, 1973, as amended at 50 FR 29669, July 22, 1985]
§ 1952.221 Developmental schedule.
top
The Tennessee state plan is developmental. The following is the developmental schedule as provided by the
plan:
(a) Formal adoption of Federal standards immediately upon approval of State plan. (Existing State standards
were repealed by the enabling legislation). Enforcement of standards commences immediately upon
promulgation.
(b) Amendments to legislation to be submitted to 1974 State legislative session.
(c) Regulations for recordkeeping and reporting will be promulgated upon plan approval.
(d) Regulations for inspections, citations, and proposed penalties will be promulgated immediately upon plan
approval.
(e) Variances regulations will be promulgated within 60 days of plan approval.
(f) Manual Management data system operational July 1, 1973. Automated Management data system
operational January 1, 1974.
[38 FR 17840, July 5, 1973. Redesignated at 50 FR 29669, July 22, 1985]
§ 1952.222 Completed developmental steps.
top
(a) In accordance with §1952.223(b), the Tennessee Occupational Safety and Health Act of 1972 was
amended by Chapter 585, Public Acts of 1974, on March 20, 1974, with an effective date of July 1, 1974 and
approved by the Secretary of Labor in August 15, 1975 (40 FR 36556). Further State-initiated amendments
to the Act transferring all occupational safety and health responsibility to the Commissioner of Labor were
promulgated effective July 1, 1977, and approved by the Assistant Secretary on May 3, 1978.
(b) In accordance with §1952.223(d), regulations governing inspections, citations, and proposed penalties
were originally promulgated by the Commissioner of Labor on July 2, 1973 (effective July 13, 1973) and
approved by the Assistant Secretary on August 15, 1975 (40 FR 36556). These regulations were
subsequently codified as Tennessee Department of Labor Chapter 0800–1–4 and reapproved by the
Assistant Secretary, as amended, on May 3, 1978. The Tennessee Commissioner of Public Health
promulgated parallel regulations on April 3, 1974 (effective May 3, 1974) which were also approved on
August 15, 1975. These Department of Public Health regulations became inoperative on July 1, 1977.
(c) In accordance with §1952.223(e), regulations governing temporary variances were promulgated by the
Commissioner of Labor on July 2, 1973 (effective July 13, 1973) and approved by the Assistant Secretary on
August 15, 1975, (40 FR 36566). These regulations, which were subsequently codified as Tennessee
Department of Labor Chapter 0800–1–2, were expanded to include permanent variances, and amended in
response to Federal comment, and reapproved by the Assistant Secretary on May 3, 1978. The
Commissioner of Public Health promulgated regulations dealing with temporary variances on April 3, 1974,
(effective May 3, 1974) which were also approved by the Secretary on August 15, 1975. These Department
of Public Health regulations became inoperative on July 1, 1977.
(d) In accordance with the requirements of 29 CFR 1952.10, the Tennessee occupational safety and health
poster for private employers and local government employers choosing to be treated as private employers
was approved by the Assistant Secretary on August 15, 1975. In addition, a Tennessee occupational safety
and health poster for public employees was approved by the Assistant Secretary on May 3, 1978.
(e) In accordance with §1952.223(a) the Tennessee occupational safety and health standards identical to
Federal standards (through December 26, 1974) have been promulgated and approved, as revised, by the
Assistant Regional Director on March 31, 1975 (40 FR 14383).
(f) In accordance with §1952.223(f) Tennessee implemented a manual management information system in
July 1973, and converted to an automated system in July 1975.
(g) In accordance with plan commitments, regulations governing Occupational Safety and Health
Recordkeeping and Reporting (Chapter 0800–1–3) were promulgated by the Tennessee Department of
Labor on June 10, 1974, and subsequently amended on April 15, 1976, July 14, 1977, August 15, 1977 and
February 13, 1978. These regulations, which contain requirements essentially identical to the Federal 29
CFR part 1904, were approved by the Assistant Secretary on May 3, 1978.
(h) In accordance with plan commitments, the Tennessee Occupational Safety and Health Review
Commission promulgated regulations governing its operation on May 5, 1974 (Chapters 1030–1 through
1030–7). These regulations were subsequently amended in response to Federal comment on February 13,
1978, and approved by the Assistant Secretary on May 3, 1978.
(i) In accordance with plan commitments, Tennessee revised its original Compliance Operations Manual on
May 19, 1975. The manual which was subsequently amended in response to Federal comment and to
reflect all Federal procedures in effect as of December 1, 1976, was approved by the Assistant Secretary on
May 3, 1978.
(j) In accordance with State plan commitments, a Tennessee Public Employee plan and implementing
regulations (Tennessee Department of Labor Chapter 0800–1–5) have been adopted and were approved by
the Assistant Secretary on May 3, 1978.
(k) In accordance with §1902.34 of this chapter, the Tennessee occupational safety and health plan received
certification, effective May 3, 1978, as having completed all developmental steps specified in its plan as
approved on June 28, 1973, on or before July 1, 1976.
[40 FR 36567, Aug. 21, 1975, as amended at 42 FR 58747, Nov. 11, 1977; 43 FR 20982–20986, May 16,
1978. Redesignated at 50 FR 29669, July 22, 1985]
§ 1952.223 Compliance staffing benchmarks.
top
Under the terms of the 1978 Court Order in AFL-CIO v. Marshall compliance staffing levels (benchmarks)
necessary for a “fully effective” enforcement program were required to be established for each State
operating an approved State plan. In September 1984 Tennessee, in conjunction with OSHA, completed a
reassessment of the levels initially established in 1980 and proposed revised compliance staffing
benchmarks of 22 safety and 14 health compliance officers. After opportunity for public comment and
service on the AFL-CIO, the Assistant Secretary approved these revised staffing requirements on July 22,
1985.
[50 FR 29669, July 22, 1985]
§ 1952.224 Final approval determination.
top
(a) In accordance with section 18(e) of the Act and procedures in 29 CFR part 1902, and after determination
that the State met the “fully effective” compliance staffing benchmarks as revised in 1984 in response to a
Court Order in AFL-CIO v. Marshall (CA 74–406), and was satisfactorily providing reports to OSHA through
participation in the Federal-State Unified Management Information System, the Assistant Secretary
evaluated actual operations under the Tennessee State plan for a period of at least one year following
certification of completion of developmental steps (43 FR 20980). Based on the 18(e) Evaluation Report for
the period of October 1982 through March 1984, and after opportunity for public comment, the Assistant
Secretary determined that in operation the State of Tennessee's occupational safety health program is at
least as effective as the Federal program in providing safe and healthful employment and places of
employment and meets the criteria for final State plan approval in section 18(e) of the Act and implementing
regulations at 29 CFR part 1902. Accordingly, the Tennessee plan was granted final approval and
concurrent Federal enforcement authority was relinquished under section 18(e) of the Act effective July 22,
1985.
(b) Except as otherwise noted, the plan which has received final approval covers all activities of employers
and all places of employment in Tennessee. The plan does not cover private sector maritime employment;
Federal government employers and employees; the U.S. Postal Service (USPS), including USPS
employees, and contract employees and contractor-operated facilities engaged in USPS mail operations;
railroad employment; employment at Tennessee Valley Authority facilities and on military bases, as well as
any other properties ceded to the United States Government.
(c) Tennessee is required to maintain a State program which is at least as effective as operations under the
Federal program; to submit plan supplements in accordance with 29 CFR part 1953; to allocate sufficient
safety and health enforcement staff to meet the benchmarks for State staffing established by the U.S.
Department of Labor, or any revisions to those benchmarks; and, to furnish such reports in such form as the
Assistant Secretary may from time to time require.
[50 FR 29669, July 22, 1985, as amended at 65 FR 36624, June 9, 2000]
§ 1952.225 Level of Federal enforcement.
top
(a) As a result of the Assistant Secretary's determination granting final approval to the Tennessee plan
under section 18(e) of the Act, effective July 22, 1985, occupational safety and health standards which have
been promulgated under section 6 of the Act do not apply with respect to issues covered under the
Tennessee plan. This determination also relinquishes concurrent Federal OSHA authority to issue citations
for violations of such standards under sections 5(a)(2) and 9 of the Act; to conduct inspections and
investigations under section 8 (except those necessary to conduct evaluation of the plan under section 18(b)
and other inspections, investigations, or proceedings necessary to carry out Federal responsibilities not
specifically preempted by section 18(e)); to conduct enforcement proceedings in contested cases under
section 10; to institute proceedings to correct imminent dangers under section 13; and to propose civil
penalties or initiate criminal proceedings for violations of the Federal Act under section 17. The Assistant
Secretary retains jurisdiction under the above provisions in any proceeding commenced under section 9 or
10 before the effective date of the 18(e) determination.
(b)(1) In accordance with section 18(e), final approval relinquishes Federal OSHA authority only with regard
to occupational safety and health issues covered by the Tennessee plan. OSHA retains full authority over
issues which are not subject to State enforcement under the plan. Thus, Federal OSHA retains its authority
relative to safety and health in private sector maritime activities and will continue to enforce all provisions of
the Act, rules or orders, and all Federal standards, current or future, specifically directed to maritime
employment (29 CFR Part 1915, shipyard employment; Part 1917, marine terminals; Part 1918, longshoring;
Part 1919, gear certification) as well as provisions of general industry and construction standards (29 CFR
Parts 1910 and 1926) appropriate to hazards found in these employments; railroad employment, not
otherwise regulated by another Federal agency; employment at Tennessee Valley Authority facilities and on
military bases. Federal jurisdiction is also retained with respect to Federal government employers and
employees, and the U.S. Postal Service (USPS), including USPS employees, and contract employees and
contractor-operated facilities engaged in USPS mail operations.
(2) In addition, any hazard, industry, geographical area, operation or facility over which the State is unable to
effectively exercise jurisdiction for reasons not related to the required performance or structure of the plan
shall be deemed to be an issue not covered by the finally approved plan, and shall be subject to federal
enforcement. Where enforcement jurisdiction is shared between Federal and State authorities for a
particular area, project, or facility, in the interest of administrative practicability Federal jurisdiction may be
assumed over the entire project or facility. In either of the two aforementioned circumstances, Federal
enforcement may be exercised immediately upon agreement between Federal and State OSHA.
(c) Federal authority under provisions of the Act not listed in section 18(e) is unaffected by final approval of
the plan. Thus, for example, the Assistant Secretary retains his authority under section 11(c) of the Act with
regard to complaints alleging discrimination against employees because of the exercise of any right afforded
to the employee by the Act, although such complaints may be referred to the State for investigation. The
Assistant Secretary also retains his authority under section 6 of the Act to promulgate, modify or revoke
occupational safety and health standards which address the working conditions of all employees, including
those in States which have received an affirmative 18(e) determination, although such standards may not be
federally applied. In the event that the State's 18(e) status is subsequently withdrawn and Federal authority
reinstated, all Federal standards, including any standards promulgated or modified during the 18(e) period,
would be federally enforceable in that State.
(d) As required by section 18(f) of the Act, OSHA will continue to monitor the operations of the Tennessee
State program to assure that the provisions of the State plan are substantially complied with and that the
program remains at least as effective as the Federal program. Failure by the State to comply with its
obligations may result in the revocation of the final determination under section 18(e), resumption of Federal
enforcement, and/or proceedings for withdrawal of plan approval.
[50 FR 29670, July 22, 1985, as amended at 65 FR 36624, June 9, 2000]
§ 1952.226 Where the plan may be inspected.
top
A copy of the principal documents comprising the plan may be inspected and copied during normal business
hours at the following locations:
Office of State Programs, Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health Administration, U.S.
Department of Labor, Atlanta Federal Center, 61 Forsyth Street, SW, Room 6T50, Atlanta,
Georgia 30303; and
Office of the Commissioner, Tennessee Department of Labor, 710 James Robertson Parkway,
Nashville, Tennessee 37243–0659.
[65 FR 36624, June 9, 2000]
§ 1952.227 Changes to approved plans.
top
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Tennessee's revised statutory
penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as
amended on November 5, 1990.
(2) [Reserved]
(b) The Voluntary Protection Program. On October 24, 1996, the Assistant Secretary approved Tennessee's
plan supplement, which is generally identical to the Federal Voluntary Protection Program, with the
exception that the State's VPP is limited to the “Star” level participation for general industry firms.
[59 FR 14556, Mar. 29, 1994, as amended at 61 FR 55099, Oct. 24, 1996]
Subpart Q—Kentucky
top
Source: 50 FR 24896, June 13, 1985, unless otherwise noted.
§ 1952.230 Description of the plan as initially approved.
top
(a) The plan designates the Department of Labor as the agency responsible for administering the Plan
throughout the State. It proposes to define the occupational safety and health issue covered by it as defined
by the Secretary of Labor in §1902.2(c)(1) of this chapter. All occupational safety and health standards
promulgated by the United States Secretary of Labor have been adopted under the Plan as well as a certain
standard deemed to be “as effective as” the Federal standard, except those found in parts 1915, 1916, 1917
and 1918 of this chapter (ship repairing, ship building, ship breaking and longshoring). All Federal standards
adopted by the State became effective on December 29, 1972.
(b) Within the plan there is enabling legislation revising chapter 338 of the Kentucky Revised Statutes which
became law on March 27, 1972; as well as legislation enacted and approved in a Special Session of the
Legislature in 1972 amending the enabling legislation. The law as enacted and modified gives the
Department of Labor, Division of Occupational Safety and Health, the statutory authority to implement an
occupational safety and health plan modeled after the Federal Act. There are provisions within it granting the
Commissioner of Labor the authority to inspect workplaces and to issue citations for the abatement of
violations and there is also included a prohibition against advance notice of such inspections. The law is also
intended to insure employer and employee representatives an opportunity to accompany inspectors and to
call attention to possible violations; notification of employees or their representatives when no compliance
action is taken as a result of employee alleged violations; protection of employees against discrimination in
terms and conditions of employment; and adequate safeguards to protect trade secrets. There is provision
made for the prompt restraint of imminent danger situations and a system of penalties for violation of the
statute. There are also provisions creating the Kentucky Occupational Safety and Health Standards Board
and the Kentucky Occupational Safety and Health Review Board. The Law has further provision that the
Department of Labor will enter into an agreement with the Public Service Commission (PSC) which shall
serve as the State agency in the administration of all matters relating to occupational safety and health with
respect to employees of public utilities.
(c) The plan includes an opinion from the Attorney General that the Law is consistent with the Constitution of
the State. There is also set forth in the Plan a Time Schedule for the Development of a Public Employee
Program. The Plan also contains a comprehensive description of personnel employed under the State's
merit system as well as its proposed budget and resources.
(d) The Kentucky plan includes the following documents as of the date of approval:
(1) The plan description documents, including the Kentucky Occupational Safety and Health Act, and
appendices in three (3) volumes;
(2) Letter for James R. Yocum, Commissioner of the Kentucky Department of Labor, to Basil A. Needham,
Jr., Regional Administrator, Atlanta, Georgia Office, Occupational Safety and Health Administration, June
14, 1973, submitting additions and clarifications to the plan.
(3) Letter from James R. Yocum to the Assistant Secretary of Labor, John H. Stender, July 13, 1973,
submitting assurances that the State will submit certain amendments to the 1974 Session of its Legislature.
(e) The public comments will also be available for inspection and copying with the plan documents.
[38 FR 20324, July 31, 1973, as amended at 50 FR 24896, June 13, 1985]
§ 1952.231 Developmental schedule.
top
The Kentucky state plan is developmental. The following is the developmental schedule as provided by the
plan:
(a) A comprehensive public employee program will be developed within three years of plan approval.
(b) Within six months after plan approval, the procedure for the promulgation of standards will be revised.
(c) An affirmative action program will be submitted to the Assistant Secretary as well as clearance of
possible inconsistencies of the State Merit System by the Civil Service Commission within six months after
grant approval.
(d) Revision of various regulations, including those pertaining to employee access to information on their
exposure to toxic materials or harmful physical agents and contests before the Review Commission will be
undertaken within six months after plan approval.
(e) Submission of amendments to KRS chapter 338 in 1974 General Assembly, to provide temporary
variance authority and incorporate in that chapter penalties for willful violations causing death.
[38 FR 20324, July 31, 1973. Redesignated at 50 FR 24896, June 13, 1985]
§ 1952.232 Completion of developmental steps and certification.
top
(a) In accordance with the requirements of §1952.10 the Kentucky Safety and Health Poster for private and
public employees was approved by the Assistant Secretary on May 20, 1976.
(b) Amendments in the Kentucky enabling legislation were enacted to include (1) a division of occupational
safety and health compliance and a division of education and training (KRS 333.153(a)) and (2) authority
and procedures for granting temporary variances. Penalties for willful violations causing death of an
employee are covered under KRS chapters 434, 503 and 534.
(c) An amended Kentucky Administrative Procedure Act (KRS chapter 13) provides procedures for
promulgation of standards and administrative regulations including emergency temporary standards.
(d) Kentucky regulations governing recordkeeping and reporting (parallel to the Federal 29 CFR part 1904),
inspections, citations, proposed penalties (parallel to the Federal 29 CFR part 1903) and variances (parallel
to the Federal 29 CFR part 1905) were initially approved with the State plan on July 31, 1973. These
regulations were expanded to provide for:
(1) Penalties for failure to correct violations;
(2) Mandatory penalties for failure to post a citation;
(3) Procedures for petition for modification of abatement dates and
(4) Procedures for granting temporary variances.
In addition, Kentucky adopted regulations pertaining to employee access to information on exposure to toxic
materials or harmful physical agents.
(e) A manual Management Information System was implemented in July, 1975, and converted to an
automated system in July, 1977.
(f) The personnel operations of the Kentucky Department of Labor and the servicing merit system agency
have been found to be in substantial conformity with the “Standards for a Merit System of Personnel
Administration” by letter of the Secretary of Labor dated May 17, 1977. In addition, a Kentucky Department
of Labor affirmative action plan to promote equal employment opportunity has been judged acceptable by
the Regional Office of Personnel Management by letter dated February 12, 1979.
(g) Kentucky revised regulations governing the operation of the Kentucky Occupational Safety and Health
Review Commission were promulgated in December, 1975.
(h) A revised Kentucky Compliance Manual was initially submitted in July, 1976, and subsequently amended
in response to Federal comment to reflect changes in Federal procedures through December 20, 1976.
(i) By executive orders 74–374 and 77–573 dated May 15, 1974, and June 30, 1977, respectively, the
Governor of Kentucky made the following changes in the organization of the Kentucky Occupational Safety
and Health Program:
(1) All occupational health functions except laboratory services were transferred from Kentucky Department
of Human Resources to the Kentucky Department of Labor.
(2) Responsibilities for coverage of employees of public utilities were transferred from the Kentucky Public
Service Commission to the Kentucky Department of Labor.
(j) A Kentucky Public Employee plan has been adopted by the State.
(k) In accordance with §1902.34 of this chapter, the Kentucky occupational safety and health plan received
certification, effective February 8, 1980, as having completed all developmental steps specified in its plan as
approved on July 31, 1973, on or before July 31, 1976. This certification attests to structural completion, but
does not render judgment on adequacy of performance.
[41 FR 21774, May 28, 1976, as amended at 41 FR 34252, Aug. 13, 1976; 45 FR 8596, 8598, Feb. 8, 1980.
Redesignated at 50 FR 24896, June 13, 1985]
§ 1952.233 Compliance staffing benchmarks.
top
Under the terms of the 1978 Court Order in AFL-CIO v. Marshall compliance staffing levels (benchmarks)
necessary for a “fully effective” enforcement program were required to be established for each State
operating an approved State plan. In September 1984 Kentucky, in conjunction with OSHA, completed a
reassessment of the levels initially established in 1980 and proposed revised compliance staffing
benchmarks of 23 safety and 14 health compliance officers. After opportunity for public comment and
service on the AFL-CIO, the Assistant Secretary approved these revised staffing requirements on June 13,
1985.
§ 1952.234 Final approval determination.
top
(a) In accordance with section 18(e) of the Act and procedures in 29 CFR part 1902, and after determination
that the State met the “fully effective” compliance staffing benchmarks as revised in 1984 in response to a
Court Order in AFL-CIO v. Marshall (CA 74–406), and was satisfactorily providing reports to OSHA through
participation in the Federal-State Unified Management Information System, the Assistant Secretary
evaluated actual operations under the Kentucky State plan for a period of at least one year following
certification of completion of developmental steps (45 FR 8596). Based on the 18(e) Effectiveness Report
for the period of October 1982 through March 1984, and after opportunity for public comment, the Assistant
Secretary determined that in operation the State of Kentucky's occupational safety health program is at least
as effective as the Federal program in providing safe and healthful employment and places of employment
and meets the criteria for final State plan approval in section 18(e) of the Act and implementing regulations
at 29 CFR part 1902. Accordingly, the Kentucky plan was granted final approval and concurrent Federal
enforcement authority was relinquished under section 18(e) of the Act effective June 13, 1985.
(b) Except as otherwise noted, the plan which has received final approval covers all activities of employers
and all places of employment in Kentucky. The plan does not cover private sector maritime employment;
employment at Tennessee Valley Authority facilities; military bases; properties ceded to the U.S.
Government; Federal government employers and employees; the U.S. Postal Service (USPS), including
USPS employees, and contract employees and contractor-operated facilities engaged in USPS mail
operations; the enforcement of the field sanitation standard, 29 CFR 1928.110, and the enforcement of the
temporary labor camps standard, 29 CFR 1910.142, with respect to any agricultural establishment where
employees are engaged in “agricultural employment” within the meaning of the Migrant and Seasonal
Agricultural Worker Protection Act, 29 U.S.C. 1802(3), regardless of the number of employees, including
employees engaged in hand packing of produce into containers, whether done on the ground, on a moving
machine, or in a temporary packing shed, except that Kentucky retains enforcement responsibility over
agricultural temporary labor camps for employees engaged in egg, poultry, or red meat production, or the
post-harvest processing of agricultural or horticultural commodities.
(c) Kentucky is required to maintain a State program which is at least as effective as operations under the
Federal program; to submit plan supplements in accordance with 29 CFR part 1953; to allocate sufficient
safety and health enforcement staff to meet the benchmarks for State staffing established by the U.S.
Department of Labor, or any revisions to those benchmarks; and, to furnish such reports in such form as the
Assistant Secretary may from time to time require.
[50 FR 24896, June 13, 1985, as amended at 62 FR 2562, Jan. 17, 1997; 65 FR 36624, June 9, 2000]
§ 1952.235 Level of Federal enforcement.
top
(a) As a result of the Assistant Secretary's determination granting final approval to the Kentucky plan under
section 18(e) of the Act, effective June 13, 1985, occupational safety and health standards which have been
promulgated under section 6 of the Act do not apply with respect to issues covered under the Kentucky plan.
