Section 18. 29 USC 667

SEC. 18. State Jurisdiction and State Plans
(a) Nothing in this Act shall prevent any State agency or court from asserting
jurisdiction under State law over any occupational safety or health issue with
respect to which no standard is in effect under section 6.
(b) Any State which, at any time, desires to assume responsibility for development
and enforcement therein of occupational safety and health standards relating to
any occupational safety or health issue with respect to which a Federal standard
has been promulgated under section 6 shall submit a State plan for the
development of such standards and their enforcement.
(c) The Secretary shall approve the plan submitted by a State under subsection
(b), or any modification thereof, if such plan in his judgement -(1) designates a State agency or agencies as the agency or agencies
responsible for administering the plan throughout the State,
(2) provides for the development and enforcement of safety and health
standards relating to one or more safety or health issues, which standards
(and the enforcement of which standards) are or will be at least as effective in
providing safe and healthful employment and places of employment as the
standards promulgated under section 6 which relate to the same issues, and
which standards, when applicable to products which are distributed or used in
interstate commerce, are required by compelling local conditions and do not
unduly burden interstate commerce,
(3) provides for a right of entry and inspection of all workplaces subject to the
Act which is at least as effective as that provided in section 8, and includes a
prohibition on advance notice of inspections,
(4) contains satisfactory assurances that such agency or agencies have or will
have the legal authority and qualified personnel necessary for the enforcement
of such standards,
(5) gives satisfactory assurances that such State will devote adequate funds to
the administration and enforcement of such standards,
(6) contains satisfactory assurances that such 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,
(7) requires employers in the State to make reports to the Secretary in the
same manner and to the same extent as if the plan were not in effect, and
(8) provides that the State agency will make such reports to the Secretary in
such form and containing such information, as the Secretary shall from time to
time require.
(d) If the Secretary rejects a plan submitted under subsection (b), he shall afford
the State submitting the plan due notice and opportunity for a hearing before so
doing.

29 USC 667

(e) After the Secretary approves a State plan submitted under subsection (b), he
may, but shall not be required to, exercise his authority under sections 8, 9, 10,
13, and 17 with respect to comparable standards promulgated under section 6, for
the period specified in the next sentence. The Secretary may exercise the
authority referred to above until he determines, on the basis of actual operations
under the State plan, that the criteria set forth in subsection (c) are being applied,
but he shall not make such determination for at least three years after the plan's
approval under subsection (c). Upon making the determination referred to in the
preceding sentence, the provisions of sections 5(a)(2), 8 (except for the purpose
of carrying out subsection (f) of this section), 9, 10, 13, and 17, and standards
promulgated under section 6 of this Act, shall not apply with respect to any
occupational safety or health issues covered under the plan, but the Secretary
may retain jurisdiction under the above provisions in any proceeding commenced
under section 9 or 10 before the date of determination.
(f) The Secretary shall, on the basis of reports submitted by the State agency and
his own inspections make a continuing evaluation of the manner in which each
State having a plan approved under this section is carrying out such plan.
Whenever the Secretary finds, after affording due notice and opportunity for a
hearing, that in the administration of the State plan there is a failure to comply
substantially with any provision of the State plan (or any assurance contained
therein), he shall notify the State agency of his withdrawal of approval of such
plan and upon receipt of such notice such plan shall cease to be in effect, but the
State may retain jurisdiction in any case commenced before the withdrawal of the
plan in order to enforce standards under the plan whenever the issues involved do
not relate to the reasons for the withdrawal of the plan.
(g) The State may obtain a review of a decision of the Secretary withdrawing
approval of or rejecting its plan by the United States court of appeals for the
circuit in which the State is located by filing in such court within thirty days
following receipt of notice of such decision a petition to modify or set aside in
whole or in part the action of the Secretary. A copy of such petition shall forthwith
be served upon the Secretary, and thereupon the Secretary shall certify and file in
the court the record upon which the decision complained of was issued as provided
in section 2112 of title 28, United States Code. Unless the court finds that the
Secretary's decision in rejecting a proposed State plan or withdrawing his approval
of such a plan is not supported by substantial evidence the court shall affirm the
Secretary's decision. The judgment of the court shall be subject to review by the
Supreme Court of the United States upon certiorari or certification as provided in
section 1254 of title 28, United States Code.
(h) The Secretary may enter into an agreement with a State under which the
State will be permitted to continue to enforce one or more occupational health and
safety standards in effect in such State until final action is taken by the Secretary
with respect to a plan submitted by a State under subsection (b) of this section, or
two years from the date of enactment of this Act, whichever is earlier.

Section 18 of the OSH Act

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