Current as of: February 2010 (a) Assertion of State standards in absence of applicable Federal
standards
Nothing in this chapter 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 655 of this title.
(b) Submission of State plan for development and enforcement of
State standards to preempt applicable Federal standards
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 655 of this title shall submit a State plan for the
development of such standards and their enforcement.
(c) Conditions for approval of plan
The Secretary shall approve the plan submitted by a State under
subsection (b) of this section, or any modification thereof, if
such plan in his judgment -
(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 655 of this title 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 this chapter which is at least as effective
as that provided in section 657 of this title, 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) Rejection of plan; notice and opportunity for hearing
If the Secretary rejects a plan submitted under subsection (b) of
this section, he shall afford the State submitting the plan due
notice and opportunity for a hearing before so doing.
(e) Discretion of Secretary to exercise authority over comparable
standards subsequent to approval of State plan; duration;
retention of jurisdiction by Secretary upon determination of
enforcement of plan by State
After the Secretary approves a State plan submitted under
subsection (b) of this section, he may, but shall not be required
to, exercise his authority under sections 657, 658, 659, 662, and
666 of this title with respect to comparable standards promulgated
under section 655 of this title, 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) of
this section are being applied, but he shall not make such
determination for at least three years after the plan's approval
under subsection (c) of this section. Upon making the determination
referred to in the preceding sentence, the provisions of sections
654(a)(2), 657 (except for the purpose of carrying out subsection
(f) of this section), 658, 659, 662, and 666 of this title, and
standards promulgated under section 655 of this title, 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 658 or 659 of this title before the date of determination.
(f) Continuing evaluation by Secretary of State enforcement of
approved plan; withdrawal of approval of plan by Secretary;
grounds; procedure; conditions for retention of jurisdiction by
State
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) Judicial review of Secretary's withdrawal of approval or
rejection of plan; jurisdiction; venue; procedure; appropriate
relief; finality of judgment
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. 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.
(h) Temporary enforcement of State standards
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 December 29, 1970, whichever is earlier.Legislative History ________________________________________________________________________
Questions & Answers: Employee Health and SafetyU.S. Code Provisions: Employee Health and SafetyState Laws: Employee Health and Safety
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