This determination also relinquishes concurrent Federal OSHA authority to issue citations for violations of
such standards under sections 5(a)(2) and 9 of the Act; to conduct inspections and investigations under
section 8 (except those necessary to conduct evaluation of the plan under section 18(b) and other
inspections, investigations, or proceedings necessary to carry out Federal responsibilities not specifically
preempted by section 18(e)); to conduct enforcement proceedings in contested cases under section 10; to
institute proceedings to correct imminent dangers under section 13; and to propose civil penalties or initiate
criminal proceedings for violations of the Federal Act under section 17. The Assistant Secretary retains
jurisdiction under the above provisions in any proceeding commenced under section 9 or 10 before the
effective date of the 18(e) determination.
(b)(1) In accordance with section 18(e), final approval relinquishes Federal OSHA authority only with regard
to occupational safety and health issues covered by the Kentucky plan. OSHA retains full authority over
issues which are not subject to State enforcement under the plan. Thus, Federal OSHA retains its authority
relative to safety and health in private sector maritime activities and will continue to enforce all provisions of
the Act, rules or orders, and all Federal standards, current or future, specifically directed to maritime
employment (29 CFR Part 1915, shipyard employment; Part 1917, marine terminals; Part 1918, longshoring;
Part 1919, gear certification) as well as provisions of general industry and construction standards (29 CFR
Parts 1910 and 1926) appropriate to hazards found in these employments; employment at Tennessee
Valley Authority facilities and on all military bases, as well as any other properties ceded to the U.S.
Government. Federal jurisdiction is retained and exercised by the Employment Standards Administration,
U.S. Department of Labor, (Secretary's Order 5–96, dated December 27, 1996) with respect to the field
sanitation standard, 29 CFR 1928.110, and the enforcement of the temporary labor camps standard, 29
CFR 1910.142, in agriculture, as described in §1952.234(b). Federal jurisdiction is also retained with respect
to Federal government employers and employees; and the U.S. Postal Service (USPS), including USPS
employees, and contract employees and contractor-operated facilities engaged in USPS mail operations.
(2) In addition, any hazard, industry, geographical area, operation or facility over which the State is unable to
effectively exercise jurisdiction for reasons not related to the required performance or structure of the plan
shall be deemed to be an issue not covered by the finally approved plan, and shall be subject to Federal
enforcement. Where enforcement jurisdiction is shared between Federal and State authorities for a
particular area, project, or facility, in the interest of administrative practicability, Federal jurisdiction may be
assumed over the entire project or facility. In either of the two aforementioned circumstances, Federal
enforcement may be exercised immediately upon agreement between Federal and State OSHA.
(c) Federal authority under provisions of the Act not listed in section 18(e) is unaffected by final approval of
the plan. Thus, for example, the Assistant Secretary retains his authority under section 11(c) of the Act with
regard to complaints alleging discrimination against employees because of the exercise of any right afforded
to the employee by the Act, although such complaints may be referred to the State for investigation. The
Assistant Secretary also retains his authority under section 6 of the Act to promulgate, modify or revoke
occupational safety and health standards which address the working conditions of all employees, including
those in States which have received an affirmative 18(e) determination, although such standards may not be
Federally applied. In the event that the State's 18(e) status is subsequently withdrawn and Federal authority
reinstated, all Federal standards, including any standards promulgated or modified during the 18(e) period,
would be Federally enforceable in that State.
(d) As required by section 18(f) of the Act, OSHA will continue to monitor the operations of the Kentucky
State program to assure that the provisions of the State plan are substantially complied with and that the
program remains at least as effective as the Federal program. Failure by the State to comply with its
obligations may result in the revocation of the final determination under section 18(e), resumption of Federal
enforcement, and/or proceedings for withdrawal of plan approval.
[50 FR 24896, June 13, 1985, as amended at 62 FR 2562, Jan. 17, 1997; 65 FR 36624, June 9, 2000]
§ 1952.236 Where the plan may be inspected.
top
A copy of the principal documents comprising the plan may be inspected and copied during normal business
hours at the following locations:
Office of State Programs, Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health Administration, U.S.
Department of Labor, Atlanta Federal Center, 61 Forsyth Street, SW., Room 6T50, Atlanta,
Georgia 30303; and
Office of the Secretary, Kentucky Labor Cabinet, 1047 U.S. Highway 127 South, Suite 4,
Frankfort, Kentucky 40601.
[65 FR 36625, June 9, 2000]
§ 1952.237 Changes to approved plans.
top
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Kentucky's revised statutory
penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as
amended on November 5, 1990.
(2) [Reserved]
(b) The Voluntary Protection Program. On October 24, 1996, the Assistant Secretary approved Kentucky's
plan supplement, which is generally identical to the Federal Voluntary Protection Program, with the
exception that the State's VPP is limited to the “Star” level participation for general industry firms.
(c) Temporary labor camps/field sanitation. Effective February 3, 1997, the Assistant Secretary approved
Kentucky's plan amendment, dated July 29, 1996, relinquishing coverage for the issues of field sanitation
(29 CFR 1928.110) and temporary labor camps (29 CFR 1910.142) in agriculture (except for agricultural
temporary labor camps associated with egg, poultry or red meat production, or the post-harvest processing
of agricultural or horticultural commodities.) The Employment Standards Administration, U.S. Department of
Labor, has assumed responsibility for enforcement of these Federal OSHA standards in agriculture in
Kentucky pursuant to Secretary of Labor's Order 5–96, dated December 27, 1996.
[59 FR 14556, Mar. 29, 1994, as amended at 61 FR 55099, Oct. 24, 1996; 62 FR 2563, Jan. 17, 1997]
Subpart R—Alaska
top
§ 1952.240 Description of the plan as initially approved.
top
(a) The Department of Labor is the State agency designated by the Governor to administer the plan
throughout the State. The plan defines the covered occupational safety and health issues as defined by the
Secretary of Labor in §1902.2(c)(1) of this chapter under four major codes for general safety, industrial
housing, electrical hazards, and occupational health and environmental controls. The plan also includes
vertical special industry codes for construction, wood products, petroleum, and fishing. Appendix G of the
plan contains a time-table for adoption of the standards beginning with the effective date of the grant
approved under section 23(g) of the Act. The timetable requires from 6 to 36 months for completion of the
standard-setting process with most of the standards to be adopted within 6 months of the effective date of
the grant.
(b)(1) The plan included draft legislation which has been passed by the State legislature and signed by the
Governor amending chapter 18 of the Alaska Statutes. Under the legislation, effective July 24, 1973, the
Department of Labor has full authority to enforce and administer laws respecting safety and health of
employees in all workplaces of the State, including coverage of public employees, with the exceptions of
maritime workers in the area of exclusive Federal jurisdiction; employees of the United States; employees
protected by State agencies under the Atomic Energy Act of 1954, (42 U.S.C. 2021); and employees whose
working conditions are regulated by Federal agencies other than the U.S. Department of Labor under the
provisions of section 4(b)(1) of the Occupational Safety and Health Act of 1970. (84 Stat. 1592, 29 U.S.C.
653(b)(1)).
(2) The legislation brings the plan into conformity with the requirements of part 1902 of this chapter in areas
such as procedures for granting or denying permanent and temporary variances to standards by the
Commissioner; protection of employees from hazards; promulgation of standards by the Commissioner
prescribing requirements “at least as effective” as the requirements for Federal Standards including medical
examinations and monitoring and measuring of hazards; imminent danger abatement by administrative
order and court injunction; protection of employees against discharge or discrimination in terms or conditions
of employment by filing complaints with the Commissioner who will seek court action through the State
Attorney General; and adequate safeguards to protect trade secrets.
(3) The legislation provides for inspections, including inspections in response to complaints; gives employers
and employee representatives an opportunity to accompany inspectors in order to aid inspections and
provides for payment to employees for time spent in aiding an inspection; notification of employees or their
representatives when no compliance action is taken as a result of an alleged violation, including informal
review; notification of employees of their protections and obligations through legislative requirements on
posting; provision for prompt notice to employers and employees of alleged violations of standards, and
abatement requirements, through the issuance and posting of citations; a system of sanctions against
employers for violations of standards; employer right of review to the Occupational Safety and Health
Review Board; and employee participation in the review procedure with compensation for time spent by the
employee.
(c) Included in the plan is a statement of legal opinion that the law, which was supported by the Governor in
accordance with the requirements of part 1902 of this chapter, is consistent with the Constitution and laws of
Alaska. The plan sets out goals and provides a timetable for bringing it into full conformity with part 1902 of
this chapter at the end of three years after commencement of operations under the plan. Personnel will be
employed under the existing State merit system and the voluntary compliance program for on-site
consultation meets the conditions set forth in the Washington decision (38 FR 2421). The plan also includes
the State Administrative Procedure Act which authorizes the Commissioner to promulgate emergency
temporary standards and issue rules and regulations necessary for the implementation of the safety and
health law.
(d) The plan includes the following documents as of the date of approval:
(1) The plan document and appendices A through V.
(2) Alaska legislation as enacted amending chapter 18 of the Alaska Statutes.
(3) Letters from the Commissioner of Labor dated May 25, 1973, June 15, 1973, and July 10, 1973.
[38 FR 21630, Aug. 10, 1973, as amended at 49 FR 38261, Sept. 28, 1984]
§ 1952.241 Developmental schedule.
top
The Alaska plan is developmental. The Schedule of developmental steps (described in the plan as revised in
letters dated September 17, 1975, February 10, 1976, and April 15, 1976, from Edmond N. Orbeck,
Commissioner, Alaska Department of Labor, to James Lake, Regional Administrator for Occupational Safety
and Health) follows:
(a) Promulgation of occupational safety and health standards, as effective as corresponding Federal
standards promulgated under chapter XVII of title 29, Code of Federal Regulations by September 1976.
(b) A Compliance Operations Manual for the guidance of compliance personnel will be developed and
printed by February 1, 1974.
(c) A Management Information System (MIS) will be developed by October 1, 1974.
(d) An interim training schedule (appendix M) will be initiated by April 1, 1974. An extended training plan of
substantially permanent form will be developed and adopted by October 1, 1976.
(e) Complete hiring of industrial health staff by October 1, 1976.
(f) Provide for an Industrial Health laboratory capacity by October 1, 1976.
(g) Adoption of the following regulations by January 30, 1975:
(1) Recordkeeping and Reporting;
(2) Variances;
(3) Exceptions to the prohibitions against advance notice (such exceptions to be no broader than those
contained in 29 CFR part 1903);
(4) Clarification of the appropriate parties for employers to notify in order to file a notice of contest;
(5) A definition of imminent danger that mirrors the Federal definition;
(6) A regulation to allow affected employees to participate as parties in hearings.
[41 FR 56315, Dec. 28, 1976. Redesignated at 49 FR 38261, Sept. 28, 1984]
§ 1952.242 Completed developmentalsteps.
top
(a) In accordance with §1952.243(d) Alaska completed its interim training program by April 1, 1974, and has
developed and adopted an extended training program by October 1, 1976 (41 FR 36206).
(b) In accordance with §1952.243(c) Alaska has developed and implemented a manual Management
Information System by October 1, 1974 (41 FR 36206).
(c) In accordance with the requirements of §1952.10 the Alaska Safety and Health Poster for private and
public employees was approved by the Assistant Secretary on September 28, 1976 (41 FR 43405).
(d) In accordance with §1952.243(e) Alaska has completed hiring of its industrial health staff by October 1,
1976 (41 FR 52556).
(e) In accordance with §1952.243(f) Alaska has provided for an Industrial Health Laboratory capacity by
October 1, 1976 (41 FR 36206).
(f) In accordance with §1952.243(g) Alaska has adopted regulations covering inspections, citations, and
proposed penalties, Alaska Occupational Safety and Health Review Board procedures; recording and
reporting occupational injuries and illnesses; variances; and consulting and training which were approved by
the Assistant Secretary on August 2, 1977.
(g) In accordance with §1952.243(b) Alaska has developed a Compliance Manual which is modeled after the
Federal Field Operations Manual and was approved by the Assistant Secretary on August 2, 1977.
(h) In accordance with §1902.34 of this chapter, the Alaska occupational safety and health plan was
certified, effective September 9, 1977, as having completed on or before October 1, 1976, all developmental
steps specified in the plan as approved on July 31, 1973.
[41 FR 56315, Dec. 28, 1976, as amended at 42 FR 40196, Aug, 9, 1977; 42 FR 45907, Sept 13, 1977.
Redesignated at 49 FR 38261, Sept. 28, 1984]
§ 1952.243 Final approval determination.
top
(a) In accordance with section 18(e) of the Act and procedures in 29 CFR part 1902, and after a
determination that the State met the “fully effective” compliance staffing benchmarks as established in 1980
in response to a Court Order in AFL-CIO v. Marshall, (CA 74–406), and was satisfactorily providing reports
to OSHA through participation in the Federal-State Unified Management Information, System, the Assistant
Secretary evaluated actual operations under the Alaska State plan for a period of at least one year following
certification of completion of developmental steps (Sept. 9, 1977, 42 FR 54905). Based on the Evaluation
Report for FY 1983 and available FY 1984 data, and after opportunity for public comment and an informal
public hearing held on June 7, 1984 in Anchorage, Alaska, the Assistant Secretary determined that in actual
operations, the State of Alaska occupational safety and health program is at least as effective as the Federal
program in providing safe and healthful employment and places of employment and meets the criteria for
final States plan approval in section 18(e) of the Act and implementing regulations at 29 CFR part 1902.
Accordingly, the Alaska plan was granted final approval and concurrent Federal enforcement authority was
relinquised under section 18(e) of the Act effective September 26, 1984.
(b) Except as otherwise noted, the plan which has received final approval covers all activities of employers
and all places of employment in Alaska. The plan does not cover:
(1) Private sector maritime employment;
(2) Worksites located on the navigable waters, including artificial islands;
(3) Native health care facilities that are Federally owned and contractor operated, including those owned by
the U.S. Department of the Interior—Indian Health Service, the U.S. Department of Defense, or the U.S.
Department of Commerce—National Oceanic and Atmospheric Administration, and operated by Tribal
organizations under contract with the Indian Health Service;
(4) Operations of private sector employers within the Metlakatla Indian Community on the Annette Islands;
(5) Operations of private sector employers within Denali (Mount McKinley) National Park;
(6) Operations of private contractors at Cape Lisburne Long Range Missile Base, Point Lay Short Range
Missile Base, Eareckson Air Station on Shemya Island, Fort Greeley Missile Defense in Delta Junction, the
U.S. Coast Guard Integrated Support Commands in Kodiak and Ketchikan, the U.S. Coast Guard Air Station
in Sitka, and the U.S. Coast Guard 17th District Command in Juneau;
(7) Federal government employers and employees;
(8) The U.S. Postal Service (USPS), including USPS employees, and contract employees and contractoroperated facilities engaged in USPS mail operations; or
(9) The enforcement of the field sanitation standard, 29 CFR 1928.110, and the enforcement of the
temporary labor camps standard, 29 CFR 1910.142, with respect to any agricultural establishment where
employees are engaged in “agricultural employment” within the meaning of the Migrant and Seasonal
Agricultural Worker Protection Act, 29 U.S.C. 1802(3), regardless of the number of employees, including
employees engaged in hand packing of produce into containers, whether done on the ground, on a moving
machine, or in a temporary packing shed, except that Alaska retains enforcement responsibility over
agricultural temporary labor camps for employees engaged in egg, poultry, or red meat production, or the
post-harvest processing of agricultural or horticultural commodities.
(c) Alaska is required: To maintain a State program which is at least as effective as operations under the
Federal program; to submit plan supplements in accordance with 29 CFR part 1953; to allocate sufficient
safety and health enforcement staff to meet the benchmarks for State staffing established by the U.S.
Department of Labor, or any revisions to those benchmarks; and, to furnish such reports in such form as the
Assistant Secretary may from time to time require.
[49 FR 38261, Sept. 28, 1984, as amended at 54 FR 115, Jan. 4, 1989; 62 FR 2563, Jan. 17, 1997; 65 FR
36625, June 9, 2000; 69 FR 20827, Apr. 19, 2004]
§ 1952.244 Level of Federal enforcement.
top
(a) As a result of the Assistant Secretary's determination granting final approval to the Alaska plan under
section 18(e) of the Act, effective September 26, 1984, occupational safety and health standards which have
been promulgated under section 6 of the Act do not apply with respect to issues covered under the Alaska
plan. This determination also relinquishes concurrent Federal OSHA authority to issue citations for violation
of such standards under sections 5(a)(2) and 9 of the Act; to conduct inspections and investigations under
section 8 (except those necessary to conduct evaluation of the plan under section 18(b) and other
inspections, investigations, or proceedings necessary to carry out Federal responsibilities not specifically
preempted by section 18(e)); to conduct enforcement proceedings in contested cases under section 10; to
institute proceedings to correct imminent dangers under section 13; and to propose civil penalties or inititate
criminal proceedings for violations of the Federal Act under section 17. The Assistant Secretary may retain
jurisdiction under the above provisions in any proceeding commenced under section 9 or 10 before the
effective date of the 18(e) determination.
(b) In accordance with section 18(e), final approval relinquishes Federal OSHA authority only with regard to
occupational safety and health issues covered by the Alaska plan. OSHA retains full authority over issues
which are not subject to State enforcement under the plan.
(1) Federal OSHA retains its authority relative to safety and health in private sector maritime activities and
will continue to enforce all provisions of the Act, rules or orders, and all Federal standards, current or future,
specifically directed to maritime employment (29 CFR Part 1915, shipyard employment; Part 1917, marine
terminals; Part 1918, longshoring; Part 1919, gear certification) as well as provisions of general industry and
construction standards (29 CFR Parts 1910 and 1926) appropriate to hazards found in these employments.
(2) Federal jurisdiction will be retained over marine-related private sector employment at worksites on the
navigable waters, such as floating seafood processing plants, marine construction, employments on artificial
islands, and diving operations in accordance with section 4(b)(1) of the Act.
(3) Federal jurisdiction is also retained and exercised by the Employment Standards Administration, U.S.
Department of Labor (Secretary's Order 5–96, December 27, 1996) with respect to the field sanitation
standard, 29 CFR 1928.110, and the enforcement of the temporary labor camps standard, 29 CFR
1910.142, in agriculture, as described in §1952.243(b).
(4) Federal jurisdiction is also retained for Native health care facilities that are Federally owned and
contractor operated, including those owned by the U.S. Department of the Interior, Indian Health Service;
the U.S. Department of Defense; or the U.S. Department of Commerce, National Oceanic and Atmospheric
Administration; and operated by Tribal organizations under contract with the Indian Health Service.
However, the State retains jurisdiction over construction and contract maintenance activities at these
facilities with the exception of the Metlakatla Indian Community, Annette Island Service Unit, which is
entirely under Federal jurisdiction. (The State also retains jurisdiction over Native health care facilities that
are leased or owned by Tribal organizations, except for the Metlakatla Indian Community.)
(5) Federal jurisdiction is also retained with regard to the operations of private contractors at Cape Lisburne
Long Range Missile Base, Point Lay Short Range Missile Base, Eareckson Air Station on Shemya Island,
Fort Greeley Missile Defense in Delta Junction, the U.S. Coast Guard Integrated Support Commands in
Kodiak and Ketchikan, the U.S. Coast Guard Air Station in Sitka, and the U.S. Coast Guard 17th District
Command in Juneau.
(6) Federal jurisdiction is also retained for private sector worksites located within the Annette Islands
Reserve of the Metlakatla Indian Community, for private sector worksites located within the Denali (Mount
McKinley) National Park, for Federal government employers, and for the U.S. Portal Service (USPS),
including USPS employees, and contract employees and contractor-operated facilities engaged in USPS
mail operations.
(c) Federal authority under provisions of the Act not listed in section 18(e) is unaffected by final approval of
the plan. Thus, for example, the Assistant Secretary retains his authority under section 11(c) of the Act with
regard to complaints alleging discrimination against employees because of the exercise of any right afforded
to the employee by the Act, although such complaints may be referred to the State for investigation. The
Assistant Secretary also retains his authority under section 6 of the Act to promulgate, modify or revoke
occupational safety and health standards which address the working conditions of all employees, including
those in States which have received an affirmative 18(e) determination, although such standards may not be
Federally applied. In the event that the State's 18(e) status is subsequently withdrawn and Federal authority
reinstated, all Federal standards, including any standards promulgated or modified during the 18(e) period,
would be Federally enforceable in that State.
(d) As required by section 18(f) of the Act, OSHA will continue to monitor the operations of the Alaska State
program to assure that the provisions of the State plan are substantially complied with and that the program
remains at least as effective as the Federal program. Failure by the State to comply with its obligations may
result in the revocation of the final determination under section 18(e), resumption of Federal enforcement,
and/or proceedings for withdrawal of plan approval.
[49 FR 38261, Sept. 28, 1984, as amended at 54 FR 115, Jan. 4, 1989; 62 FR 2563, Jan. 17, 1997; 65 FR
36625, June 9, 2000; 69 FR 20827, Apr. 19, 2004]
§ 1952.245 Where the plan may be inspected.
top
A copy of the principal documents comprising the plan may be inspected and copied during normal business
hours at the following locations:
Office of State Programs, Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health Administration, U.S.
Department of Labor, Suite 715, 1111 Third Avenue, Seattle, Washington, 98101–3212; and
Office of the Commissioner, Alaska Department of Labor, 1111 W. 8th Street, Room 306, P.O.
Box 24119, Juneau, Alaska 99802–1149.
[65 FR 36625, June 9, 2000]
§ 1952.246 Changes to approved plans.
top
(a) In accordance with part 1953 of this chapter, the following Alaska plan changes were approved by the
Assistant Secretary:
(1) The State submitted a revised field operations manual patterned after and responsive to modifications to
the Federal field operations manual in effect February 11, 1985 which superseded its earlier approved
manual. The Assistant Secretary approved the manual on October 24, 1985.
(2) The State submitted an industrial hygiene technical manual patterned after and responsive to
modifications to the Federal manual in effect October 29, 1984. The Assistant Secretary approved the
manual on October 24, 1985.
(3) The State submitted an inspection scheduling system patterned after and responsive to the Federal
system in effect October 29, 1984. The Assistant Secretary approved the supplement on October 24, 1985.
(4) The State submitted an amendment to its legislation and field procedures which provided for issuance of
an onsite notice of violations which serves to require correction of other than serious violations in lieu of a
citation. The Assistant Secretary approved these changes on October 24, 1985.
(5) The State submitted several changes on its administrative and review rules concerning personal
sampling, ex parte warrants, petition to modify abatement dates, withdrawal of contest, recordkeeping
penalties and exemptions, exemption from scheduled inspections after consultation, renaming the division of
the State agency directly enforcing standards, and the address for filing contests. The Assistant Secretary
approved these changes on October 24, 1985.
(b) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Alaska's revised statutory penalty
levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as
amended on November 5, 1990.
(2) [Reserved]
(c) Temporary labor camps/field sanitation. Effective February 3, 1997, the Assistant Secretary approved
Alaska's plan amendment, dated October 1, 1996, relinquishing coverage for the issues of field sanitation
(29 CFR 1928.110) and temporary labor camps (29 CFR 1910.142) in agriculture (except for agricultural
temporary labor camps associated with egg, poultry or red meat production, or the post-harvest processing
of agricultural or horticultural commodities.) The Employment Standards Administration, U.S. Department of
Labor, has assumed responsibility for enforcement of these Federal OSHA standards in agriculture in
Alaska pursuant to Secretary of Labor's Order 5–96, dated December 27, 1996.
