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April 7, 1972 STP 2-1.4

OSHA Instruction OSHA Program Directive #72-11 October 30,1978

To: National Office Directors Regional Administrators Assistant Regional Administrators for State Programs

Subject: Review and Analysis of State 18(b) Plans at the National Office

Attachment: State Plan Review - National Office Flow

1. Purpose. This directive provides procedural guidance to staff of the National and Regional Offices and other Federal agencies following receipt of a State 18(b) plan submitted to the Assistant Secretary. Additional instructions will be provided in situations where formal or informal hearings on the plan are proposed, provided upon request, or required.

2. Action

a. A Project Officer shall be appointed for each State 18(b) plan upon receipt of the complete information copy of the plan forwarded by the Regional Administrator to the National Office as soon as the plan is formally submitted to the Regional Office. (See Program Directive # 72-10 dealing with Regional Office review). The Regional Administrator shall be notified immediately of the name of the Project Officer responsible for that plan. This Project Officer shall be assigned overall responsibility for coordinating and expediting the review of the State plan within the National Office of OSHA and among the other interested offices. The Project Officer will distribute, as promptly as possible upon receipt, the plan or sections of it, as appropriate, to the

OSHA Instruction October 30, 1978 STP 2-1.4

Directors of the Office of Compliance, Office of Standards, Office of Training and the Office of Management Data Systems. In addition, one complete copy will be sent to the Associate Solicitor, Division of Occupational Safety and Health, and appropriate parts of the plan will be sent to the Assistant Commissioner, Office of Occupational Safety and Health Statistics, Bureau of Labor Statistics. Each of these offices has appointed a staff member (and one alternate to act in his or her absence) who will have overall review responsibilities for that office. Where several State plans are being reviewed simultaneously, the official reviewer should have the authority to delegate review responsibilities to additional staff members. If a Regional Administrator wishes, he may send one or more members of his staff to attend meetings in the National Office dealing with review of State plans.

b. OSHA Office Directors, the Associate Solicitor, and the Assistant Commissioner will be asked to submit their preliminary written comments concerning the notice to be published in the Federal Register of possible approval or rejection of the plan to the Director of the Office of State Programs within 5 days from the date they receive the plan. The Director of the Office of State Programs shall make his recommendation regarding the plan and notice in the Federal Register to the Assistant Secretary (within 2 weeks of receipt of the plan from the Regional Administrator) based an the Project Officer's recommendation and the preliminary comments from the reviewing offices.

c. The Plan Reviewers with dissenting views will have an opportunity to resolve their differences by conferring with the Director of the Office of State Programs and other staff in the National Office.

OSHA Instruction October 30 1978

d. ARA's desiring to do so may forward any comments. directly to the Office of State Programs.

3a. The Project Officer, with the advice and assistance of the Solicitor, shall be responsible for preparation of the notice in the Federal Register in accordance with Subpart C of Part 1902. The notice shall indicate the submission of the plan, its contents, and any proposals, subject or issues involved and shall provide that the plan and public comments on it, will be available for public inspection and copying at Room 1162, 1726 M St. N. W., Washington, D. C. 20210 as well as at the Regional Office and in the State office designated by that State. As deemed appropriate, the notice may provide for formal or informal hearings.

b. As soon as the publication date in the Federal Register becomes known, the Project Officer shall report it to the proper Regional Administrator so that he may notify the applying State agency of its responsibility to publish a plan submission notice in an appropriate State publication and to make a copy available far inspection.

4a. The Project Officer shall also inform the Plan Reviewers of the publication date so that they will have the maximum amount of time available following the notice in the Federal Register to prepare their official review reports. These reports should be sent to the Project Officer as quickly as possible. Copies of letters and written comments from the public shall be sent to Plan Reviewers and Regional staff for their information and use.

b. The Project Officer will have responsibility for analysis of comments received from the public and official review reports from Plan Reviewers. The final product will be a two-part Summary Report which will include a summary of the comments from

OSHA Instruction October 30, 1978

the public, including any written submissions and exhibits filed during any hearings and a summary of views and opinions from reports sent by reviewing offices. The Project Officer should make certain that the Summary Report reflects staff reservations or questions regarding approval or rejection of the plan. These reports shall be provided to the Director of the Office of Compliance so he may prepare his recommendations regarding continued Federal enforcement of Federal standards in areas covered by the plan. (See Section 1902.20(b)(1)(iii) of Part 1902).

5a. The Summary Report prepared by the Project Officer shall be presented to a Final Review Board consisting of the Deputy Assistant Secretary, the Associate Solicitor and the Director of Program Operations. Based on the summary report, the plan itself, and other pertinent information, this Board shall make its final recommendation to the Assistant Secretary as to what course of action should be taken. b. The Assistant Secretary shall then make his decision concerning the State Plan in accordance with provisions outlined in Sections 1902.20 through 1902.23. All decisions approving or disapproving a plan shall be published in the Federal Register.

6. Filing. This directive is effective immediately and remains in effect until rescinded.

Chain Robbins Deputy Assistant Secretary/Administrator

DISTRIBUTION:

National Office 1 Field:

A/Sec (3) Regional Administrators (3) Dep. A/Sec (1) RAO (2) 3 Spec. Assts (1) ARA's Directors (3) 2 Regional Directors (1) SOL (20) SOL Regional Attorneys(2) BLS (1) Regional Review Commissions(1) Review Commission(6) Training Institute (1) HEW (1) HEW Regional Program Directors (originator: OS) (1)