[50 FR 43133, Oct. 24, 1985, as amended at 59 FR 14556, Mar. 29, 1994; 59 FR 50793, Oct. 5, 1994; 62
FR 2563, Jan. 17, 1997]
Subpart S [Reserved]
top
Subpart T—Michigan
top
§ 1952.260 Description of the plan as initially approved.
top
(a) The plan identifies the Michigan Department of Labor and the Department of Public Health as the
agencies to be responsible for administering the plan throughout the State. The Department of Labor will be
responsible for promulgating and enforcing general safety and construction safety standards while the
Department of Public Health will be responsible for the promulgation and enforcement of occupational health
standards. Two independent commissions within the Department of Labor, the Construction Safety
Commission and the Occupational Safety Standards Commission will promulgate general and construction
safety standards while the Director of Public Health will promulgate health standards. Applications for
variances to standards will be handled by the two Departments. Administrative adjudications will be the
responsibility of the Occupational Safety Compliance and Appeals Board, the Construction Safety
Compliance and Appeals Board, and the Occupational Health Review Commission.
(b) The State program is expected to extend its protection to all employees in the State (including those
employed by it and its political subdivisions) except those employed by Federal agencies, maritime workers,
household domestic workers, and mine workers.
(c) The Plan provides that the State agencies will have full authority to administer and to enforce all laws,
rules and orders protecting employee safety and health in all places of employment in the State. It also
proposes procedures for providing prompt and effective standards for the protection of employees against
new and unforseen hazards, and for furnishing information to employees on hazards, precautions,
symptoms, and emergency treatment, and procedures for variances and the protection of employees from
hazards. It further, provides employer and employee representatives an opportunity to accompany
inspectors and call attention to possible violations before, during and after inspections, protection of
employees against discharge or discrimination in terms and conditions of employment, notice to employees
or their representatives when no compliance action is taken upon complaints, including informal review,
notice to employees of their protections and obligations, adequate safeguards to protect trade secrets,
prompt notice to employers and employees of alleged violations of standards and abatement requirements,
effective remedies against employers, and the right to review alleged violations, abatement periods, and
proposed penalties with opportunity for employee participation in the review proceeding, procedures for
prompt restraint or elimination of imminent danger conditions, provision for the issuance of cease operation
orders in cases where employers fail to comply with final orders for abatement, and provision for inspections
in response to complaints.
(d) The State intends to promulgate standards for all of the issues contained in 29 CFR parts 1910 and 1926
with the exception of Ship Repairing (§1910.13), Shipbuilding (§1910.14), Shipbreaking (§1910.15) and
Longshoring (§1910.16), which standards are to be as effective as Federal standards. Michigan had
originally not intended to promulgate a standard covering cooperage machinery comparable to 29 CFR
1910.214, but it has now provided assurances that it will promulgate such standard if the hazards covered
by the Federal cooperage standard are found to exist in Michigan. The State has already promulgated
standards as effective as subparts F, K, M, Q and S and the remaining subparts are to be covered by State
standards which are to be promulgated by June 1975.
(e) The Plan includes a statement of the Governor's support for the proposed legislation and a statement of
legal opinion that it will meet the requirements of the Occupational Safety and Health Act of 1970, and is
consistent with the Constitution and laws of Michigan. The Plan sets out goals and provides a timetable for
bringing it into full conformity with part 1902 of this title upon enactment of the proposed legislation by the
State legislature. A merit system of personnel administration will be used. In addition, health and safety
education and training programs are to be carried on for the benefit of employers and employees. The
Department of Labor will also be conducting a Safety Director Program wherein companies which are found
to have high injury incident rates will be assisted in developing safety programs.
[38 FR 27391, Oct. 3, 1973, as amended at 60 FR 20193, Apr. 25, 1995]
§ 1952.261 Developmental schedule.
top
(a) Enactment of the Michigan Occupational Safety and Health Act by December 1973.
(b) Promulgation of occupational safety and health standards as effective and comprehensive as those set
forth in chapter XVII of this title 29 of the Code of Federal Regulations by June 1975.
(c) Completion of the Michigan Compliance Manual within one year after passage of the state legislation.
(d) Promulgation of regulations similar to parts 1903, 1905, and 2200 of this title within one year after
passage of the state legislation.
(e) Promulgation of 29 CFR part 1904 as a State regulation, including any amendments to part 1904, within
one (1) year following passage of the proposed legislation.
(f) Development of a new coordination agreement between the Michigan Departments of Labor and Public
Health within three months following the passage of the proposed state legislation.
(g) Implementation of the state's public employee program within one year following passage of the
proposed legislation.
(h) Within three years of plan approval all developmental steps will be fully implemented.
This certification attests to structural completion, but does not render judgment on adequacy of performance.
[38 FR 27391, Oct. 3, 1973, as amended at 46 FR 3865, Jan. 16, 1981. Redesignated and amended at 60
FR 20193, Apr. 25, 1995]
§ 1952.262 Completion of developmental steps and certification.
top
(a) In accordance with §1952.263(a), the Michigan Occupational Safety and Health Act was enacted on
June 18, 1974 and is effective January 1, 1975. This legislation, Act 154 of Michigan Public Acts of 1974,
was submitted to the Assistant Secretary on June 19, 1974 and approved on February 21, 1975.
(b) In accordance with §1952.263(f) the Michigan Department of Labor and the Michigan Department of
Public Health have entered into a new interagency agreement on September 23, 1974. The agreement was
submitted to the Assistant Secretary on October 28, 1974, and approved on February 21, 1975.
(c) In accordance with the requirements of §1952.10, the Michigan State poster was approved by the
Assistant Secretary on September 22, 1975.
(d) In accordance with §1952.263(g) Michigan's public employee program was implemented with an
effective date of July 1, 1975, and approved by the Assistant Secretary on October 17, 1977.
(e) In accordance with §1952.263(d), Procedural Rules for the granting of Variances, Regulations for
Inspections and Investigations, Citations, and Proposed Penalties and Procedural Rules for the Board of
Health and Safety Compliance and Appeals, were approved by the Assistant Secretary on January 12,
1981.
(f) In accordance with prior commitments, the Michigan Occupational Safety and Health Act as amended by
Act 149 of the Public Acts of 1979, was approved by the Assistant Secretary on January 12, 1981.
(g) In accordance with §1952.263(c), Manuals for Compliance Operations of the Michigan Department of
Labor and Public Health were approved by the Assistant Secretary on January 13, 1981.
(h) In accordance with §1952.263(e), Rules for Recording and Reporting of Occupational Injuries and
Illnesses, were approved by the Assistant Secretary on January 13, 1981.
(i) In accordance with §1902.34 of this chapter, the Michigan occupational safety and health plan was
certified effective January 13, 1981 as having completed all developmental steps specified in the plan as
approved on September 24, 1973, on or before September 24, 1976.
[40 FR 8556, Feb. 28, 1975, as amended at 40 FR 44132, Sept. 25, 1975; 42 FR 57123, Nov. 1, 1977; 46
FR 3862, 3863, Jan. 16, 1981. Redesignated and amended at 60 FR 20193, Apr. 25, 1995]
§ 1952.263 Compliance staffing benchmarks.
top
Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, compliance staffing levels (“benchmarks”)
necessary for a “fully effective” enforcement program were required for each State operating an approved
State plan. In 1992, Michigan completed, in conjunction with OSHA, a reassessment of the levels initially
established in 1980 and proposed revised benchmarks of 56 safety and 45 health compliance officers. After
opportunity for public comment and service on the AFL-CIO, the Assistant Secretary approved these revised
staffing requirements on April 20, 1995.
[60 FR 20193, Apr. 25, 1995]
§ 1952.264 [Reserved]
top
§ 1952.265 Level of Federal enforcement.
top
Pursuant to §§1902.20(b)(1)(iii) and 1954.3 of this chapter under which an agreement has been entered into
with Michigan, effective January 6, 1977, and based on a determination that Michigan is operational in the
issues covered by the Michigan occupational safety and health plan, discretionary Federal enforcement
activity under section 18(e) of the Act (29 U.S.C. 667(e)) will not be initiated with regard to Federal
occupational safety and health standards in issues covered under 29 CFR Parts 1910 and 1926, except as
provided in this section. The U.S. Department of Labor will continue to exercise authority, among other
things, with regard to: Complaints filed with the U.S. Department of Labor about violations of the
discrimination provisions of section 11(c) of the Act (29 U.S.C. 660(c)); Federal standards promulgated
subsequent to the agreement where necessary to protect employees, as in the case of temporary
emergency standards promulgated under section 6(c) of the Act (29 U.S.C. 655(c)), in the issues covered
under the plan and the agreement until such time as Michigan shall have adopted equivalent standards in
accordance with subpart C of 29 CFR Part 1953; private sector maritime activities and will continue to
enforce all provisions of the Act, rules or orders, and all Federal standards, current or future, specifically
directed to maritime employment (29 CFR Part 1915, shipyard employment; Part 1917, marine terminals;
Part 1918, longshoring; Part 1919, gear certification) as well as provisions of general industry and
construction standards (29 CFR Parts 1910 and 1926) appropriate to hazards found in these employments;
which issues have been specifically excluded from coverage under the Michigan plan; and investigations
and inspections for the purpose of the evaluation of the Michigan plan under sections 18(e) and (f) of the Act
(29 U.S.C. 667(e) and (f)). Federal OSHA will also retain authority for coverage of Federal government
employers and employees; and of the U.S. Postal Service (USPS), including USPS employees, and contract
employees and contractor-operated facilities engaged in USPS mail operations; and of employers who own
or operate businesses located within the boundaries of Indian reservations who are enrolled members of
Indian tribes. (Non-Indian employers within the reservations and Indian employers outside the territorial
boundaries of Indian reservations remain subject to Michigan jurisdiction.). The OSHA Regional
Administrator will make a prompt recommendation for the resumption of the exercise of Federal enforcement
authority under section 18(e) of the Act (29 U.S.C. 667(e)) whenever, and to the degree, necessary to
assure occupational safety and health protection to employees in Michigan.
[65 FR 36626, June 9, 2000, as amended at 76 FR 63191, Oct. 12, 2011]
§ 1952.266 Where the plan may be inspected.
top
A copy of the principal documents comprising the plan may be inspected and copied during normal business
hours at the following locations:
Office of State Programs, Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health Administration, U.S.
Department of Labor, 230 S. Dearborn Street, 32nd Floor, Room 3244, Chicago, Illinois 60604;
Office of the Director, Michigan Department of Consumer and Industry Services, 4th Floor, Law
Building, 525 West Ottawa Street, Lansing, Michigan 48933 (Mailing address: P.O. Box 30004,
Lansing, Michigan 48909).
[65 FR 36626, June 9, 2000]
§ 1952.267 Changes to approved plans.
top
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Michigan's revised statutory
penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as
amended on November 5, 1990.
(2) [Reserved]
(b) [Reserved]
[59 FR 14556, Mar. 29, 1994. Redesignated at 60 FR 20193, Apr. 25, 1995]
Subpart U—Vermont
top
Source: 38 FR 28659, Oct. 16, 1973, unless otherwise noted.
§ 1952.270 Description of the plan.
top
(a) The State's program will be administered and enforced by the Department of Labor and Industry. Safety
standards are to be promulgated by the Commissioner of Labor and Industry while the Secretary of the
Agency of Human Services is to promulgate health standards. The Division of Industrial Hygiene, within the
Department of Labor and Industry, will then have the responsibility of inspecting workplaces for violations of
health standards. However, enforcement of the Vermont Occupational Safety and Health Act, including the
issuance of citations for all violations, rests with the Department of Labor and Industry. Administrative
adjudications will be the responsibility of an independent State Occupational Safety and Health Review
Board.
(b) The State program will protect all employees within the state including those employed by the State and
its political subdivisions. Public employees are to be granted the same protections as are afforded
employees in the private sector. Specific administrative procedures for implementing the plan within the
State agencies are to be drafted by the Vermont Agency of Administration.
(c) Vermont has adopted all Federal standards promulgated before December 31, 1972. Future permanent
Federal standards will be adopted by the state within one year after promulgation by the Secretary of Labor.
(d) The State enabling legislation became law on July 1, 1972. The Act sets forth the general authority and
scope for implementing the plan. The plan also contains proposed amendments to the Act which are
designed to bring the legislation into full conformity with section 18(c) of the Federal Act and part 1902. The
State has also adopted regulations patterned after 29 CFR parts 1903, 1904 and 1905.
(e) The Vermont Act and the regulations drafted pursuant to it provide procedures for prompt and effective
standards-setting for the protection of employees against new and unforeseen hazards and for furnishing
information to employees on hazards, precautions, symptoms, and emergency treatment; variances; the
giving to employer and employee representatives an opportunity to accompany inspectors and to call
attention to possible violations before, during, and after inspections; the protection of employees against
discharge or discrimination in terms or conditions of employments; notice to employees or their
representatives when no compliance action is taken upon complaints, including informal review; notice to
employees of their protections and obligations; adequate safeguards to protect trade secrets; prompt notice
to employers and employees of alleged violations of standards and abatement requirements; effective
sanctions against employers; the right to review alleged violations, abatement periods, and proposed
penalties with the opportunity for employee participation in the review proceedings; prompt restraint or
elimination of imminent danger conditions; and the development of a program to encourage voluntary
compliance by employers and employees.
(f) The plan includes a statement of the Governor's support of it and of the proposed amendments to its
legislation. It sets out goals and provides a timetable for bringing the plan into full conformity with part 1902.
Personnel hired under the state's merit system will carry out the program.
§ 1952.271 Where the plan may be inspected.
top
A copy of the principal documents comprising the plan may be inspected and copied during normal business
hours at the following locations:
Office of State Programs, Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health Administration, U.S.
Department of Labor, John F. Kennedy Federal Building, Room E–340, Boston, Massachusetts
02203; and
Office of the Commissioner, Vermont Department of Labor and Industry, National Life BuildingDrawer 20, 120 State Street, Montpelier, Vermont 05620–3401.
[65 FR 36626, June 9, 2000]
§ 1952.272 Level of Federal enforcement.
top
Pursuant to §§1902.20(b)(1)(iii) and 1954.3 of this chapter under which an agreement has been entered into
with Vermont, effective February 19, 1975, and based on a determination that Vermont is operational in
issues covered by the Vermont occupational safety and health plan, discretionary Federal enforcement
authority under section 18(e) of the Act (29 U.S.C. 667(e)) will not be initiated with regard to Federal
occupational safety and health standards in issues covered under 29 CFR Parts 1910 and 1926, except as
provided in this section. The U.S. Department of Labor will continue to exercise authority, among other
things, with regard to: Complaints filed with the U.S. Department of Labor about violations of the
discrimination provisions of section 11(c) of the Act (29 U.S.C. 660(c)); federal standards promulgated
subsequent to the agreement where necessary to protect employees, as in the case of temporary
emergency standards promulgated under section 6(c) of the Act (29 U.S.C. 665(c)), in the issues covered
under the plan and the agreement until such time as Vermont shall have adopted equivalent standards in
accordance with Subpart C of 29 CFR Part 1953; in private sector offshore maritime activities and will
continue to enforce all provisions of the Act, rules or orders, and all Federal standards, current or future,
specifically directed to maritime employment (29 CFR Part 1915, shipyard employment; Part 1917, marine
terminals; Part 1918, longshoring; Part 1919, gear certification) as well as provisions of general industry and
construction standards (29 CFR Parts 1910 and 1926) appropriate to hazards found in these employments,
as they relate to employment under the exclusive jurisdiction of the Federal government on the navigable
waters of the United States, including dry docks, graving docks, and marine railways; and investigations and
inspections for the purpose of the evaluation of the Vermont plan under sections 18(e) and (f) of the Act (29
U.S.C. 667(e) and (f)). Federal OSHA will also retain authority for coverage of Federal government
employers and employees; and of the U.S. Postal Service (USPS), including USPS employees, and contract
employees and contractor-operated facilities engaged in USPS mail operations. The OSHA Regional
Administrator will make a prompt recommendation for the resumption of the exercise of Federal enforcement
authority under Section 18(e) of the Act (29 U.S.C. 667(e)) whenever, and to the degree, necessary to
assure occupational safety and health protection to employees in Vermont.
[65 FR 36627, June 9, 2000]
§ 1952.273 Developmental schedule.
top
(a) Introduction and enactment of amendments to the Vermont Occupational Safety and Health Act in the
1974 session of the State legislature;
(b) Completion of the State's Compliance Manual;
(c) Drafting of rules governing the operation of the Occupational Safety and Health Review Board;
(d) Development of specific administrative procedures for implementing the occupational safety and health
program within the State agencies by January 1974;
(e) Development of the State's Voluntary Compliance Program for Employers and Employees by January
1974;
(f) Appointment of advisory committees for safety and health standards upon plan approval;
(g) Within three years of plan approval all developmental steps will be fully implemented.
§ 1952.274 Completion of developmental steps and certification.
top
(a) In accordance with §1952.273(a), amendments to the Vermont Occupational Safety and Health Act were
passed by the legislature and signed by the Governor on April 3, 1974.
(b) In accordance with §1952.273(c), rules governing the operation of the Occupational Safety and Health
Review Board have been adopted, under section 230 of the Vermont Act, effective January, 1974.
(c) In accordance with 29 CFR 1952.273(f), the Vermont Standards Advisory Council was established in
January 1974.
(d) In accordance with 29 CFR 1952.273(g), the following developmental steps have been implemented.
(1) The health and safety enforcement program in the State of Vermont including enforcement of the State's
occupational safety and health standards and regulations, was implemented on November 12, 1973.
(2) The Vermont Occupational Safety and Health Review Board has been in operation since October 1973,
under rules and regulations formally promulgated on February 4, 1974 and approved on December 16, 1974
(39 FR 44201, December 23, 1974).
(3) Recordkeeping and reporting requirements, as approved on October 1, 1973 (38 FR 28658), were
implemented for both the private and public sectors on November 12, 1973.
(4) Written procedures for coordination between Vermont's Division of Occupational Safety and Division of
Occupational Health were formulated in June 1975, and revised in September 1975.
(e) In accordance with the requirements of §1952.10 the Vermont Safety and Health Poster for private and
public employees as amended by the attachment informing the public of its right to complain about State
program administration, was approved by the Assistant Secretary on February 9, 1977.
(f) In accordance with 29 CFR 1952.273(b), the State has developed a Field Operations Manual which
defines the procedures and guidelines to be used by the Vermont compliance staff in carrying out the goals
of the program and other local government workplaces and which has been approved by the Assistant
Secretary on February 22, 1977.
(g) In accordance with 29 CFR 1952.273(d), the State has developed and implemented a State Agency
Program by July 1, 1974 and a Public Agency (local and municipal) Enforcement Program by November 12,
1973, which has been approved by the Assistant Secretary on February 22, 1977.
(h) In accordance with 29 CFR 1952.273(e), the State of Vermont has developed and implemented its
voluntary Compliance Program, including a training program for employers and employees, by February
1974, which has been approved by the Assistant Secretary as completion of developmental step on
February 22, 1977.
(i) In accordance with 29 CFR 1902.34, the Vermont occupational safety and health plan was certified,
effective as of the date of publication on March 4, 1977, as having completed all developmental steps
specified in the plan (as approved on October 1, 1973) on or before September 30, 1976.
[39 FR 44202, Dec. 23, 1974, as amended at 42 FR 2313, Jan. 11, 1977; 42 FR 9169, Feb. 15, 1977; 42 FR
10989, Feb. 25, 1977, 42 FR 12428, Mar. 4, 1977]
§ 1952.275 Changes to approved plans.
top
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Vermont's revised statutory
penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as
amended on November 5, 1990.
(2) [Reserved]
(b) [Reserved]
[59 FR 14556, Mar. 29, 1994]
Subpart V [Reserved]
top
Subpart W—Nevada
top
§ 1952.290 Description of the plan as initially approved.
top
(a) The Nevada Occupational Safety and Health program will be administered and enforced by the
Department of Occupational Safety and Health of the Nevada Industrial Commission. Administrative
adjudications of proposed penalties will be the responsibility of an independent five member review board
appointed by the Governor.
(b) The program will cover all activities of employees and places of private and public employment except
those involving Federal employment, highway motor vehicles, and railroads, subject to the exercise of
jurisdiction under other Federal safety and health programs. It requires employers of one or more employees
(including those employed by the State and its political subdivisions) to furnish them employment and a
place of employment which are free from recognized hazards that are causing or are likely to cause death or
serious physical harm, and to comply with all occupational safety and health standards promulgated or
issued by the agency. Moreover, all safety and health standards adopted by the United States Department
of Labor shall be deemed Nevada Occupational Safety and Health standards. The Plan also directs
employees to comply with all occupational safety and health standards and regulations that are applicable to
their own actions and conduct.
(c) The Plan includes procedures for providing prompt and effective standards for the protection of
employees against new and unforeseen hazards and for furnishing information to employees on hazards,
precautions, symptoms, and emergency treatment; and procedures for the issuance of variances. It provides
employer and employee representatives an opportunity to accompany inspectors and call attention to
possible violations, before, during, and after inspections; protection of employees against discharge or
discrimination in terms and conditions of employment; notice to employees or their representatives when no
compliance action is taken upon complaints, including informal review; notice to employees of their
protections and obligations; adequate safeguards to protect trade secrets; prompt notice to employers and
employees of alleged violations of standards and abatement requirements; effective remedies against
employers and the right to review alleged violations, abatement periods, and proposed penalties with
opportunity for employee participation in the review proceedings; procedures for prompt restraint or
elimination of imminent danger conditions, and procedures for inspection in response to complaints.
(d)(1) The Plan includes a legal opinion that it will meet the requirements of the Occupational Safety and
Health Act of 1970, and is consistent with the Constitution and laws of the State of Nevada.
(2) A merit system of personnel administration will be used.
(3) The Plan provides a program of education, training, and consultation for employers and employees.
(4) The Plan is supplemented by the inclusion of implementing legislation and letters dated July 26, August
10, and November 5, 1973, and a telegram dated December 5, 1973.
[39 FR 1009, Jan. 4, 1974, as amended at 39 FR 8613, Mar. 6, 1974]
§ 1952.291 Developmental schedule.
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The following is a summary of the major developmental steps provided by the plan:
(a) Training of enforcement personnel to be completed—July 1, 1974.
(b) Application of the program to State and local employees to take effect—July 1, 1974.
(c) Not less than two industrial hygiene experts shall participate in the program—July 1, 1975.
(d) Proposed amendments to the Nevada Occupational Safety and Health Act to have been adopted and to
take effect—July 1, 1975.
(e) System of recordkeeping and reporting fully developed and operational—January 1, 1977.
(f) Program to be fully implemented—January 1, 1977.
[39 FR 1009, Jan. 4, 1974. Redesignated at 52 FR 34383, Sept. 11, 1987]
§ 1952.292 Completion of developmental steps and certification.
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(a) A separate and autonomous on-site consultation program became effective on July 1, 1975, and was
approved by the Assistant Secretary on February 26, 1976.
(b) In accordance with §1952.293(c), as amended, the Nevada health program was submitted on December
3, 1976 and has been implemented.
(c) In accordance with the requirements of §1952.10, the Nevada poster for private employers was approved
by the Assistant Secretary on December 23, 1977.
(d) In accordance with §1952.293(a), initial training of Nevada personnel has been completed.
(e) Nevada began participation in the Bureau of Labor Statistics annual survey of occupational injuries and
illnesses on July 19, 1976.
(f) Standards identical to Federal standards promulgated through January 18, 1977 were adopted by the
State and approved by the Regional Administrator in a notice published in the Federal Register on July 26,
1977 (42 FR 38026).
(g) Regulations concerning the Rules of Occupational Safety and Health Recordkeeping Requirements were
submitted on September 16, 1976, revised effective January 9, 1981, and approved by the Assistant
Secretary on August 13, 1981.
(h) Regulations concerning the Rules of Procedures of Occupational Safety and Health Review
Commission; Rules of Practice for Variances; and Rules for Inspections, Citations, and Proposed Penalties
were submitted on June 24, 1975, revised effective January 9, 1981, and approved by the Assistant
Secretary on August 13, 1981.
(i) Regulations concerning the Public Employee Program were submitted on June 24, 1975, revised effective
February 15, 1979, and approved by the Assistant Secretary on August 13, 1981.
(j) In accordance with the requirements of §1952.10, the revised poster was submitted on April 7, 1980, and
approved by the Assistant Secretary on August 13, 1981.
(k) Amendments to the State's legislation were submitted on June 24, 1975 and July 1, 1977, became
effective on July 1, 1975 and July 1, 1977, and approved by the Assistant Secretary on August 13, 1981.
(l) The Nevada Field Operations Manual was submitted on June 24, 1975, revised to reflect those changes
made in the Federal Field Operations Manual through March, 1981, and approved by the Assistant
Secretary on August 13, 1981.
(m) In accordance with §1902.34 of this chapter, the Nevada occupational safety and health plan was
certified, effective August 13, 1981 as having completed all developmental steps specified in the plan as
approved on December 28, 1973, on or before January 1, 1977. This certification attests to structural
completion, but does not render judgment on adequacy of performance.
[41 FR 8955, Mar. 2, 1976, as amended at 42 FR 64627, Dec. 27, 1977; 46 FR 42844, 42846, Aug. 25,
1981. Redesignated at 52 FR 34383, Sept. 11, 1987]
§ 1952.293 Compliance staffing benchmarks.
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Under the terms of the 1978 Court Order in AFL-CIO v. Marshall compliance staffing levels (benchmarks)
necessary for a “fully effective” enforcement program were required to be established for each State
operating an approved State plan. In July 1986 Nevada, in conjunction with OSHA, completed a
reassessment of the levels initially established in 1980 and proposed revised compliance staffing
benchmarks of 11 safety and 5 health compliance officers. After opportunity for public comment and service
on the AFL-CIO, the Assistant Secretary approved these revised staffing requirements on September 2,
1987.
[52 FR 34383, Sept. 11, 1987]
§ 1952.294 Final approval determination.
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(a) In accordance with section 18(e) of the Act and procedures in 29 CFR Part 1902, and after determination
that the State met the “fully effective” compliance staffing benchmarks as revised in 1986 in response to a
court order in AFL-CIO v. Marshall, 570 F.2d 1030 (D.C. Cir 1978), and was satisfactorily providing reports
to OSHA through participation in the Federal-State Integrated Management Information System, the
Assistant Secretary evaluated actual operations under the Nevada State plan for a period of at least one
year following certification of completion of developmental steps. Based on an 18(e) Evaluation Report
covering the period July 1, 1995 through March 31, 1999, and after opportunity for public comment, the
Assistant Secretary determined that in operation the State of Nevada's occupational safety and health
program is at least as effective as the Federal program in providing safe and healthful employment and
places of employment and meets the criteria for final State plan approval in section 18(e) of the Act and
implementing regulations at 29 CFR Part 1902. Accordingly, the Nevada plan was granted final approval
and concurrent Federal enforcement authority was relinquished under section 18(e) of the Act effective April
18, 2000.
(b) Except as otherwise noted, the plan which has received final approval covers all activities of employers
and all places of employment in Nevada. The plan does not cover Federal government employers and
employees; any private sector maritime activities; employment on Indian land; any contractors or
subcontractors on any Federal establishment where the land is determined to be exclusive Federal
jurisdiction; and the U.S. Postal Service (USPS), including USPS employees, contract employees, and
contractor-operated facilities engaged in USPS mail operations.
(c) Nevada is required to maintain a State program which is at least as effective as operations under the
Federal program; to submit plan supplements in accordance with 29 CFR Part 1953; to allocate sufficient
safety and health enforcement staff to meet the benchmarks for State staffing established by the U.S.
Department of Labor, or any revisions to those benchmarks; and, to furnish such reports in such form as the
Assistant Secretary may from time to time require.
[65 FR 20742, Apr. 18, 2000, as amended at 65 FR 36627, June 9, 2000]
§ 1952.295 Level of Federal enforcement.
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(a) As a result of the Assistant Secretary's determination granting final approval to the Nevada State plan
under section 18(e) of the Act, effective April 18, 2000, occupational safety and health standards which have
been promulgated under section 6 of the Act do not apply with respect to issues covered under the Nevada
Plan. This determination also relinquishes concurrent Federal OSHA authority to issue citations for violations
of such standards under section 5(a)(2) and 9 of the Act; to conduct inspections and investigations under
section 8 (except those necessary to conduct evaluation of the plan under section 18(f) and other
inspections, investigations, or proceedings necessary to carry out Federal responsibilities not specifically
preempted by section 18(e)); to conduct enforcement proceedings in contested cases under section 10; to
institute proceedings to correct imminent dangers under section 13; and to propose civil penalties or initiate
criminal proceedings for violations of the Federal OSH Act under section 17. The Assistant Secretary retains
jurisdiction under the above provisions in any proceeding commenced under section 9 or 10 before the
effective date of the 18(e) determination.
(b)(1) In accordance with section 18(e), final approval relinquishes Federal OSHA authority only with regard
to occupational safety and health issues covered by the Nevada plan. OSHA retains full authority over
issues which are not subject to State enforcement under the plan. Thus, Federal OSHA retains its authority
relative to safety and health in private sector maritime activities and will continue to enforce all provisions of
the Act, rules or orders, and all Federal standards, current or future, specifically directed to any private
sector maritime activities (occupational safety and health standards comparable to 29 CFR Parts 1915,
shipyard employment; 1917, marine terminals; 1918, longshoring; and 1919, gear certification, as well as
provisions of general industry and construction standards (29 CFR Parts 1910 and 1926) appropriate to
hazards found in these employments), employment on Indian land, and any contractors or subcontractors on
any Federal establishment where the land is determined to be exclusive Federal jurisdiction. Federal
jurisdiction is also retained with respect to Federal government employers and employees. Federal OSHA
will also retain authority for coverage of the U.S. Postal Service (USPS), including USPS employees,
contract employees, and contractor-operated facilities engaged in USPS mail operations.
(2) In addition, any hazard, industry, geographical area, operation or facility over which the State is unable to
effectively exercise jurisdiction for reasons which OSHA determines are not related to the required
performance or structure of the plan shall be deemed to be an issue not covered by the State plan which
has received final approval, and shall be subject to Federal enforcement. Where enforcement jurisdiction is
shared between Federal and State authorities for a particular area, project, or facility, in the interest of
administrative practicability Federal jurisdiction may be assumed over the entire project or facility. In any of
the aforementioned circumstances, Federal enforcement authority may be exercised after consultation with
the State designated agency.
(c) Federal authority under provisions of the Act not listed in section 18(e) is unaffected by final approval of
the Nevada State plan. Thus, for example, the Assistant Secretary retains his authority under section 11(c)
of the Act with regard to complaints alleging discrimination against employees because of the exercise of
any right afforded to the employee by the Act, although such complaints may be referred to the State for
investigation. The Assistant Secretary also retains his authority under section 6 of the Act to promulgate,
modify or revoke occupational safety and health standards which address the working conditions of all
employees, including those in States which have received an affirmative 18(e) determination, although such
standards may not be Federally applied. In the event that the State's 18(e) status is subsequently withdrawn
and Federal authority reinstated, all Federal standards, including any standards promulgated or modified
during the 18(e) period, would be Federally enforceable in that State.
(d) As required by section 18(f) of the Act, OSHA will continue to monitor the operations of the Nevada State
program to assure that the provisions of the State plan are substantially complied with and that the program
remains at least as effective as the Federal program. Failure by the State to comply with its obligations may
result in the suspension or revocation of the final approval determination under Section 18(e), resumption of
Federal enforcement, and/or proceedings for withdrawal of plan approval.
[65 FR 20742, Apr. 18, 2000, as amended at 65 FR 36627, June 9, 2000]
§ 1952.296 Where the plan may be inspected.
top
A copy of the principal documents comprising the plan may be inspected and copied during normal business
hours at the following locations: Office of State Programs, Directorate of Federal-State Operations,
Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue NW,
Room N3700, Washington, DC 20210; Office of the Regional Administrator, Occupational Safety and Health
Administration, Room 415, 71 Stevenson Street, San Francisco, California 94105; Office of the State
Designee, Administrator, Nevada Division of Industrial Relations, 400 West King Street, Suite 400, Carson
City, Nevada 89703.
[65 FR 20743, Apr. 18, 2000]
§ 1952.297 Changes to approved plans.
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(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Nevada's revised statutory penalty
levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as
amended on November 5, 1990.
(2) [Reserved]
(b) Notices of violation. The State submitted a procedure for issuing notices of violation in lieu of citations for
certain other than serious violations which the employer agrees to abate. The procedure as modified was
approved by the Assistant Secretary on August 24, 1995.
(c) Legislation. The State submitted amendments to its Occupational Safety and Health Act, enacted in
1981, which: provide for notices of violation in lieu of citations for certain other than serious violations; delete
the authority for temporary variances for other than new standards; allow the Nevada Occupational Safety
and Health Appeals Board to employ legal counsel; allow penalty collection actions to be brought in any
court of competent jurisdiction; and ensure confidentiality to employees making statements to the Division of
Occupational Safety and Health. Further amendments, enacted in 1989: require the maintenance of specific
logs relating to complaints; provide public access to records on complaints, except for confidential
information; provide confidentiality for those employees who file complaints or make statements, as well as
for files relating to open cases; allow representatives of employees and former employees access to any
records which indicate their exposure to toxic materials or harmful physical agents; define representative of
employees or former employees; allow health care providers and government employees in the field of
public safety, to file complaints; allow for oral complaints; require the division to respond to valid complaints
of serious violations immediately and of other violations within 14 days; provide that an employee who
accompanies a compliance officer on the inspection is entitled to be paid for the time spent, but that only
one employee may accompany the compliance officer during the inspection; allow the Administrator of the
Division of Occupational Safety and Health to issue an emergency order to restrain an imminent danger
situation; and, double maximum authorized penalty levels. Amendments enacted in 1993 reflect the new
State organizational structural by designating the previous Divisions as sections in the Division of Industrial
Relations of the Department of Business and Industry. The Assistant Secretary approved these
amendments on August 24, 1995.
(d) Field Operations Manual. The State's Field Operations Manual, comparable to the Federal Field
Operations Manual, through Change 4, was approved by the Assistant Secretary on August 24, 1995.
(e) Consultation Manual. The State's Training and Consultation Section Policies and Procedures Manual
was approved by the Assistant Secretary on August 24, 1995.
(f) Occupational Safety and Health Administration Technical Manual. The State's adoption of the Federal
OSHA Technical Manual, through Change 3, with a cover sheet adapting Federal references to the State's
administrative structure, was approved by the Assistant Secretary on August 24, 1995.
(g) Pre-construction conferences. A State regulations requiring pre-construction conferences with the
Division of Industrial Relations for certain types of construction projects was approved by the Assistant
Secretary on August 24, 1995.
(h) Reorganized Plan. The reorganization of the Nevada plan was approved by the Assistant Secretary on
August 24, 1995.
[59 FR 14556, Mar. 29, 1994, as amended at 60 FR 43972, Aug. 24, 1995]
Subpart X [Reserved]
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Subpart Y—Hawaii
top
§ 1952.310 Description of the plan as initially approved.
top
(a) The plan designates the Department of Labor and Industrial Relations as the agency responsible for
administering the plan throughout the State. It proposes to define the occupational safety and health issues
covered by it as defined by the Secretary of Labor in 29 CFR 1902.2(c)(1). All occupational safety and
health standards promulgated by the U.S. Secretary of Labor will be adopted under the plan as well as
certain standards deemed to be “as effective as” the Federal standards, except those found in 29 CFR parts
1915, 1916, 1917, and 1918 (ship repairing, shipbuilding, shipbreaking and longshoring).
(b) Within the plan there is the Hawaii Occupational Safety and Health Law which became law on May 16,
1972. The law as enacted gives the Department of Labor and Industrial Relations the authority to inspect
workplaces and to issue citations for the abatement of violations and there is also included a prohibition
against advance notice of such inspections. The law is also intended to insure employer and employee
representatives an opportunity to accompany inspectors and to call attention to possible violations;
notification of employees or their representatives when no compliance action is taken as a result of alleged
violations; protection of employees against discharge or discrimination in terms and conditions of
employment; adequate safeguards to protect trade secrets. There is provision made for the prompt restraint
of imminent danger situations and a system of penalties for violation of the law.
(c) The plan also includes proposed amendments to be considered by the Hawaii Legislature during its 1974
session amending the Occupational Safety and Health Law, and related provisions, to bring them into
conformity with the requirements of part 1902.
(d) The Hawaii plan includes the following documents as of the date of approval:
(1) The plan description documents, including the Hawaii Occupational Safety and Health Law, the proposed
amendments to the Law and appendices in three (3) volumes;
(2) Letter from Robert K. Hasegawa, Director of the Department of Labor and Industrial Relations, to Jay
Arnoldus, Project Officer, Office of Federal and State Operations, December 10, 1973, submitting
clarifications to the plan.
(3) Letters from Robert C. Gilkey, Deputy Director of the Department of Labor and Industrial Relations, to
Jay Arnoldus, December 3, 1973 and December 4, 1973 submitting clarifications and deletion to the plan.
(4) Letters from Robert K. Hasegawa to Gabriel Gillotti, Assistant Regional Director, January 30, 1973, and
June 28, 1973.
(5) Letter from Robert A. Gilkey to John H. Stender, Assistant Secretary of Labor, October 30, 1973.
(6) Letters from Robert K. Hasegawa to John H. Stender, Assistant Secretary of Labor, November 7, 1973
and September 14, 1973 submitting proposed legislative amendments and modifications and clarifications to
the plan.
[39 FR 1012, Jan. 4, 1974, as amended at 49 FR 19192, May 4, 1984]
§ 1952.311 Developmental schedule.
top
(a) Introduction of Legislative amendments to State Legislature January 1974.
(b) Hearings on standards promulgation March 1974.
(c) Implementation of the Management Information System by December 1975.
(d) Complete implementation of the occupational health program by July 1975.
(e) Complete State plan implementation December 1976.
[39 FR 1013, Jan. 4, 1974. Redesignated and amended at 39 FR 44752, Dec. 27, 1974; 40 FR 28792, July
9, 1975. Further redesignated at 49 FR 19192, May 4, 1984]
§ 1952.312 Completion of developmental steps and certification.
top
(a) In accordance with §1952.313(i), specific Legislative amendments were enacted by the State Legislature
and signed by the Acting Governor on June 7, 1974, and amended by Act 95 of the 1976 Hawaii Legislative
Session.
(b) In accordance with §1952.313(d), as amended, the Hawaii Occupational Health Plan was submitted to
the Assistant Secretary on April 16, 1974, and approved on December 20, 1974, incorporating assurances
from the State, by letter dated November 19, 1974.
(c) In accordance with §1952.313(b), as amended, the Hawaii occupational safety and health standards
were promulgated on April 18, 22, 23, 24, and 25, 1975.
(d) In accordance with the requirements of 29 CFR 1952.10, the Hawaii State poster was approved by the
Assistant Secretary on February 4, 1975.
(e) In accordance with 29 CFR 1952.313(d), as amended, the Hawaii occupational health program was
implemented on July 1, 1975.
(f) The Rules of Procedure of the Hawaii Division of Occupational Safety and Health were promulgated in
September, 1972, and revised in January, 1974. These rules include: Regulations on inspections, citations,
and proposed penalties (chapter 102); regulations for recording and reporting occupational injuries and
illnesses (chapter 103); rules of practice for variances (chapter 104); regulations concerning administration
witnesses and documents in private litigation (chapter 105); and regulations for promulgating, modifying, or
revoking occupational safety and health standards (chapter 106).
(g) In accordance with 29 CFR 1952.313(c), as amended, the Hawaii Management Information System was
completed and in operation by December 31, 1975.
(h) In accordance with §1902.34 of this chapter, the Hawaii occupational safety and health plan was
certified, effective April 26, 1978 as having completed all developmental steps specified in the plan as
approved on December 28, 1973, on or before December 31, 1976.
[39 FR 44203, Dec. 23, 1974, as amended at 39 FR 44752, Dec. 27, 1974; 40 FR 6336, Feb. 11, 1975; 41
FR 26218, June 25, 1976; 43 FR 5821, Feb. 10, 1978; 43 FR 19851, May 9, 1978. Redesignated at 49 FR
19192, May 4, 1984]
§ 1952.313 Final approval determination.
top
(a) In accordance with section 18(e) of the Act and procedures in 29 CFR part 1902, and after a
determination that the State met the “fully effective” compliance staffing benchmarks established in response
to a Court Order in AFL-CIO v. Marshall, (CA 74–406), and was satisfactorily providing reports to OSHA
through participation in the Federal-State Unified Management Information System, the Assistant Secretary
evaluated actual operations under the Hawaii State plan for a period of at least one year following
certification of completion of developmental steps (May 9, 1978, 43 FR 19849). Based on the Evaluation
Report for FY 1982 and available FY 1983 data, and after opportunity for public comment and an informal
public hearing held on October 27, 1983, in Honolulu, Hawaii, the Assistant Secretary determined that in
actual operations, Hawaii is at least as effective as the Federal program in providing safe and healthful
employment and places of employment and meets the criteria for final State plan approval in section 18(e) of
the Act and implementing regulations at 29 CFR part 1902. Accordingly, the Hawaii plan was granted final
approval and concurrent Federal enforcement authority was relinquished under section 18(e) of the Act
effective April 30, 1984.
(b) Except as otherwise noted, the plan which has received final approval covers all activities of employers
and all places of employment in Hawaii. The plan does not cover maritime employment in the private sector;
Federal government employers and employees; enforcement relating to any contractors or subcontractors
on any Federal establishment where the land is determined to be exclusive Federal jurisdiction; the U.S.
Postal Service (USPS), including USPS employees, and contract employees and contractor-operated
facilities engaged in USPS mail operations; and private sector employers on military installations.
(c) Hawaii is required: To maintain a State program which is at least as effective as operations under the
Federal program; to submit plan supplements in accordance with 29 CFR part 1953; to allocate sufficient
safety and health enforcement staff to meet the benchmarks for State staffing established by the U.S.
Department of Labor, or any revisions to those benchmarks; and, to furnish such reports in such form as the
Assistant Secretary may from time to time require.
[49 FR 19192, May 4, 1984, as amended at 65 FR 36627, June 9, 2000; 76 FR 63190, Oct. 12, 2011]
§ 1952.314 Level of Federal enforcement.
top
(a) As a result of the Assistant Secretary's determination granting final approval to the Hawaii plan under
section 18(e) of the Act, effective April 30, 1984, occupational safety and health standards which have been
promulgated under section 6 of the Act do not apply with respect to issues covered under the Hawaii plan.
This determination also relinquishes concurrent Federal OSHA authority to issue citations for violation of
such standards under sections 5(a)(2) and 9 of the Act; to conduct inspections and investigations under
section 8 (except those necessary to conduct evaluation of the plan under section 18(f), and other
inspections, investigations or proceedings necessary to carry out Federal responsibilities not specifically
preempted by section 18(e)); to conduct enforcement proceedings in contested cases under section 10; to
institute proceedings to correct imminent dangers under section 13; and to propose civil penalties or initiate
criminal proceedings for violations of the Federal Act under section 17. The Assistant Secretary may retain
jurisdiction under the above provisions in any proceeding commenced under section 9 or 10 before the
effective date of the 18(e) determination.
(b) In accordance with section 18(e), final approval relinquishes Federal OSHA authority only with regard to
occupational safety and health issues covered by the Hawaii plan. OSHA retains full authority over issues
which are not subject to State enforcement under the plan. Thus, Federal OSHA retains its authority relative
to safety and health in private sector maritime activities and will continue to enforce all provisions of the Act,
rules or orders, and all Federal standards, current or future, specifically directed to maritime employment (29
CFR Part 1915, shipyard employment; Part 1917, marine terminals; Part 1918, longshoring; Part 1919, gear
certification) as well as provisions of general industry and construction standards (29 CFR Parts 1910 and
1926) appropriate to hazards found in these employments. Federal jurisdiction also remains in effect with
respect to Federal government employers and employees, enforcement relating to any contractors or
subcontractors on any Federal establishment where the land is determined to be exclusive Federal
jurisdiction; the U.S. Postal Service (USPS), including USPS employees, and contract employees and
contractor-operated facilities engaged in USPS mail operations; and private sector employers on military
installations.
(c) Federal authority under provisions of the Act not listed in section 18(e) is unaffected by final approval of
the plan. Thus, for example, the Assistant Secretary retains his authority under section 11(c) of the Act with
regard to complaints alleging discrimination against employees because of the exercise of any right afforded
to the employee by the Act. The Assistant Secretary also retains his authority under section 6 of the Act to
promulgate, modify or revoke occupational safety and health standards which address the working
conditions of all employees, including those in States which have received an affirmative 18(e)
determination, although such standards may not be Federally applied. In the event that the State's 18(e)
status is subsequently withdrawn and Federal authority reinstated, all Federal standards, including any
standards promulgated or modified during the 18(e) period, would be Federally enforceable in that State.
(d) As required by section 18(f) of the Act, OSHA will continue to monitor the operations of the Hawaii State
program to assure that the provisions of the State plan are substantially complied with and that the program
remains at least as effective as the Federal program. Failure by the State to comply with its obligations may
result in the revocation of the final determination under section 18(e), resumption of Federal enforcement,
and/or proceedings for withdrawal of plan approval.
[49 FR 19192, May 4, 1984, as amended at 65 FR 36627, June 9, 2000; 76 FR 63190, Oct. 12, 2011]
§ 1952.315 Where the plan may be inspected.
top
A copy of the principal documents comprising the plan may be inspected and copied during normal business
hours at the following locations:
Office of State Programs, Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health Administration, U.S.
Department of Labor, 71 Stevenson Street, 4th Floor, San Francisco, California 94105; and
Office of the Director, Hawaii Department of Labor and Industrial Relations, 830 Punchbowl
Street, Honolulu, Hawaii 96831.
[65 FR 36628, June 9, 2000]
§ 1952.316 Changes to approved plans.
top
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Hawaii's revised statutory penalty
levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as
amended on November 5, 1990.
(2) [Reserved]
(b)(1) Regulations. The State's regulation on the Division of Occupational Safety and Health's Access to
Employee Medical Records, and amendments to State regulations covering the Labor and Industrial
Relations Appeals Board; General Provisions and Definitions; Recording and Reporting Occupational
Injuries and Illnesses; Inspections, Citations, and Proposed Penalties; and Variances, promulgated by the
State through March 22, 1991, were approved by the Assistant Secretary on February 20, 1995.
(2) [Reserved]
(c) Legislation. (1) An amendment to the Hawaii Occupational Safety and Health Law, enacted in 1987,
which expands the type of information that is protected from disclosure in any discovery or civil action arising
out of enforcement or administration of the law, was approved by the Assistant Secretary on February 20,
1995.
(2) [Reserved]
(d) Consultation Manual. The State's Consultation Policies and Procedures Manual was approved by the
Assistant Secretary on February 20, 1995.
(e) Occupational Safety and Health Administration Technical Manual. The State's adoption of the Federal
OSHA Technical Manual, through Change 1, was approved by the Assistant Secretary on February 20,
1995.
(f) Reorganized Plan. The reorganization of the Hawaii plan was approved by the Assistant Secretary on
February 20, 1995.
[59 FR 14556, Mar. 29, 1994 as amended at 60 FR 12419, Mar. 7, 1995]
Subpart Z—Indiana
top
§ 1952.320 Description of the plan as initially approved.
top
(a)(1) The plan identifies the Indiana Division of Labor as the State agency designated to implement and
carry out the State plan. Within this structure, the Occupational Safety Standards Commission has the
responsibility to adopt standards and dispose of variance applications; the Commissioner of Labor is
charged with the administration and enforcement of the Act; and the Board of Safety Review is to conduct
and decide contested cases. The State Board of Health, Industrial Hygiene Division, pursuant to an
agreement with the Division of Labor will provide laboratory services and will conduct occupational health
inspections as scheduled by the Division of Labor.
(2) The plan defines the covered occupational safety and health issues as defined by the Secretary of Labor
in 29 CFR 1902.2(c)(1). Further, Indiana has adopted all Federal safety and health standards contained in
29 CFR parts 1910 and 1926. The State program is to extend its protection to all employees in the State
including those employed by it and its political subdivisions.
(b) The plan includes existing enabling legislation and the Indiana Occupational Safety and Health Act (IC
1971, 22–8–1.1 et seq. ) as well as amendments to this Act which were passed and became effective on
May 1, 1973. Under the Act as amended the Division of Labor has authority to administer and enforce the
provisions of the State plan.
(c) The legislation provides procedures for the promulgation of standards; furnishing information to
employees on hazardous and toxic substances; and procedures for granting temporary and permanent
variances. The law also contains procedures for inspections including inspections in response to complaints;
ensures employer and employee representatives an opportunity to accompany inspectors and to call
attention to possible violations before, during and after inspections; protection of employees against
discharge or discrimination in terms or conditions of employment through court suits brought by the Attorney
General at the request of the Commissioner; notice to employees of their protections and obligations under
the State law; prompt restraint of imminent danger situations; safeguard to protect trade secrets; prompt
notice to employers and employees of alleged violations of standards and abatement requirements; effective
sanctions against employers; and employer right to review of alleged violations, abatement periods, and
proposed penalties with an opportunity for employee participation and employee right of review of such
abatement periods.
(d) The plan also contains a voluntary compliance program. The State will conduct seminars, conferences
and meetings designed for management, supervisory personnel, employees and union representatives to
transmit information about its safety and health program. These programs are specifically designed to cover
the following areas: general industrial safety, construction safety, first aid instruction, supervisory safety
training, hazard recognition, Indiana occupational health and safety laws, federal occupational safety and
health laws, State health and safety standards, injury and illness reporting procedures requirements, rights
and obligations to employers and employees, enforcement programs. On-site consultation services will be
available for employers upon request as part of the developmental plan.
(e) Also included in the plan are proposed budgets to be devoted to it as well as descriptions of the job
classifications and personnel who will be carrying out the program. Further, the plan sets out goals and
provides a timetable for bringing it into full conformity with 29 CFR part 1902.
[39 FR 8612, Mar. 6, 1974, as amended at 51 FR 2488, Jan. 17, 1986]
§ 1952.321 Developmental schedule.
top
(a) Proposed legislative amendments to be introduced in the 1974 session of the State legislature;
(b) Refresher Course for inspectors will be completed by September 1, 1974;
(c) A full complement of 69 inspectors will be hired by the end of the first year of plan operation; the State
will add 10 inspectors for each of the two succeeding years;
(d) Development of a State employee safety program within nine months following plan approval;
(e) Establishment of the rules of procedure for on-site consultations within nine months following plan
approval;
(f) Within three years of plan approval all developmental steps will be fully implemented.
[39 FR 8612, Mar. 6, 1974. Redesignated at 51 FR 2488, Jan. 17, 1986]
§ 1952.322 Completion of developmental steps and certification.
top
(a) In accordance with the requirements of §1952.10, the Indiana poster was approved for use until Federal
enforcement authority and standards become inapplicable to issues covered under the plan, by the
Assistant Secretary on March 2, 1976.
(b) In accordance with 29 CFR 1952.323(a), Indiana amended the Indiana Occupational Safety and Health
Act (I.C. 22–8–1.1) in 1975, 1977, and 1978. These amendments were approved by the Assistant Secretary
on September 24, 1981.
(c) In accordance with 29 CFR 1952.323(b), Indiana submitted documentation outlining training and
refresher courses for its compliance staff on May 19, 1975 and May 4, 1981. This supplement was approved
by the Assistant Secretary on September 24, 1981.
(d) In accordance with 29 CFR 1952.323(c), Indiana submitted documentation on May 4, 1981, showing that
it has substantially met its compliance staffing commitments by providing for 14 health and 70 safety
compliance officers. This supplement was approved by the Assistant Secretary on September 24, 1981.
(e) In accordance with 29 CFR 1952.323(d), Indiana developed an occupational safety and health program
for public employees on August 25, 1975, and resubmitted a revised program with implementing regulations
on September 5, 1981. These were approved by the Assistant Secretary on September 24, 1981.
(f) In accordance with 29 CFR 1952.323(e), Indiana promulgated rules for on-site consultation on March 7,
1975, which were amended on September 5, 1981. These regulations were approved by the Assistant
Secretary on September 24, 1981.
(g) Indiana submitted its compliance operations manual on August 7, 1975, which was subsequently revised
in 1978 and again on June 4, 1980. The State submitted a revised Industrial Hygiene manual on July 15,
1981. These manuals, which reflect changes in the Federal program through 1980 were approved by the
Assistant Secretary on September 24, 1981.
(h) Indiana promulgated regulations for inspections, safety orders, and proposed penalties parallel to 29
CFR part 1903 on January 18, 1977 with amendments dated July 29, 1977 and September 5, 1981. These
regulations were approved by the Assistant Secretary on September 24, 1981.
(i) Indiana promulgated regulations for recordkeeping and reporting of occupational injuries and illnesses
parallel to 29 CFR part 1904 on January 18, 1977, which were amended on September 10, 1979. The State
also revised its recordkeeping and reporting provisions for the public sector on September 5, 1981. These
regulations were approved by the Assistant Secretary on September 24, 1981.
(j) Indiana promulgated rules for variances, limitations, variations, tolerances, and exemptions, parallel to 29
CFR part 1905 on December 17, 1976, which were revised June 3, 1977 and September 5, 1981. These
regulations were approved by the Assistant Secretary on September 24, 1981.
(k) Indiana adopted rules of procedure for the Board of Safety Review on September 19, 1976, which were
subsequently amended on September 5, 1981. These regulations were approved by the Assistant Secretary
on September 24, 1981.
(l) Indiana deleted coverage of the maritime and longshoring issues from its plan on June 9, 1981. This
supplement was approved by the Assistant Secretary on September 24, 1981.
(m) Indiana submitted documentation on establishment of its Management Information System on May 20,
1974. This supplement was approved by the Assistant Secretary on September 24, 1981.
(n) In accordance with §1902.34 of this chapter, the Indiana occupational safety and health plan was
certified, effective October 16, 1981 as having completed all developmental steps specified in the plan as
approved on February 25, 1974 on or before February 25, 1977. This certification attests to structural
completion, but does not render judgment on adequacy of performance.
[46 FR 49119, 49121, Oct. 6, 1981; 47 FR 28918, July 2, 1982. Redesignated at 51 FR 2488, Jan. 17, 1986]
§ 1952.323 Compliance staffing benchmarks.
top
Under the terms of the 1978 Court Order in AFL-CIO v. Marshall compliance staffing levels (benchmarks)
necessary for a “fully effective” enforcement program were required to be established for each State
operating an approved State plan. In September 1984 Indiana, in conjunction with OSHA, completed a
reassessment of the levels initially established in 1980 and proposed revised compliance staffing
benchmarks of 47 safety and 23 health compliance officers. After opportunity for public comment and
service on the AFL-CIO, the Assistant Secretary approved these revised staffing requirements on January
17, 1986.
[51 FR 2488, Jan. 17, 1986]
§ 1952.324 Final approval determination.
top
(a) In accordance with section 18(e) of the Act and procedures in 29 CFR part 1902, and after determination
that the State met the “fully effective” compliance staffing benchmarks as revised in 1986 in response to a
Court Order in AFL-CIO v. Marshall (CA 74–406), and was satisfactorily providing reports to OSHA through
participation in the Federal-State Integrated Management Information System, the Assistant Secretary
evaluated actual operations under the Indiana State plan for a period of at least one year following
certification of completion of developmental steps (46 FR 49119). Based on the 18(e) Evaluation Report for
the period of March 1984 through December 1985, and after opportunity for public comment, the Assistant
Secretary determined that in operation the State of Indiana's occupational safety and health program is at
least as effective as the Federal program in providing safe and healthful employment and places of
employment and meets the criteria for final State plan approval in section 18(e) of the Act and implementing
regulations at 29 CFR part 1902. Accordingly, the Indiana plan was granted final approval, and concurrent
Federal enforcement authority was relinquished under section 18(e) of the Act effective September 26,
1986.
(b) Except as otherwise noted, the plan which has received final approval covers all activities of employers
and all places of employment in Indiana. The plan does not cover maritime employment in the private sector;
Federal government employers and employees; the U.S. Postal Service (USPS), including USPS
employees, and contract employees and contractor-operated facilities engaged in USPS mail operations;
the enforcement of the field sanitation standard, 29 CFR 1928.110, and the enforcement of the temporary
labor camps standard, 29 CFR 1910.142, with respect to any agricultural establishment where employees
are engaged in “agricultural employment” within the meaning of the Migrant and Seasonal Agricultural
Worker Protection Act, 29 U.S.C. 1802(3), regardless of the number of employees, including employees
engaged in hand packing of produce into containers, whether done on the ground, on a moving machine, or
in a temporary packing shed, except that Indiana retains enforcement responsibility over agricultural
temporary labor camps for employees engaged in egg, poultry, or red meat production, or the post-harvest
processing of agricultural or horticultural commodities.
(c) Indiana is required to maintain a State program which is at least as effective as operations under the
Federal program; to submit plan supplements in accordance with 29 CFR part 1953; to allocate sufficient
safety and health enforcement staff to meet the benchmarks for State staffing established by the U.S.
Department of Labor, or any revisions to those benchmarks; and, to furnish such reports in such form as the
Assistant Secretary may from time to time require.
[51 FR 34215, Sept. 26, 1986, as amended at 62 FR 2564, Jan. 17, 1997; 65 FR 36628, June 9, 2000]
§ 1952.325 Level of Federal enforcement.
top
(a) As a result of the Assistant Secretary's determination granting final approval to the Indiana plan under
section 18(e) of the Act, effective September 26, 1986, occupational safety and health standards which have
been promulgated under section 6 of the Act do not apply with respect to issues covered under the Indiana
plan. This determination also relinquishes concurrent Federal OSHA authority to issue citations for violations
of such standards under sections 5 (a)(2) and 9 of the Act; to conduct inspections and investigations under
section 8 (except those necessary to conduct evaluation of the plan under section 18(f) and other
inspections, investigations, or proceedings necessary to carry out Federal responsibilities not specifically
preempted by section 18(e)); to conduct enforcement proceedings in contested cases under section 10; to
institute proceedings to correct imminent dangers under section 13; and to propose civil penalties or initiate
criminal proceedings for violations of the Federal Act under section 17. The Assistant Secretary retains
jurisdiction under the above provisions in any proceeding commenced under section 9 or 10 before the
effective date of the 18(e) determination.
(b)(1) In accordance with section 18(e), final approval relinquishes Federal OSHA authority only with regard
to occupational safety and health issues covered by the Indiana plan. OSHA retains full authority over issues
which are not subject to State enforcement under the plan. Thus, Federal OSHA retains its authority relative
to safety and health in private sector maritime activities and will continue to enforce all provisions of the Act,
rules or orders, and all Federal standards, current or future, specifically directed to maritime employment (29
CFR Part 1915, shipyard employment; Part 1917, marine terminals; Part 1918, longshoring; Part 1919, gear
certification), as well as provisions of general industry and construction standards (29 CFR Parts 1910 and
1926) appropriate to hazards found in these employments. Federal jurisdiction is retained and exercised by
the Employment Standards Administration, U.S. Department of Labor, (Secretary's Order 5–96, dated
December 27, 1996) with respect to the field sanitation standard, 29 CFR 1928.110, and the enforcement of
the temporary labor camps standard, 29 CFR 1910.142, in agriculture, as described in §1952.324(b).
Federal jurisdiction is also retained with respect to Federal government employers and employees, and the
U.S. Postal Service (USPS), including USPS employees, and contract employees and contractor-operated
facilities engaged in USPS mail operations.
(2) In addition, any hazard, industry, geographical area, operation or facility over which the State is unable to
effectively exercise jurisdiction for reasons not related to the required performance or structure of the plan
shall be deemed to be an issue not covered by the plan which has received final approval and shall be
subject to Federal enforcement. Where enforcement jurisdiction is shared between Federal and State
authorities for a particular area, project, or facility, in the interest of administrative practicability Federal
jurisdiction may be assumed over the entire project or facility. In either of the two aforementioned
circumstances, Federal enforcement may be exercised immediately upon agreement between Federal
OSHA and the State designated agency.
(c) Federal authority under provisions of the Act not listed in section 18(e) is unaffected by final approval of
the plan. Thus, for example, the Assistant Secretary retains his authority under section 11(c) of the Act with
regard to complaints alleging discrimination against employees because of the exercise of any right afforded
to the employee by the Act, although such complaints may be referred to the State for investigation. The
Assistant Secretary also retains his authority under section 6 of the Act to promulgate, modify or revoke
occupational safety and health standards which address the working conditions of all employees, including
those in States which have received an affirmative 18(e) determination, although such standards may not be
federally applied. In the event that the State's 18(e) status is subsequently withdrawn and Federal authority
reinstated, all Federal standards, including any standards promulgated or modified during the 18(e) period,
would be federally enforceable in that State.
(d) As required by section 18(f) of the Act, OSHA will continue to monitor the operations of the Indiana State
program to assure that the provisions of the State plan are substantially complied with and that the program
remains at least as effective as the Federal program. Failure by the State to comply with its obligations may
result in the revocation of the final determination under section 18(e), resumption of Federal enforcement,
and/or proceedings for withdrawal of plan approval.
[51 FR 34215, Sept. 26, 1986, as amended at 62 FR 2564, Jan. 17, 1997; 65 FR 36628, June 9, 2000]
§ 1952.326 Where the plan may be inspected.
top
A copy of the principal documents comprising the plan may be inspected and copied during normal business
hours at the following locations:
Office of State Programs, Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW, Room N3700, Washington, DC 20210;
Regional Administrator, Occupational Safety and Health Administration, U.S. Department of
Labor, 230 S. Dearborn Street, 32nd Floor, Room 3244, Chicago, Illinois 60604; and
Office of the Commissioner, Indiana Department of Labor, State Office Building, 402 West
Washington Street, Room W195, Indianapolis, Indiana 46204.
[65 FR 36628, June 9, 2000]
§ 1952.327 Changes to approved plans.
top
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Indiana's revised statutory penalty
levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as
amended on November 5, 1990.
(2) [Reserved]
(b) Temporary labor camps/field sanitation. Effective February 3, 1997, the Assistant Secretary approved
Indiana's plan amendment, dated July 9, 1996, relinquishing coverage for the issues of field sanitation (29
CFR 1928.110) and temporary labor camps (29 CFR 1910.142) in agriculture (except for agricultural
temporary labor camps associated with egg, poultry or red meat production, or the post-harvest processing
of agricultural or horticultural commodities.) The Employment Standards Administration, U.S. Department of
Labor, has assumed responsibility for enforcement of these Federal OSHA standards in agriculture in
Indiana pursuant to Secretary of Labor's Order 5–96, dated December 27, 1996.
(c) The Voluntary Protection Program. On October 24, 1996, the Assistant Secretary approved Indiana's
plan supplement which is generally identical to the Federal Voluntary Protection Program, with the exception
of organizational and position titles.
[59 FR 14556, Mar. 29, 1994, as amended at 61 FR 55099, Oct. 24, 1996; 62 FR 2564, Jan. 17, 1997]
Subpart AA [Reserved]
top
Subpart BB—Wyoming
top
§ 1952.340 Description of the plan as initially approved.
top
(a) The plan identifies the Wyoming Occupational Health and Safety Commission as the agency to be
responsible for administering the plan throughout the State. The Commission will be responsible for
promulgating and enforcing occupational safety and health standards and deciding contested cases, subject
to judicial review.
(b) The State program will protect all employees within the State, including those employed by the State and
its political subdivisions. Public employees are to be granted the same protections as are afforded
employees in the private sector. The State plan does not cover employees of the Federal government or
those employees whose working conditions are regulated by Federal agencies other than the U.S.
Department of Labor.
(c) The Wyoming Occupational Health and Safety Act gives the State agency full authority to administer and
to enforce all laws, rules, and orders protecting employee safety and health in all places of employment in
the State. The legislation provides employer and employee representatives an opportunity to accompany
inspectors before or during the physical inspection of any workplace for the purpose of aiding such
inspection; adequate safeguards to protect trade secrets; effective sanctions against employers; protection
of employees against discharge or discrimination; procedures for prompt restraint or elimination of imminent
danger situations; the right to review by employers and employees of alleged violations, abatement periods
and proposed penalties; and prompt notice to employers and employees of alleged violations of standards
and abatement requirements.
(d) Administrative regulations include procedures for permanent and temporary variances; notice to
employees or their representatives when no compliance action is taken as a result of a complaint, including
procedures for informal review; information to employees on hazards, precautions, symptoms and
emergency treatment; and training and education programs for employers and employees, including an onsite consultation program consistent with the criteria set out in the Washington Plan decision (38 FR 2421).
(e) The State intends to promulgate Federal standards covering all of the issues contained in parts 1910 and
1926 of this chapter but will not cover those found in parts 1915, 1916, 1917, and 1918 of this chapter (ship
repairing, ship building, ship breaking, and longshoring). The State also plans to adopt additional vertical
standards relating to oil well drilling and servicing not provided by the Federal program. Future Federal
standards shall be promulgated by the State within six months after promulgation by the Secretary of Labor.
In the case of product standards the State has provided assurances that any State product standards will be
required by compelling local conditions and will not unduly burden interstate commerce.
(f) The plan sets out goals and provides a timetable for bringing it into full conformity with part 1902 of this
chapter. All personnel employed to carry out the plan are to be hired under the Wyoming Personnel Merit
System which conforms to standards established by the United States Civil Service Commission. The plan
also contains a detailed description of the resources that are to be devoted to it.
[39 FR 15395, May 3, 1974, as amended at 50 FR 26558, June 27, 1985]
§ 1952.341 Developmental schedule.
top
(a) Adoption of Federal standards as State standards by February 1975.
(b) Administrative regulations for recordkeeping and reporting, variances, posting requirements, employee
complaint procedures, inspections under the Act, employee exposure to toxic materials, providing
information to employees on their exposure to hazards, personal protective equipment, medical
examinations, and monitoring, safeguarding trade secrets, administrative review of citations, proposed
penalties, and abatement periods, to become effective by June 1, 1974.
(c) Amendments to the Wyoming Administrative Procedure Act to be submitted to the State Legislature
January 1975 and to become effective by May 1, 1975.
(d) Management Information System to be completed August 1, 1974.
(e) Merit staffing for administration of the program to be completed by August 15, 1974.
(f) Amendments to the State's Fair Employment Practices Act to be submitted to the State Legislature which
convenes January 14, 1975.
[39 FR 15395, May 3, 1974. Redesignated at 50 FR 26558, June 27, 1985]
§ 1952.342 Completion of developmental steps and certification.
top
(a) In accordance with §1952.343(a) the State adopted Federal standards covering all the issues contained
in 29 CFR parts 1910 subparts D through S, and 1926 (The State will not cover parts 1915, 1916, 1917, and
1918). (40 FR 8948, Mar. 4, 1975; 41 FR 26767, June 29, 1976.)
(b) In accordance with the requirements of 29 CFR 1952.10 the Wyoming posters for private and public
employees were approved by the Assistant Secretary on July 14, 1976.
(c) In accordance with §1952.343(d), Wyoming has developed and implemented a Management Information
System.
(d) The State plan has been amended to include an Affirmative Action Plan outlining the State's policy of
equal employment opportunity.
(e) Guidelines and procedures for implementing the State's safety and health program for public employees
were approved by the Assistant Secretary on June 1, 1978.
(f) In accordance with §1952.343(b), Wyoming has promulgated its rules of practice and procedure which
were approved by the Assistant Secretary on December 11, 1980.
(g) Legislation revising the enabling law to provide for civil enforcement of safety and health violations and
revised regulations establishing procedures for review of enforcement actions was approved by the
Assistant Secretary on December 19, 1980. (45 FR 83483)
(h) The State has met its plan commitment for hiring enforcement staff under an approved merit system for
administration of its health and safety program pursuant to a July 3, 1980 memo from Don Owsley,
Administrator of the Wyoming Occupational Health and Safety Department.
(i) As required by 29 CFR 1902.34(b)(3), the personnel operations of the Wyoming Occupational Health and
Safety Department have been found to be in substantial conformity with the “Standards for a Merit System of
Personnel Administration” by the Office of Personnel Management in a letter dated October 17, 1980.
(j) In accordance with §1902.34 of this chapter, the Wyoming occupational safety and health plan was
certified, effective December 30, 1980, as having completed all developmental steps specified in the plan as
approved on April 25, 1974, on or before April 25, 1977. This certification attests to structural completion, but
does not render judgment on adequacy of performance.
[41 FR 28789, July 13, 1976, as amended at 41 FR 30329, July 23, 1976; 42 FR 45907, Sept. 13, 1977; 43
FR 25424, June 13, 1978; 43 FR 34463, Aug. 4, 1978; 45 FR 83485, Dec. 19, 1980; 45 FR 85740, Dec. 30,
1980; 47 FR 1290, Jan. 12, 1982. Redesignated at 50 FR 26558, June 27, 1985]
§ 1952.343 Compliance staffing benchmarks.
top
Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, Compliance staffing levels (benchmarks)
necessary for a “fully effective” enforcement program were required to be established for each State
operating an approved State plan. In September 1984 Wyoming, in conjunction with OSHA, completed a
reassessment of the levels initially established in 1980 and proposed revised compliance staffing
benchmarks of 6 safety and 2 health compliance officers. After opportunity for pulbic comment and service
on the AFL-CIO, the Assistant Secretary approved these revised staffing requirements on June 27, 1985.
[50 FR 26558, June 27, 1985]
§ 1952.344 Final approval determination.
top
(a) In accordance with section 18(e) of the Act and procedures in 29 CFR part 1902, and after a
determination that the State met the “fully effective” compliance staffing benchmarks as revised in 1984 in
response to a Court Order in AFL-CIO v. Marshall (CA 74–406), and was satisfactorily providing reports to
OSHA through particiption in the Federal-State Unified Management Information System, the Assistant
Secretary evaluated actual operations under the Wyoming State plan for a period of at least one year
following certification of completion of developmental steps (45 FR 85739). Based on the 18(e) Evaluation
Report for the period of October 1982 through March 1984, and after opportunity for public comment, the
Assistant Secretary determined that in operation the State of Wyoming's occupational safety health program
is at least as effective as the Federal program in providing safe and healthful employment and places of
employment and meets the criteria for final State plan approval in section 18(e) of the Act and implementing
regulations at 29 CFR part 1902. Accordingly, the Wyoming plan was granted final approval and concurrent
Federal enforcement authority was relinquished under section 18(e) of the Act effective June 27, 1985.
(b) Except as otherwise noted, the plan which has received final approval covers all activities of employers
and all places of employment in Wyoming. The plan does not cover private sector maritime employment;
employment on the Warren Air Force Base; employment at the U.S. Department of Energy's Naval
Petroleum and Oil Shale Reserve; Federal government employers and employees; the U.S. Postal Service
(USPS), including USPS employees, and contract employees and contractor-operated facilities engaged in
USPS mail operations; the enforcement of the field sanitation standard, 29 CFR 1928.110, and the
enforcement of the temporary labor camps standard, 29 CFR 1910.142, with respect to any agricultural
establishment where employees are engaged in “agricultural employment” within the meaning of the Migrant
and Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1802(3), regardless of the number of
employees, including employees engaged in hand packing of produce into containers, whether done on the
ground, on a moving machine, or in a temporary packing shed, except that Wyoming retains enforcement
responsibility over agricultural temporary labor camps for employees engaged in egg, poultry, or red meat
production, or the post-harvest processing of agricultural or horticultural commodities.
(c) Wyoming is required to maintain a State program which is at least as effective as operations under the
Federal program; to submit plan supplements in accordance with 29 CFR part 1953; to allocate sufficient
safety and health enforcement staff to meet the benchmarks for State staffing established by the U.S.
Department of Labor, or any revisions to those benchmarks; and, to furnish such reports in such form as the
Assistant Secretary may from time to time require.
[50 FR 26558, June 27, 1985, as amended at 62 FR 2564, Jan. 17, 1997; 65 FR 36628, June 9, 2000; 71
FR 36990, June 29, 2006]
§ 1952.345 Level of Federal enforcement.
top
(a) As a result of the Assistant Secretary's determination granting final approval of the Wyoming plan under
section 18(e) of the Act, effective June 27, 1985, occupational safety and health standards which have been
promulgated under section 6 of the Act do not apply with respect to issues covered under the Wyoming plan.
This determination also relinquishes concurrent Federal OSHA authority to issue citations for violations of
such standards under sections 5(a)(2) and 9 of the Act; to conduct inspections and investigations under
section 8 (except those necessary to conduct evaluation of the plan under section 18(f) and other
inspections, investigations, or proceedings necessary to carry out Federal responsibilities not specifically
preempted by section 18(e)); to conduct enforcement proceedings in contested cases under section 10; to
institute proceedings to correct imminent dangers under section 13; and to propose civil penalties or initiate
criminal proceedings for violations of the Federal Act under section 17. The Assistant Secretary retains
jurisdiction under the above provisions in any proceeding commenced under section 9 or 10 before the
effective date of the 18(e) determination.
(b)(1) In accordance with section 18(e), final approval relinquishes Federal OSHA authority only with regard
to occupational safety and health issues covered by the Wyoming plan. OSHA retains full authority over
issues which are not subject to State enforcement under the plan. Thus, Federal OSHA retains its authority
relative to safety and health in private sector maritime activities and will continue to enforce all provisions of
the Act, Federal standards, rules, or orders, and all Federal standards, current or future, specifically directed
to maritime employment (29 CFR Part 1915, shipyard employment; Part 1917, marine terminals; Part 1918,
longshoring; Part 1919, gear certification) as well as provisions of general industry and construction
standards (29 CFR Parts 1910 and 1926) appropriate to hazards found in these employments. Federal
jurisdiction is retained and exercised by the Employment Standards Administration, U.S. Department of
Labor, (Secretary's Order 5–96, dated December 27, 1996) with respect to the field sanitation standard, 29
CFR 1928.110, and the enforcement of the temporary labor camps standard, 29 CFR 1910.142, in
agriculture, as described in §1952.344(b). Federal jurisdiction is also retained for employment at Warren Air
Force Base; employment at the U.S. Department of Energy's Naval Petroleum and Oil Shale Reserve;
Federal government employers and employees; and the U.S. Postal Service (USPS), including USPS
employees, and contract employees and contractor-operated facilities engaged in USPS mail operations.
(2) In addition, any hazard, industry, geographical area, operation or facility over which the State is unable to
effectively exercise jurisdiction for reasons not related to the required performance or structure of the plan
shall be deemed to be an issue not covered by the finally approved plan, and shall be subject to Federal
enforcement. Where enforcement jurisdiction is shared between Federal and State authorities for a
particular area, project, or facility, in the interest of administrative practicability, Federal jurisdiction may be
assumed over the entire project or facility. In either of the two aforementioned circumstances, Federal
enforcement may be exercised immediately upon agreement between Federal and State OSHA.
(c) Federal authority under provisions of the Act not listed in section 18(e) is unaffected by final approval of
the plan. Thus, for example, the Assistant Secretary retains his authority under section 11(c) of the Act with
regard to complaints alleging discrimination against employees because of the exercise of any right afforded
to the employee by the Act, although such complaints may be referred to the State for investigation. The
Assistant Secretary also retains his authority under section 6 of the Act to promulgate, modify or revoke
occupational safety and health standards which address the working conditions of all employees, including
those in States which have received an affirmative 18(e) determination, although such standards may not be
Federally applied. In the event that the State's section 18(e) status is subsequently withdrawn and Federal
authority reinstated, all Federal standards, including any standards promulgated or modified during the 18(e)
period, would be Federally enforceable in that State.
(d) As required by section 18(f) of the Act, OSHA will continue to monitor the operations of the Wyoming
State program to assure that the provisions of the State plan are substantially complied with and that the
program remains at least as effective as the Federal program. Failure by the State to comply with its
obligations may result in the revocation of the final determination under section 18(e), resumption of Federal
enforcement, and/or proceedings for withdrawal of plan approval.
[50 FR 26559, June 27, 1985, as amended at 62 FR 2565, Jan. 17, 1997; 65 FR 36628, June 9, 2000; 71
FR 36991, June 29, 2006]
§ 1952.346 Where the plan may be inspected.
top
A copy of the principal documents comprising the plan may be inspected and copied during normal business
hours at the following locations:
Office of State Programs, Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health Administration, U.S.
Department of Labor, 1999 Broadway Suite 1690, Denver, Colorado 80202–5716; and
Office of the Assistant Administrator, Worker's Safety and Compensation Division, Wyoming
Department of Employment, Herschler Building, 2nd Floor East, 122 West 25th Street,
Cheyenne, Wyoming 82002.
[65 FR 36629, June 9, 2000]
§ 1952.347 Changes to approved plans.
top
In accordance with part 1953 of this chapter, the following Wyoming plan changes were approved by the
Assistant Secretary:
(a) Legislation. (1) The State submitted amendments to its Occupational Health and Safety Act (Laws 1983,
chapter 172), which became effective on May 27, 1983, modifying the powers and duties of the
Occupational Health and Safety Commission, abolishing the powers of the review board and Commission to
hear contested cases and establishing an independent hearing officer to hear contested cases, providing
procedures for hearings and appeals whereby the Commission makes final administrative decisions in
contested cases and the party adversely affected may appeal to the District Court, making penalties for
posting violations discretionary (although the State guidelines on penalties for posting violations parallel
OSHA's and are set forth in the Wyoming Operations Manual), requiring written notification to employers of
their right to refuse entry, and creating the Department of Occupational Health and Safety. The Assistant
Secretary approved these amendments on February 27, 1989.
(2) On March 29, 1994, the Assistant Secretary approved Wyoming's revised statutory penalty levels which
are the same as the revised Federal penalty levels contained in section 17 of the Act as amended on
November 5, 1990.
(b) Regulations. (1) The State submitted amendments to its Rules of Practice and Procedure pertaining to
contested cases, hearings, discrimination, and petitions for modification of abatement; and making the
regulations consistent with other statutory changes made to its Occupational Health and Safety Act which
became effective on September 6, 1984, except amendment to Chapter IV, Enforcement which became
effective on March 28, 1985. The Assistant Secretary approved these amendments on February 27, 1989.
(2) [Reserved]
(c) The Voluntary Protection Program. On October 24, 1996, the Assistant Secretary approved Wyoming's
plan supplement which is generally identical to the Federal Voluntary Protection Program, with the exception
of organizational and position titles.
(d) Temporary labor camps/field sanitation. Effective February 3, 1997, the Assistant Secretary approved
Wyoming's plan amendment, dated July 19, 1996, relinquishing coverage for the issues of field sanitation
(29 CFR 1928.110) and temporary labor camps (29 CFR 1910.142) in agriculture (except for agricultural
temporary labor camps associated with egg, poultry or red meat production, or the post-harvest processing
of agricultural or horticultural commodities.) The Employment Standards Administration, U.S. Department of
Labor, has assumed responsibility for enforcement of these Federal OSHA standards in agriculture in
Wyoming pursuant to Secretary of Labor's Order 5–96, dated December 27, 1996.
[54 FR 9045, Mar. 3, 1989, as amended at 59 FR 14556, Mar. 29, 1994; 61 FR 55099, Oct. 24, 1996; 62 FR
2565, Jan. 17, 1997]
Subpart CC—Arizona
top
§ 1952.350 Description of the plan as initially approved.
top
(a)(1) The plan identifies the Arizona Industrial Commission, Division of Occupational Safety and Health, as
the State agency designated to administer the plan throughout the State. It adopts the definition of
occupational safety and health issues expressed in §1902.2(c)(1) of this chapter. The State intends to adopt
all Federal standards except those found in 29 CFR parts 1915, 1916, 1917 and 1918 (ship repairing,
shipbuilding, shipbreaking, and longshoring) and those subparts of parts 1910 and 1926 pertaining to
industries which are not applicable to Arizona. In addition, the State intends to enforce elevator (ANSI) and
boiler pressure vessel (ASME) standards for which there are no Federal counterparts.
(2) The plan provides a description of personnel employed under a merit system; the coverage of employees
of political subdivisions; procedures for the development and promulgation of standards, including standards
for the protection of employees against new and unforeseen hazards; and procedures for the prompt
restraint or elimination of imminent danger situations.
(b)(1) The plan includes legislation enacted by the Arizona Legislature during its 1974 legislative session
amending title 23, article 10 of the Arizona Revised Statutes to bring them into conformity with the
requirements of part 1902 of this chapter. Under the legislation the Industrial Commission will have full
authority to enforce and administer laws respecting the safety and health of employees in all workplaces of
the State.
(2) The legislation is intended, among other things, to assure inspections in response to employee
complaints; give employer and employee representatives an opportunity to accompany inspectors in order to
aid inspections; notification of employees or their representatives when no compliance action is taken as a
result of alleged violations; notification of employees of their protections and obligations; protection of
employees against discharge or discrimination in terms and conditions of employment; adequate safeguards
to protect trade secrets; sanctions against employers for violations of standards and orders; employer right
of review to an Occupational Safety and Health Review Board and then the courts, and employee
participation in review proceedings. The plan also proposes a program of voluntary compliance by
employers and employees, including a provision for on-site consultation. The State's consultation program
should not detract from its enforcement program and the State has given assurances that it will meet the
conditions set forth in the Washington Decision (38 FR 2421, January 26, 1973).
(c) The Arizona Plan includes the following documents as of the date of approval:
(1) The plan description documents, in two volumes.
(2) A copy of the enabling legislation as amended and enacted by the State Legislature in its 1974 Session.
(3) Letters from Donald G. Wiseman, Director of the Division of Occupational Safety and Health of the
Arizona Industrial Commission to Barry J. White, Associate Assistant Secretary for Regional Programs on
October 15, 18, and 24, 1974 submitting information, clarifications, and revisions on several issues raised
during the review process, including proposals to be submitted to the Arizona Legislature during its 1975
Session.
[39 FR 39038, Nov. 5, 1974, as amended at 50 FR 25571, June 20, 1985]
§ 1952.351 Developmental schedule.
top
The Arizona State plan is developmental. The following is the developmental schedule as provided by the
plan:
(a) Development of a complete management information and control system by July 1, 1976.
(b) The formulation and approval of inter-agency agreements with the Arizona Atomic Energy Commission,
the State Health Department and the Arizona Corporation Commission by March 1, 1975.
(c) Promulgation of variance regulations by July 1, 1977.
(d) The promulgation of recordkeeping regulations by March 1, 1975, but full implementation of these
regulations will not be until July 1, 1976.
(e) The submission of legislative amendments to the Arizona Legislature during its 1977 Session.
[39 FR 39038, Nov. 5, 1974, as amended at 40 FR 11873, Mar. 14, 1975; 41 FR 56315, Dec. 28, 1976.
Redesignated at 50 FR 25571, June 20, 1985]
§ 1952.352 Completion of developmental steps and certification.
top
(a) Implementation of the Arizona occupational safety and health program began on March 1, 1975.
(b) Inter-agency agreements between the Arizona Industrial Commission and the Arizona Department of
Health Services were finalized on November 7, 1974, and March 20, 1975.
(c) Regulations concerning inspections, citations and proposed penalties and the Rules of Procedure for
contests before the Governor's Review Board were promulgated on February 28, 1975.
(d) Recordkeeping and reporting regulations were promulgated on March 1, 1975; however, these
regulations will not be applicable to public employers until January 1, 1977.
(e) The universe file system for the inspections scheduling system was completed and implemented on
March 12, 1976.
(f) An interagency agreement was entered into between the Corporation Commission of Arizona and the
Industrial Commission on May 7, 1976 and became effective May 10, 1076.
(g) In accordance with the requirements of §1952.10, the Arizona State poster was approved by the
Assistant Secretary on July 22, 1976.
(h) Arizona occupational safety and health standards comparable to Federal standards in effect as of July
28, 1974, were promulgated on February 28, 1975, and were approved by the Regional Administrator
effective August 6, 1976.
(i) In accordance with §1902.34 of this chapter, the Arizona occupational safety and health plan was
certified, effective September 18, 1981 as having completed all developmental steps specified in the plan as
approved on October 29, 1974, on or before November 1, 1977. This certification attests to structural
completion, but does not render judgment on adequacy of performance.
(j) Regulations concerning discrimination complaints were promulgated on September 22, 1977, and were
approved by the Assistant Secretary on November 13, 1980.
(k) Legislative amendments required to bring the Arizona occupational safety and health law (Arizona
Revised Statutes, Chapter 23) into conformity with Federal requirements were enacted effective August 27,
1977.
[41 FR 31813, July 30, 1976, as amended at 41 FR 34251, Aug. 13, 1976; 41 FR 56316, Dec. 28, 1976; 46
FR 20164, Apr. 3, 1981; 46 FR 32022, June 19, 1981; 46 FR 46322, Sept. 18, 1981. Redesignated at 50 FR
25571, June 20, 1985]
§ 1952.353 Compliance staffing benchmarks.
top
Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, compliance staffing levels (benchmarks)
necessary for a “fully effective” enforcement program were required to be established for each State
operating an approved State plan. In September 1984, Arizona in conjunction with OSHA, completed a
reassessment of the levels initially established in 1980 and proposed revised compliance staffing
benchmarks of 9 safety and 6 health compliance officers. After opportunity for public comment and service
on the AFL-CIO, the Assistant Secretary approved these revised staffing requirements on June 20, 1985.
[50 FR 25571, June 20, 1985]
§ 1952.354 Final approval determination.
top
(a) In accordance with section 18(e) of the Act and procedures in 29 CFR part 1902, and after a
determination that the State met the “fully effective” compliance staffing benchmarks as revised in 1984 in
response to a Court Order in AFL-CIO v. Marshall, (CA 74–406), and was satisfactorily providing reports to
OSHA through participation in the Federal-State Unified Management Information System, the Assistant
Secretary evaluated actual operations under the State plan for a period of at least one year following
certification of completion of developmental steps (46 FR 46320). Based on the 18(e) Evaluation Report
(October 1982–March 1984) and after opportunity for public comment, the Assistant Secretary determined
that, in operation, the State of Arizona's occupational safety and health program is at least as effective as
the Federal program in providing safe and healthful employment and places of employment and meets the
criteria for final State plan approval in section 18(e) of the Act and implementing regulations at 29 CFR part
1902. Accordingly, the Arizona plan was granted final approval and concurrent Federal enforcement
authority was relinquished under section 18(e) of the Act effective June 20, 1985.
(b) Except as otherwise noted, the plan which has received final approval covers all activities of employers
and all places of employment in Arizona. The plan does not cover private sector maritime employment;
Federal government employers and employees; enforcement relating to any contractors or subcontractors
on any Federal establishment where the land is determined to be exclusive Federal jurisdiction; the U.S.
Postal Service (USPS), including USPS employees, and contract employees and contractor-operated
facilities engaged in USPS mail operations; copper smelters; concrete and asphalt batch plants that are
physically connected to a mine or so interdependent with a mine as to form one integral enterprise; and
Indian reservations.
(c) Arizona is required to maintain a State program which is at least as effective as operations under the
Federal program; to submit plan supplements in accordance with 29 CFR part 1953; to allocate sufficient
safety and health enforcement staff to meet the benchmarks for State staffing established by the U.S.
Department of Labor, or any revision to those benchmarks; and, to furnish such reports in such form as the
Assistant Secretary may from time to time require.
[50 FR 25571, June 20, 1985, as amended at 63 FR 53281, Oct. 5, 1998; 65 FR 36629, June 9, 2000]
§ 1952.355 Level of Federal enforcement.
top
(a) As a result of the Assistant Secretary's determination granting final approval of the Arizona plan under
section 18(e) of the Act, effective June 20, 1985, occupational safety and health standards which have been
promulgated under section 6 of the Act do not apply with respect to issues covered under the Arizona plan.
This determination also relinquishes concurrent Federal OSHA authority to issue citations for violation of
such standards under sections 5(a)(2) and 9 of the Act; to conduct inspections and investigations under
section 8 (except those necessary to conduct evaluation of the plan under section 18(f) and other
inspections, investigations, or proceedings necessary to carry out Federal responsibilities not specifically
preempted by section 18(e)); to conduct enforcement proceedings in contested cases under section 10; to
institute proceedings to correct imminent dangers under section 13; and to propose civil penalties or initiate
criminal proceedings for violations of the Federal Act under section 17. The Assistant Secretary retains
jurisdiction under the above provisions in any proceeding commenced under section 9 or 10 before the
effective date of the 18(e) determination.
(b)(1) In accordance with section 18(e), final approval relinquishes Federal OSHA authority only with regard
to occupational safety and health issues covered by the Arizona plan. OSHA retains full authority over
issues which are not subject to State enforcement under the plan. Thus, Federal OSHA retains its authority
relative to safety and health in private sector maritime activities and will continue to enforce all provisions of
the Act, rules or orders, and all Federal standards, current or future, specifically directed to maritime
employment (29 CFR Part 1915, shipyard employment; Part 1917, marine terminals; Part 1918, longshoring;
Part 1919, gear certification) as well as provisions of general industry and construction standards (29 CFR
Parts 1910 and 1926) appropriate to hazards found in these employments. Federal jurisdiction is also
retained with respect to Federal government employers and employees; enforcement relating to any
contractors or subcontractors on any Federal establishment where the land is determined to be exclusive
Federal jurisdiction; the U.S. Postal Service (USPS), including USPS employees, and contract employees
and contractor-operated facilities engaged in USPS mail operations; in copper smelters; in concrete and
asphalt batch plants which are physically connected to a mine or so interdependent with the mine as to form
one integral enterprise; and within Indian reservations.
(2) In addition, any hazard, industry, geographical area, operation or facility over which the State is unable to
effectively exercise jurisdiction for reasons not related to the required performance or structure of the plan
shall be deemed to be an issue not covered by the finally approved plan, and shall be subject to Federal
enforcement. Where enforcement jurisdiction is shared between Federal and State authorities for a
particular area, project, or facility, in the interest of administrative practicability, Federal jurisdiction may be
assumed over the entire project or facility. In either of the two aforementioned circumstances, Federal
enforcement may be exercised immediately upon agreement between Federal and State OSHA.
(c) Federal authority under provisions of the Act not listed in section 18(e) is unaffected by final approval of
the plan. Thus, for example, the Assistant Secretary retains his authority under section 11(c) of the Act with
regard to complaints alleging discrimination against employees because of the exercise of any right afforded
to the employee by the Act, although such complaints may be referred to the State for investigation. The
Assistant Secretary also retains his authority under section 6 of the Act to promulgate, modify or revoke
occupational safety and health standards which address the working conditions of all employees, including
those in States which have received an affirmative 18(e) determination, although such standards may not be
Federally applied. In the event that the State's 18(e) status is subsequently withdrawn and Federal authority
reinstated, all Federal standards, including any standards promulgated or modified during the 18(e) period,
would be federally enforceable in that State.
(d) As required by section 18(f) of the Act, OSHA will continue to monitor the operations of the Arizona State
program to assure that the provisions of the State plan are substantially complied with and that the program
remains at least as effective as the Federal program. Failure by the State to comply with its obligations may
result in the revocation of the Final determination under section 18(e), resumption of Federal enforcement,
and/or proceedings for withdrawal of plan approval.
[50 FR 25571, June 20, 1985, as amended at 63 FR 53281, Oct. 5, 1998; 65 FR 36629, June 9, 2000]
§ 1952.356 Where the plan may be inspected.
top
A copy of the principal documents comprising the plan may be inspected and copied during normal business
hours at the following locations:
Office of State Programs, Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health Administration, U.S.
Department of Labor, 71 Stevenson Street, 4th Floor, San Francisco, California 94105; and
Office of the Director, Industrial Commission of Arizona, 800 W. Washington, Phoenix, Arizona
85007.
[65 FR 36629, June 9, 2000]
§ 1952.357 Changes to approved plans.
top
(a) The Voluntary Protection Program. On December 30, 1993, the Assistant Secretary approved Arizona's
plan supplement, which is generally identical to the Federal Voluntary Protection Programs with the
exception that the State's VPP is limited to the Star Program in general industry, excludes the Merit and
Demonstration Programs and excludes the construction industry.
(b) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Arizona's revised statutory penalty
levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as
amended on November 5, 1990.
(2) [Reserved]
[59 FR 2295, Jan. 14, 1994, as amended at 59 FR 14556, Mar. 29, 1994]
Subpart DD—New Mexico
top
§ 1952.360 Description of the plan as initially approved.
top
(a)(1) The plan identifies the New Mexico Environmental Improvement Agency, with its subordinate
organization, the Occupational and Radiation Protection Division, as the State agency designated to
administer the plan throughout the State. It adopts the definition of occupational safety and health issues
expressed in §1909.2(c)(1) of this chapter. The State has adopted the Federal Field Operations Manual and
all the Federal standards except those found in 29 CFR parts 1915, 1916, 1917, and 1918 (ship repairing,
shipbuilding, shipbreaking, and longshoring). In addition, the Occupational and Radiation Protection Division
will be enforcing State standards under the Radiation Protection Act (chapter 284, Laws of 1971, 12–9–1
through 12–9–11, New Mexico Statutes Annotated). However, since this Act provides protection to the
general public, in the event of conflict between Radiation Protection Act standards and occupational safety
and health standards, employees will receive the protection provided under the more stringent regulation.
(2) The plan provides a description of personnel employed under a merit system; the coverage of employees
of political subdivisions; procedures for the development and promulgation of standards, including standards
for the protection of employees against new and unforeseen hazards; and procedures for the prompt
restraint of imminent danger situations.
(b)(1) The plan includes legislation enacted by the New Mexico Legislature during its 1975 legislative
session amending chapter 63, Laws of 1972, 59–14–1 through 59–14–23 of the New Mexico Statutes
Annotated to bring them into conformity with the requirements of part 1902 of this chapter. Under the
legislation, the Environmental Improvement Agency will have full authority to enforce and administer laws
respecting the safety and health of employees in all workplaces of the State.
(2) The legislation is intended, among other things, to assure inspections in response to employee
complaints; give employer and employee representatives an opportunity to accompany inspectors in order to
aid inspections; notify employees of their protections and obligations; protect employees against discharge
or discrimination in terms and conditions of employment; provide adequate safeguards to protect trade
secrets; impose sanctions against employers for violations of standards and orders; insure employer right of
review to an Occupational Health and Safety Review Commission and then the courts, and employee
participation in the review proceedings. The plan also proposes a program of voluntary compliance by
employers and employees, including a provision for on-site consultation. The State's consultation program
will not detract from its enforcement program and the State's consultation program will meet the conditions
set forth in the Washington Decision (38 FR 2421, January 26, 1973).
(c) The New Mexico Plan includes the following documents as of the date of approval:
(1) The plan description documents, in one volume.
(2) A copy of the enabling legislation as amended by the State legislature in its 1975 session.
(3) A letter from Aaron Bond, Director of the New Mexico Environmental Improvement Agency, to Barry J.
White, Associate Assistant Secretary for Regional Programs, dated November 4, 1975, submitting
information, clarification, and revisions on several issues raised during the review process, including
proposals to be submitted to the New Mexico Legislature prior to the close of its 1977 legislative session.
[40 FR 57456, Dec. 10, 1975, as amended at 59 FR 42496, Aug. 18, 1994]
§ 1952.361 Developmental schedule.
top
The New Mexico State Plan is developmental. The following is the developmental schedule as provided by
the plan:
(a) Development of a complete and operating management information and control system by January 1,
1976.
(b) Submission of the State's occupational safety and health poster for approval by January 31, 1976.
(c) Promulgation of Rules of Procedures for administrative review by the New Mexico Occupational Health
and Safety Review Commission by January 31, 1976.
(d) Enforcement program to achieve operational status by December 1, 1976.
(e) Amendments to basic legislation to become effective by July 1, 1977.
(f) Public employee program to become operational by July 1, 1977.
[40 FR 57456, Dec. 10, 1975. Redesignated at 59 FR 42496, Aug. 18, 1994]
§ 1952.362 Completion of developmental steps and certification.
top
(a) In accordance with the requirements of §1952.10, the New Mexico State poster was approved by the
Assistant Secretary on July 2, 1976. A revised State poster reflecting legislative amendments and
procedural changes was submitted on May 10, 1983, and approved by the Assistant Secretary on October
30, 1984.
(b) In accordance with the intent of 29 CFR 1952.363(e), on December 20, 1977, and June 3, 1983, New
Mexico submitted procedural guidelines for its two-tier contested case procedures in lieu of legislative
amendments. The procedures establish maximum timeframes for completion of the first level, informal
administrative review of contested cases, and immediate docketing of cases with the New Mexico
Occupational Health and Safety Review Commission. A second 15 day contest period is provided for
employer/employee appeal directly to the Review Commission. The New Mexico Occupational Health and
Safety Act (section 50–9–1 et seq., NMSA 1978) was amended in 1978, 1983 and 1984. These
amendments deal with the imposition of penalties for serious violations by governmental entities; the private
questioning of employees and employers by the Environmental Improvement Division officials at the
worksite; the jurisdiction of the Environmental Improvement Division over working conditions in copper
smelters; the use of interview statements as evidence in a civil or enforcement action; and the State's
adoption of emergency temporary standards. These clarifications and legislative amendments were
approved by the Assistant Secretary on October 30, 1984.
(c) In accordance with 29 CFR 1952.363(a), New Mexico submitted documentation on establishment of its
Management Information System on August 18, 1976, and June 3, 1983. The June 3, 1983, amendment
specifies New Mexico's participation in OSHA's Unified Management Information System. These
supplements were approved by the Assistant Secretary on October 30, 1984.
(d) In accordance with 29 CFR 1952.363(c), New Mexico promulgated Review Commission Rules of
Procedures on October 1, 1976. On January 11, 1984, New Mexico submitted revised Review Commission
Rules of Procedures which parallel 29 CFR part 2200. The revised rules were approved by the Assistant
Secretary on October 30, 1984.
(e) In accordance with 29 CFR 1952.363(d), New Mexico submitted documentation on December 20, 1977,
showing that its enforcement program was operational effective June, 1976. The supplement was approved
by the Assistant Secretary on October 30, 1984.
(f) In accordance with 29 CFR 1952.363(f), New Mexico by letter dated December 20, 1977, submitted a
plan supplement regarding its development of an occupational health and safety program for public
employees in June, 1976. A revision thereto was submitted on February 28, 1980. These supplements were
approved by the Assistant Secretary on October 30, 1984.
(g) New Mexico regulations for recording and reporting occupational injuries and illnesses parallel to 29 CFR
part 1904 which were originally promulgated on August 8, 1975, were revised on February 19, 1979, June 1,
1981, and October 26, 1983. The revised regulations were approved by the Assistant Secretary on October
30, 1984.
(h) New Mexico regulations for inspections, citations and proposed penalties parallel to 29 CFR part 1903
originally promulgated on August 8, 1975, were revised on April 14, 1981; May 10, 1981; May 27, 1981;
June 1, 1981; April 6, 1982; May 11, 1983; June 8, 1983; June 14, 1983; and April 4, 1984. The revised
regulations were approved by the Assistant Secretary on October 30, 1984.
(i) New Mexico rules of practice for variances, limitations, variations, tolerances and exemptions parallel to
29 CFR part 1905 which were originally promulgated on August 8, 1975, were revised on April 14, 1981.
Subsequently, on June 18, 1981, and May 11, 1983, the State submitted amendments and assurances to its
Field Operations Manual. These supplements were approved by the Assistant Secretary on October 30,
1984.
(j) New Mexico promulgated regulations for on-site consultation on March 7, 1979 and June 1, 1981 with an
amendment dated October 17, 1983 and assurances dated April 4, 1984 and July 10, 1984. These
supplements were approved by the Assistant Secretary on October 30, 1984.
(k) New Mexico adopted discrimination provisions parallel to 29 CFR part 1977 on March 29, 1982, with an
amendment dated June 15, 1983. These supplements were approved by the Assistant Secretary on October
30, 1984.
(l) New Mexico submitted its field operations manual on May 16, 1980, with subsequent amendments dated
March 4, 1983; May 11, 1983; May 23, 1983; June 8, 1983; June 16, 1983; June 17, 1983; and June 27,
1983. The manual reflects changes in the Federal program through March 1983. On July 25, 1980, with a
subsequent amendment dated July 24, 1984, the State adopted Federal OSHA's Industrial Hygiene Manual.
These supplements were approved by the Assistant Secretary on October 30, 1984.
(m) New Mexico on February 28, 1980, submitted a supplement containing a revised plan narrative with
further revisions dated June 16, 1983; June 21, 1983; June 27, 1983, April 4, 1984, and July 24, 1984.
These supplements were approved by the Assistant Secretary on October 30, 1984.
(n) In accordance with §1902.34 of this chapter, the New Mexico Occupational Health and Safety plan was
certified effective December 4, 1984, as having completed all developmental steps specified in the plan as
approved on December 4, 1975, on or before December 4, 1978. This certification attests to structural
completion, but does not render judgment on adequacy of performance.
[49 FR 44205, Nov. 5, 1984, as amended at 49 FR 48918, Dec. 17, 1984. Redesignated at 59 FR 42497,
Aug. 18, 1994]
§ 1952.363 Compliance staffing benchmarks.
top
Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, compliance staffing levels (“benchmarks”)
necessary for a “fully effective” enforcement program were required for each State operating an approved
State plan. In May 1992, New Mexico completed, in conjunction with OSHA, a reassessment of the staffing
levels initially established in 1980 and proposed revised benchmarks of 7 safety and 3 health compliance
officers. After opportunity for public comment and service on the AFL-CIO, the Assistant Secretary approved
these revised staffing requirements on August 11, 1994.
[59 FR 42497, Aug. 18, 1994]
§ 1952.364 [Reserved]
top
§ 1952.365 Level of Federal enforcement.
top
(a) Pursuant to §§1902.20(b)(1)(iii) and 1954.3 of this chapter, under which an operational status agreement
has been entered into between OSHA and New Mexico, effective October 5, 1981, and based on a
determination that New Mexico is operational in issues covered by the New Mexico occupational health and
safety plan, discretionary Federal enforcement authority under section 18(e) of the Act (29 U.S.C. 667(e))
will not be initiated with regard to Federal occupational safety and health standards in issues covered under
29 CFR parts 1910, 1926 and 1928 except as provided in this section. The U.S. Department of Labor will
continue to exercise authority, among other things, with regard to:
(1) Complaints filed with the U.S. Department of Labor alleging discrimination under section 11(c) of the Act
(29 U.S.C. 660(c));
(2) Enforcement with respect to private sector maritime employment including 29 CFR parts 1915, 1917,
1918, 1919 (shipyard employment; marine terminals; longshoring and gear certification), and general
industry and construction standards (29 CFR parts 1910 and 1926) appropriate to hazards found in these
employments, which issues have been specifically excluded from coverage under the State plan;
(3) Enforcement in situations where the State is refused and is unable to obtain a warrant or enforce its right
of entry;
(4) Enforcement of new Federal standards until the State adopts a comparable standard;
(5) Enforcement of unique and complex standards as determined by the Assistant Secretary;
(6) Enforcement in situations when the State is temporarily unable to exercise its enforcement authority fully
or effectively;
(7) Enforcement of occupational safety and health standards at all Federal and private sector establishments
on military facilities and bases, including but not limited to Kirkland Air Force Base, Fort Bliss Military
Reservation, White Sands Missile Range Military Reservation, Holloman Air Force Base, Cannon Air Force
Base, Fort Wingate Military Reservation , Fort Bayard Veterans' Hospital, Albuquerque Veterans' Hospital,
Santa Fe National Cemetery;
(8) Enforcement of occuaptional safety and health standards, to the extent permitted by applicable law, over
tribal or private sector employment within any Indian reservation and lands under the control of a tribal
government;
(9) Enforcement of occupational safety and health standards with regard to employment at the U.S.
Department of Energy's Western Area Power Administration site at Elephant Butte; Federal government
employers and employees; and the U.S. Postal Service (USPS), including USPS employees and contract
employees and contractor-operated facilities engaged in USPS mail operations; and
(10) Investigations and inspections for the purpose of the evaluation of the New Mexico plan under sections
18(e) and (f) of the Act (29 U.S. C. 667 (e) and (f)).
(b) The Regional Administrator for Occupational Safety and Health will make a prompt recommendation for
the resumption of the exercise of Federal enforcement authority under section 18(e) of the Act (29 U.S.C.
667(e)) whenever, and to the degree, necessary to assure occupational safety and health protection to
employees in New Mexico.
[62 FR 49911, Sept. 24, 1997, as amended at 65 FR 36629, June 9, 2000; 71 FR 36991, June 29, 2006]
§ 1952.366 Where the plan may be inspected.
top
A copy of the principal documents comprising the plan may be inspected and copied during normal business
hours at the following locations:
Office of State Programs, Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue, N.W., Room N3700, Washington, D.C. 20210;
Office of the Regional Administrator, Occupational Safety and Health Administration, U.S.
Department of Labor, Room 602, 525 Griffin Street, Dallas, Texas 75202; and
New Mexico Environment Department, Occupational Safety and Health Bureau, 1190 St. Francis
Drive, Santa Fe, New Mexico 87502.
[59 FR 42497, Aug. 18, 1994]
§ 1952.367 Changes to approved plans.
top
(a) Legislation. (1) On March 29, 1994, the Assistant Secretary approved New Mexico's revised statutory
penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as
amended on November 5, 1990.
(2) [Reserved]
(b) In accordance with part 1953 of this chapter, New Mexico's State plan amendment, dated January 3,
1997, excluding coverage of all private sector employment on Federal military facilities and bases ( see
§1952.365), and, to the extent permitted by applicable law, over tribal or private sector employment within
any Indian reservation and lands under the control of a tribal government, from its State plan was approved
by the Acting Assistant Secretary on September 24, 1997.
[59 FR 14556, Mar. 29, 1994. Redesignated at 59 FR 42496, Aug. 18, 1994, as amended at 62 FR 49911,
Sept. 24, 1997; 67 FR 60129, Sept. 25, 2002]
Subpart EE—Virginia
top
§ 1952.370 Description of the plan as initially approved.
top
(a) The Virginia Department of Labor and Industry is the agency responsible for administering the plan and
the Virginia Department of Health is designated as responsible for occupational health matters. The plan
defines the covered occupational safety and health issues as defined by the Secretary of Labor in 29 CFR
1902.2(c)(1) and all safety and health standards adopted by the Secretary of Labor, except those found in
29 CFR parts 1915, 1916, 1917, and 1918 (ship repairing, shipbuilding, shipbreaking and longshoring), will
be enforced by the State upon approval of the plan by the Assistant Secretary. The State will retain its
existing standard applicable to ionizing radiation. New Federal standards will be adopted by the Safety and
Health Codes Commission within 6 months after Federal promulgation.
(b)(1) The plan includes enabling legislation passed by the Virginia legislature in February 1973, and
amendments thereto enacted in 1975 and 1976. The Commissioner of the Department of Labor and Industry
will have authority to enforce and adminster laws regarding the safety and health of employees. Safety
inspections will be conducted by the Department of Labor and Industry whereas health inspections will be
conducted by the Department of Health. The Department of Labor and Industry will issue citations, set
abatement dates, and issue summons and/or warrants for a civil district court determination of violations and
assessment of proposed penalties for such safety and health violations. Appeals of the district court's
determination shall be to the circuit court sitting without a jury. Fire safety inspections and enforcement will
be provided by agreement with the State Fire Marshal. The State plan provides for the coverage of all
employees including coverage of public employees within the Commonwealth with the exception of maritime
workers, employees of the United States, and employees whose working conditions are regulated by
Federal agencies other than the U.S. Department of Labor under section 4(b)(1) of the Occupational Safety
and Health Act of 1970. The Commissioner is authorized to establish a program applicable to employees of
the State and its political subdivisions.
(2) The legislation also insures inspections in response to employee complaints; right of employer and
employee representatives to accompany inspectors; notification to employees or their representatives when
no compliance action is taken as a result of alleged violations; notification to employees of their protections
and obligations; protection of employees against discharge or discrimination in terms and conditions of
employment; adequate safeguards to protect trade secrets; prompt notice to employers and employees of
alleged violations of standards and abatement requirements; effective sanctions against employers for
violations of rules, regulations, standards and orders; employee right of review in the State civil courts and
employee participation in this judicial review process. In addition, there is provision for prompt restraint of
imminent danger situations by injunction and “red-tag” procedures. The plan also proposes to develop a
program to encourage voluntary compliance by employers and employees, including provision for onsite
consultation, which program will not detract from its enforcement program.
(c) The plan sets out goals and provides a timetable for bringing it into conformity with part 1902 of this
chapter at the end of three years after commencement of operations under the plan. The plan also includes
the State Administrative Process Act. A merit system of personnel administration will be utilized.
(d) The plan includes the following documents as of the date of approval:
(1) The plan document and appendices including revised legislation, submitted June 21, 1976.
(2) Letters from the Department of Labor and Industry dated January 15, March 4, and August 23, 1976, and
from the Department of Health dated August 18, 1976.
[41 FR 42658, Sept. 28, 1976, as amended at 51 FR 2489, Jan. 17, 1986]
§ 1952.371 Developmental schedule.
top
The Virginia plan is developmental. Following is a schedule of major developmental steps:
(a) Standards identical to the Federal standards will be completely adopted by January 1, 1978.
(b) A plan for delegation of authority to the State Fire Marshal for fire standards development and
enforcement will be completed by December 31, 1976, with necessary legislative action and program
implementation by July 1, 1978.
(c) State poster(s) informing public and private employees of their rights and responsibilities will be
developed and distributed within 6 months of plan approval.
(d) A voluntary compliance program (including on-site consultation services) will be initiated within 6 months
of plan approval.
(e) Both safety and health conpliance programs will be fully staffed by FY 1979.
(f) Both safety and health consultation programs will be fully staffed by FY 1979.
(g) An automated Management Information System, including a court reporting system, will be developed
within 6 months of plan approval.
(h) An Administrative Procedures Manual which will contain State regulations on standards promulgation,
inspections, citations, proposal of penalties, review procedures, variances, etc., will be developed within 6
months of plan approval.
(i) A Compliance Manual establishing procedures to be used by safety and health inspectors and voluntary
compliance personnel will be developed within 6 months of plan approval.
(j) The State is now responsible for enforcement of the State explosive code. That code will be amended
within 6 months of plan approval to contain only standards identical to OSHA's standards.
(k) Job descriptions for both safety and health personnel will be reviewed and revised to accurately reflect
job functions within 12 months of plan approval.
(l) The Directors of the Industry and Construction Safety Divisions in the Department of Labor and Industry
will be brought under State merit system coverage by January 1, 1977.
(m) An inspection scheduling system will be developed for the health program within 6 months of plan
approval and for the safety program within 8 months of plan approval.
(n) A public employee program will be developed and implemented within 6 months of plan approval.
[41 FR 42658, Sept. 28, 1976, as amended at 42 FR 10989, Feb. 25, 1977. Redesignated at 51 FR 2489,
Jan. 17, 1986]
§ 1952.372 Completion of developmental steps and certification.
top
(a) In accordance with 29 CFR 1952.373(b), Virginia was to develop a plan for delegation of authority to the
State Fire Marshal for fire standards enforcement. The State has since announced that the authority for fire
standards enforcement will rest with the Department of Labor and Industry, which has been enforcing fire
standards since plan approval. This action is judged to have sufficiently fulfilled the commitments of this
step.
(b) In accordance with 29 CFR 1952.373(c) and 1952.10. Virginia's safety and health posters for public and
private employers were approved by the Assistant Secretary on November 13, 1980.
(c) In accordance with 29 CFR 1952.373(d), Virginia initiated a voluntary compliance program which
includes on-site consultation services on March 15, 1977. (The State subsequently arranged for on-site
consultation activities for the private sector to be covered by an agreement with the U.S. Department of
Labor under section 7(c)(1) of the Act).
(d) In accordance with 29 CFR 1952.373(f), the State had met its developmental commitment for the staffing
of its on-site consultation program in the public sector by fiscal year 1979. On-site consultation in the private
sector is covered by a section 7(c)(1) agreement with the U.S. Department of Labor.
(e) In accordance with the relevant part of 29 CFR 1952.373(g), Virginia met its developmental commitment
of developing and implementing an automated Management Information System on July 1, 1977.
(f) In accordance with 29 CFR 1952.373(l), the Directors of the Industry and the Construction Safety
Divisions have been placed under the State merit system as of September 1, 1976.
(g) In accordance with 29 CFR 1952.373(a), Virginia was to completely adopt standards identical to the
Federal standards by January 1, 1978. State standards identical to the Federal standards of 29 CFR part
1910 (General Industry) and part 1926 (Construction) and as effective as the Federal standards for ionizing
radiation exposure became effective on April 15, 1977, and were approved by the Regional Administrator in
the Federal Register of March 17, 1978 (43 FR 11274). State standards identical to the Federal standards
in 29 CFR part 1928 (Agriculture) became effective on April 1, 1978, and were approved by the Regional
Administrator in the Federal Register of June 12, 1979 (44 FR 3375). The State's subsequent adoption of
standards identical to the Federal standards for ionizing radiation exposure was approved on August 20,
1982 (47 FR 36485). The State has continued to adopt standards, amendments and corrections identical to
the Federal, as noted in separate standards approval notices.
(h) In accordance with 29 CFR 1952.373(e), the State met its developmental commitment for the staffing of
its compliance program by Fiscal Year 1979 with the submission of its Fiscal Year 1979 grant application on
August 11, 1978, which allocated 38 safety and 18 health compliance officer positions. This supplement was
approved by the Assistant Secretary on October 14, 1983.
(i) In accordance with 29 CFR 1952.373(g), Virginia met its developmental commitment for the development
and implementation of a system for the reporting of court decisions resulting from the State's system for the
judicial review of contested cases with the submission of a publication on May 27, 1981, which compiled
final orders and decisions regarding cases contested to the Virginia General District and Circuit Courts. The
State has subsequently submitted other compilations which are to be published annually. This amendment
was approved by the Assistant Secretary on October 14, 1983.
(j) In accordance with 29 CFR 1952.373(j), Virginia submitted revised standards for explosives and blasting
agents on March 23, 1977, which were found to be identical to the Federal standards and were approved by
the Regional Administrator in the Federal Register of March 17, 1978 (43 FR 11274).
(k) In accordance with 29 CFR 1952.373(k), the State met its developmental commitment of reviewing and
revising job descriptions for both safety and health personnel with the submission of revised job
specifications on October 5, 1977. This supplement was approved by the Assistant Secretary on October
14, 1983.
(l) In accordance with 29 CFR 1952.373(m), Virginia submitted inspection scheduling systems for its health
and safety programs on September 7 and November 2, 1977, and a revised health scheduling system on
May 9, 1979. The State has subsequently adopted revisions identical to revisions to the Federal scheduling
system for safety as well as health inspections with submissions dated December 11, 1980, October 30,
1981, and May 28, 1982. These amendments were approved by the Assistant Secretary on October 14,
1983.
(m) In accordance with 29 CFR 1952.373(h), Virginia submitted an administrative procedures manual
containing State rules and regulations on standards promulgation, inspections, recordkeeping and reporting
of occupational injuries and illnesses, nondiscrimination, citations, proposal of penalties, review procedures,
variances, etc., on March 31, 1977. The State has subsequently submitted revised versions of and
clarifications to the manual by letters dated September 8, 1978, May 26, 1981, November 12, 1982, January
20, 1983, March 16, 1983 and September 13, 1983 in response to OSHA comments, and these actions are
adjudged to have sufficiently fulfilled the commitments of this step. The Virginia Occupational Safety and
Health Administrative Regulations Manual (which became effective on October 31, 1983 and was clarified
by a letter dated June 13, 1984) was approved by the Assistant Secretary on August 15, 1984.
(n) In accordance with 29 CFR 1952.373(i), the State was to develop a compliance manual establishing
procedures to be used by safety and health compliance officers and voluntary compliance personnel. A
voluntary compliance and training manual was initially submitted by the State on March 31, 1977 and a
completely revised version was submitted by a letter dated March 21, 1984. The State submitted a
compliance manual for safety and health compliance officers on August 2, 1977. By letters dated November
20, 1978 and August 2, 1979, Virginia informed OSHA that it would adopt and implement Federal OSHA's
Field Operations Manual and Industrial Hygiene Field Operations Manual. The State has adopted
subsequent Federal changes to these manuals by letters dated August 26, 1981, February 9, 1984, and
June 18, 1984. On July 30, 1984, the State submitted a completely revised Field Operations Manual
reflecting changes to the Federal manual through June 1, 1984. In addition, by a letter dated June 5, 1984,
the State indicated its intent to utilize and adopt the March 30, 1984 Federal Industrial Hygiene Technical
Manual. These supplements were approved by the Assistant Secretary on August 15, 1984.
(o) In accordance with 29 CFR 1952.373(n), Virginia met its developmental commitment of developing and
implementing an occupational safety and health program applicable to employees of the State and local
governments. On March 31, 1977, the State submitted rules and regulations applying Virginia occupational
safety and health law and standards to State, local and municipal governments. These regulations were
subsequently revised and incorporated into the State's Administrative Regulations Manual as submitted on
September 13, 1983. These supplements were approved by the Assistant Secretary on August 15, 1984.
(p) In accordance with part 1953 of this chapter, Virginia submitted legislative amendments to Title 40.1 of
the Labor Laws of Virginia as enacted by the Virginia General Assembly of February 6, 1979. These
legislative amendments, which dealt primarily with the Commissioner's delegation authority, procedures
concerning Virginia's system of judicial review of contested cases, and penalty provisions, were approved by
the Assistant Secretary on August 15, 1984.
(q) In accordance with §1902.34 of this chapter, the Virginia occupational safety and health plan was
certified effective August 15, 1984 as having completed all developmental steps specified in the plan as
approved on September 23, 1976 on or before September 23, 1979. This certification attests to structural
completion, but does not render judgment on adequacy of performance.
[45 FR 77003, Nov. 21, 1980, as amended at 48 FR 48823, Oct. 21, 1983; 49 FR 33122 and 33126, Aug.
21, 1984. Redesignated at 51 FR 2489, Jan. 17, 1986; 67 FR 60129, Sept. 25, 2002]
§ 1952.373 Compliance staffing benchmarks.
top
Under the terms of the 1978 Court Order in AFL-CIO v. Marshall compliance staffing levels (benchmarks)
necessary for a “fully effective” enforcement program were required to be established for each State
operating an approved State plan. In September 1984 Virginia, in conjunction with OSHA, completed a
reassessment of the levels initially established in 1980 and proposed revised compliance staffing
benchmarks of 38 safety and 21 health compliance officers. After opportunity for public comment and
service on the AFL-CIO, the Assistant Secretary approved these revised staffing requirements on January
17, 1986.
[51 FR 2489, Jan. 17, 1986]
§ 1952.374 Final approval determination.
top
(a) In accordance with section 18(e) of the Act and procedures in 29 CFR part 1902, and after determination
that the State met the “fully effective” compliance staffing benchmarks as revised in 1984 in response to a
Court Order in AFL-CIO v. Marshall (CA 74–406), and was satisfactorily providing reports to OSHA through
participation in the Federal-State Integrated Management Information System, the Assistant Secretary
evaluated actual operations under the Virginia State plan for a period of at least one year following
certification of completion of developmental steps (49 FR 33123). Based on the 18(e) Evaluation Report for
the period of January 1, 1987 through March 31, 1988, and after opportunity for public comment, the
Assistant Secretary determined that in operation the State of Virginia's occupational safety and health
program is at least as effective as the Federal program in providing safe and healthful employment and
places of employment and meets the criteria for final State plan approval in section 18(e) of the Act and
implementing regulations at 29 CFR part 1902. Accordingly, the Virginia plan was granted final approval and
concurrent Federal enforcement authority was relinquished under section 18(e) of the Act effective
November 30, 1988.
(b) Except as otherwise noted, the plan which has received final approval covers all activities of employers
and all places of employment in Virginia. The plan does not cover private sector maritime employment;
worksites located within Federal military facilities as well as on other Federal enclaves where civil jurisdiction
has been ceded by the State to the Federal government; employment at the U.S. Department of Energy's
Southeastern Power Administration Kerr-Philpott System; Federal government employers and employees;
and the U.S. Postal Service (USPS), including USPS employees, and contract employees and contractoroperated facilities engaged in USPS mail operations.
(c) Virginia is required to maintain a State program which is at least as effective as operations under the
Federal program; to submit plan supplements in accordance with 29 CFR part 1953; to allocate sufficient
safety and health enforcement staff to meet the benchmarks for State staffing established by the U.S.
Department of Labor, or any revisions to those benchmarks; and, to furnish such reports in such form as the
Assistant Secretary may from time to time require.
[53 FR 48258, Nov. 30, 1988, as amended at 65 FR 36630, June 9, 2000; 71 FR 36991, June 29, 2006]
§ 1952.375 Level of Federal Enforcement.
top
(a) As a result of the Assistant Secretary's determination granting final approval to the Virginia plan under
section 18(e) of the Act, effective November 30, 1988, occupational safety and health standards which have
been promulgated under section 6 of the Act do not apply with respect to issues covered under the Virginia
plan. This determination also relinquishes concurrent Federal OSHA authority to issue citations for violations
of such standards under section 5(a)(2) and 9 of the Act; to conduct inspections and investigations under
section 8 (except those necessary to conduct evaluation of the plan under section 18(f) and other
inspections, investigations, or proceedings necessary to carry out Federal responsibilities not specifically
preempted by section 18(e)); to conduct enforcement proceedings in contested cases under section 10; to
institute proceedings to correct imminent dangers under section 13; and to propose civil penalties or initiate
criminal proceedings for violations of the Federal Act under section 17. The Assistant Secretary retains
jurisdiction under the above provisions in any proceeding commenced under section 9 or 10 before the
effective date of the 18(e) determination.
(b)(1) In accordance with section 18(e), final approval relinquishes Federal OSHA authority only with regard
to occupational safety and health issues covered by the Virginia plan. OSHA retains full authority over
issues which are not subject to State enforcement under the plan. Thus, Federal OSHA retains its authority
relative to safety and health in private sector maritime activities and will continue to enforce all provisions of
the Act, rules or orders, and all Federal standards, current or future, specifically directed to maritime
employment (29 CFR Part 1915, shipyard employment; Part 1917, marine terminals; Part 1918, longshoring;
Part 1919, gear certification) as well as provisions of general industry and construction standards (29 CFR
Parts 1910 and 1926) appropriate to hazards found in these employments, and employment at worksites
located within Federal military facilities as well as on other Federal enclaves where civil jurisdiction has been
ceded by the State to the Federal government. Federal jurisdiction is also retained with respect to
employment at the U.S. Department of Energy's Southeastern Power Administration Kerr-Philpott System;
Federal government employers and employees; and the U.S. Postal Service (USPS), including USPS
employees, and contract employees and contractor-operated facilities engaged in USPS mail operations.
(2) In addition, any hazard, industry, geographical area, operation or facility over which the State is unable to
effectively exercise jurisdiction for reasons which OSHA determines are not related to the required
performance or structure of the plan shall be deemed to be an issue not covered by plan which has received
final approval, and shall be subject to Federal enforcement. Where enforcement jurisdiction is shared
between Federal and State authorities for a particular area, project, or facility, in the interest of
administrative practicability Federal jurisdiction may be assumed over the entire project or facility. In any of
the aforementioned circumstances, Federal enforcement authority may be exercised after consultation with
the State designated agency.
(c) Federal authority under provisions of the Act not listed in section 18(e) is unaffected by final approval of
the plan. Thus, for example, the Assistant Secretary retains his authority under section 11(c) of the Act with
regard to complaints alleging discrimination against employees because of the exercise of any right afforded
to the employee by the Act, although such complaints may be referred to the State for investigation. The
Assistant Secretary also retains his authority under section 6 of the Act to promulgate, modify or revoke
occupational safety and health standards which address the working conditions of all employees, including
those in States which have received an affirmative 18(e) determination, although such standards may not be
Federally applied. In the event that the State's 18(e) status is subsequently withdrawn and Federal authority
reinstated, all Federal standards, including any standards promulgated or modified during the 18(e) period,
would be Federally enforceable in that State.
(d) As required by section 18(f) of the Act, OSHA will continue to monitor the operations of the Virginia State
program to assure that the provisions of the State plan are substantially complied with and that the program
remains at least as effective as the Federal program. Fairlure by the State to comply with its obligations may
result in the revocation of Federal enforcement, and/or proceedings for withdrawal of plan approval.
[53 FR 48258, Nov. 30, 1988, as amended at 65 FR 36630, June 9, 2000; 71 FR 36991, June 29, 2006]
§ 1952.376 Where the plan may be inspected.
top
A copy of the principal documents comprising the plan may be inspected and copied during normal business
hours at the following locations:
Office of State Programs, Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health Administration, U.S.
Department of Labor, The Curtis Center, 170 South Independence Mall West—Suite 740 West,
Philadelphia, Pennsylvania
Office of the Commissioner, Virginia Department of Labor and Industry, Powers-Taylor Building,
13 South 13th Street, Richmond, Virginia 23219.
[65 FR 36630, June 9, 2000]
§ 1952.377 Changes to approved plans.
top
In accordance with part 1953 of this chapter, the following Virginia plan changes were approved by the
Assistant Secretary:
(a) The State submitted legislative amendments related to the issuance and judicial review of administrative
search warrants which became effective on July 1, 1987. The Assistant Secretary approved these
amendments on 14 September, 1987.
(b) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Virginia's revised statutory penalty
levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as
amended on November 5, 1990.
[52 FR 35070, Sept. 17, 1987, as amended at 59 FR 14556, Mar. 29, 1994]
Subpart FF—Puerto Rico
top
§ 1952.380 Description of the plan.
top
(a) The plan designates the Puerto Rico Department of Labor and Human Resources as the agency
responsible for the administration and enforcement of the plan throughout the Commonwealth. This includes
the responsibility for administration of a public employee program for which the same enforcement
provisions and procedures used for the private sector will apply, with the exception of penalties. Penalties in
the Commonwealth's Act for the private sector are essentially identical to those in the Federal Act, and
Puerto Rico intends to adopt all Federal standards. The Commonwealth will exclude from coverage all
industries included within the classifications of Marine Cargo Handling (SIC 4463) and Shipbuilding and
Repairing (SIC 3713), but will adopt and enforce standards for boilers and elevators and other issues where
no Federal OSHA standards exist. The plan provides that program personnel will be employed under a merit
system and provides for a Management Information System. It also provides procedures for the
development and promulgation of standards and procedures for the prompt restraint or elimination of
imminent danger situations.
(b) The Puerto Rico Occupational Safety and Health Act was enacted on July 7, 1975, and approved by the
Governor on August 5, 1975. It is similar in most respect to the Federal Act. The Puerto Rico Act provides
employers the right of administrative review of citations, abatement requirements, and proposed penalties,
and employee review of abatement dates, by a hearing examiner appointed by the Puerto Rico Secretary of
Labor. The decision by the Secretary may be appealed by the employer or employees to the civil courts. The
plan contains a statement of support by the Governor and an opinion by the Secretary of Justice that the Act
is consistent with the State's Law and Constitution. Federal procedural regulations will be incorporated into
the Commonwealth's regulations and the Federal Compliance Manual will be adopted to fit Puerto Rico's
Law. In addition, the Puerto Rico Act requires that a Spanish language version of OSHA standards be made
available within three years of plan approval.
(c) The Puerto Rico Act provides for, among other things, inspections in response to employee complaints;
an opportunity for employer and employee representatives to accompany inspectors in order to aid
inspections; notification of employees or their representatives when no compliance action is taken as a
result of a complaint; notification of employees of their protections and obligations; protection for employees
against discharge or discrimination in terms and conditions of employment; adequate safeguards to protect
trade secrets; sanctions against employers for violations of standards and orders; and review of citations by
a hearing examiner, with appeal to the Secretary of Labor and the Commonwealth's courts.
(d) The plan also proposes a program of voluntary compliance by employers and employees, including a
provision for on-site consultation.
(e) The Puerto Rico Plan includes the following documents as of the date of approval:
(1) The plan description documents, in two volumes.
(2) A copy of the enabling legislation as enacted on July 7, 1975, and signed by the Governor on August 5,
1975.
(3) An assurance of separability of the enforcement personnel from the hearing examiner.
(4) A letter of assurance of the authenticity of the English version of the Puerto Rico OSHA Act from John
Cinque Sacarello, Assistant Secretary for Occupational Safety and Health, Puerto Rico Department of
Labor, dated December 4, 1975.
[42 FR 43629, Aug. 30, 1977]
§ 1952.381 Where the plan may be inspected.
top
A copy of the principal documents comprising the plan may be inspected and copied during normal business
hours at the following locations:
Office of State Programs, Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW, Room N3700, Washington, DC 20210;
Regional Administrator, Occupational Safety and Health Administration, U.S. Department of
Labor, 201 Varick Street, Room 670, New York, New York 10014.
Office of the Secretary, Puerto Rico Department of Labor and Human Resources, Prudencio
Rivera Martinez Building, 505 Munoz Rivera Avenue, Hato Rey, Puerto Rico 00918.
[65 FR 36630, June 9, 2000]
§ 1952.382 Level of Federal enforcement.
top
Pursuant to §1902.20(b)(1)(iii) and §1954.3 of this chapter under which an agreement has been entered into
with Puerto Rico, effective December 8, 1981, and based on a determination that Puerto Rico is operational
in the issues covered by the Puerto Rico occupational safety and health plan, discretionary Federal
enforcement authority under section 18(e) of the Act (29 U.S.C. 667(e)) will not be initiated with regard to
Federal occupational safety and health standards in issues covered under 29 CFR Parts 1910 and 1926
except as provided in this section. The U.S. Department of Labor will continue to exercise authority, among
other things, with regard to: complaints filed with the U.S. Department of Labor alleging discrimination under
section 11(c) of the Act (29 U.S.C. 660(c)); safety and health in private sector maritime activities and will
continue to enforce all provisions of the Act, rules of orders, and all Federal standards, current or future,
specifically directed to maritime employment (29 CFR Part 1915, shipyard employment; Part 1917, marine
terminals; Part 1918, longshoring; Part 1919, gear certification) as well as provisions of general industry and
construction standards (29 CFR Parts 1910 and 1926) appropriate to hazards found in these employments;
enforcement relating to any contractors or subcontractors on any Federal establishment where the State
cannot obtain entry; enforcement of new Federal standards until the State adopts a comparable standard;
situations where the State is refused entry and is unable to obtain a warrant or enforce the right of entry;
enforcement of unique and complex standards as determined by the Assistant Secretary; situations when
the State is temporarily unable to exercise its enforcement authority fully or effectively; completion of
enforcement actions initiated prior to the effective date of the agreement; and investigations and inspections
for the purpose of the evaluation of the Puerto Rico plan under sections 18(e) and (f) of the Act (29 U.S.C.
667(e) and (f)). Federal OSHA will also retain authority for coverage of Federal employers and employees,
and the U.S. Postal Service (USPS), including USPS employees, and contract employees and contractoroperated facilities engaged in USPS mail operations. The OSHA Regional Administrator will make a prompt
recommendation for the resumption of the exercise of Federal enforcement authority under section 18(e) of
the Act (29 U.S.C. 667(e)) whenever, and to the degree, necessary to assure occupational safety and health
protection to employees in Puerto Rico.
[65 FR 36630, June 9, 2000]
§ 1952.383 Completion of developmental steps and certification.
top
(a) Position descriptions of State plan personnel by March, 1978.
(b) Public information program (private sector), one year after plan approval.
(c) Analysis for inspection scheduling (private sector), March 1980.
(d) Submit administrative regulations, September, 1978.
(e) Affirmative action plan by July, 1980.
(f) File and promulgate standards, March, 1978.
(g) Adopt the Field Operations Manual, April, 1980.
(h) Adopt management information system, January, 1980.
(i) Internal training schedule, April, 1980.
(j) Employer, employee training schedule, August, 1978.
(k) Public information program (government sector), February, 1980.
(l) Analysis for inspection scheduling (government sector), June, 1980.
(m) Implementation of public employee program, October, 1978.
(n) On-site consultation regulations, March, 1979.
(o) Laboratory, August, 1980.
(p) Posters, February, 1978.
(q) Boiler and Elevator Program, June, 1980.
(r) Staffing on Board for consultation, laboratory, boiler and elevators, February, 1980.
(s) In accordance with §1902.34 of this chapter, the Puerto Rico occupational safety and health plan was
certified effective September 7, 1982, as having completed all developmental steps specified in the plan as
approved on August 15, 1977 on or before August 14, 1980. This certification attests to structural
completion, but does not render judgment on adequacy of performance.
[45 FR 54334, July 15, 1980, as amended at 47 FR 39166, Sept. 7, 1982]
§ 1952.384 Completed developmental steps.
top
(a) In accordance with the requirements of §1952.10, Puerto Rico's safety and health posters for private and
public employees were approved by the Assistant Secretary, on July 2, 1979.
(b) In accordance with 29 CFR 1952.383(a), Puerto Rico submitted position descriptions for State plan
personnel on March 3, 1980, and submitted revised position descriptions on September 8, 1980.
(c) In accordance with 29 CFR 1952.383(b), Puerto Rico submitted its public information program for the
private sector on August 10, 1978.
(d) In accordance with 29 CFR 1952.383(c), Puerto Rico submitted its analysis for inspection scheduling in
the private sector on June 3, 1980.
(e) In accordance with 29 CFR 1952.383(d), Puerto Rico submitted its administrative regulations on
September 13, 1978, and submitted revisions to the regulations on October 27, 1978, March 12, 1979, and
February 14, 1980.
(f) In accordance with 29 CFR 1952.383(e), Puerto Rico has developed an affirmative action plan that was
found acceptable by the United States Office of Personnel Management on March 27, 1981.
(g) In accordance with 29 CFR 1952.383(f), Puerto Rico has promulgated standards identical to Federal
standards and subsequent amendments to reflect changes in and additions to Federal standards. The
Regional Administrator approved these supplements on July 14, 1978 (43 FR 37233), June 18, 1979 (44 FR
71470), June 12, 1979 (44 FR 33751), April 17, 1979 (44 FR 22830), and October 23, 1981 (46 FR 52060).
(h) In accordance with 29 CFR 1952.383(g), Puerto Rico submitted its Field Operations Manuals on July 31,
1980, and submitted a revised supplement adopting the Federal OSHA Field Operations Manuals on
February 25, 1981.
(i) In accordance with 29 CFR 1952.383(h), Puerto Rico has participated in the Federal OSHA Management
Information System since August of 1978.
(j) In accordance with 29 CFR 1952.383(i), Puerto Rico submitted its internal training schedule on May 5,
1980.
(k) In accordance with 29 CFR 1952.383(j), Puerto Rico submitted its employer/employee training schedule
on March 11, 1980, and on February 13, 1981, submitted an updated training schedule.
(l) In accordance with 29 CFR 1952.383(k), Puerto Rico submitted its public information program for the
government sector on March 13, 1980.
(m) In accordance with 29 CFR 1952.383(l), Puerto Rico submitted its analysis for inspection scheduling in
the government sector on August 13, 1980.
(n) In accordance with 29 CFR 1952.383(m), Puerto Rico implemented its public employee program in
October 1978.
(o) In accordance with 29 CFR 1952.383(n), Puerto Rico submitted its on-site consultation regulations on
March 30, 1979.
(p) In accordance with 29 CFR 1952.383(o), Puerto Rico submitted a State plan supplement on its industrial
hygiene laboratory on July 14, 1980.
(q) In accordance with 29 CFR 1952.383(q), Puerto Rico submitted its procedures for a boiler and elevator
inspection program on November 28, 1979. Based on OSHA recommendations, Puerto Rico submitted a
revision to this supplement deleting the boiler and elevator inspection program from the State plan on
November 14, 1980.
(r) In accordance with 29 CFR 1952.383(r), Puerto Rico submitted documentation of staffing levels for the
on-site consultation program and the industrial hygiene laboratory on March 3, 1980. Based on OSHA
recommendations, Puerto Rico deleted staffing for the boiler and elevator inspection program from its State
plan on November 14, 1980.
[44 FR 41429, July 17, 1979, as amended at 47 FR 25329, June 11, 1982]
§ 1952.385 Changes to approved plans.
top
(a) The Voluntary Protection Programs. On December 30, 1993, the Assistant Secretary approved Puerto
Rico's plan supplement, which is generally identical to the Federal Voluntary Protection Program with the
exception of changes to reflect different structure and exclusion of the Demonstration Program.
(b) Legislation. (1) On March 29, 1994, the Assistant Secretary approved Puerto Rico's revised statutory
penalty levels which are the same as the revised Federal penalty levels contained in section 17 of the Act as
amended on November 5, 1990.
(2) [Reserved]
[59 FR 2995, Jan. 14, 1994, as amended at 59 FR 14556, Mar. 29, 1994]
| File Type | application/pdf |
| File Title | Microsoft Word - Document1 |
| Author | troach |
| File Modified | 2011-11-18 |
| File Created | 2011-11-18 |