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OSHA Instruction STP 2-2.9 April 3, 1981 Office of State Programs

Subject: State Posters

A. Purpose. This instruction provides guidance to the Regional Administrators on the review and approval of State Posters.

B. Scope. This instruction applies to all Regional Administrators and all States with approved 18(b) plans.

C. Reference. 29 CFR 1952.10, Requirements for Approval of State Posters.

D. Cancellation. OSHA Instructions STP 2.4, July 12, 1974, STP 2.6, February 13, 1976, and STP 2-1.20, April 29, 1976, are canceled.

E. Action. Each Regional Administrator shall:

1. Ensure that this instruction is forwarded to State designees; and

2. Ensure that the Region's responsibilities in paragraph G. of this instruction are carried out.

F. Background.

1. In order to inform employees of their protections and obligations under applicable State law, of the areas/issues not covered by the State plan, and of the continuing availability of Federal monitoring under Section 18(f) of the Act through the filing of a Complaint About State Program Administration (CASPA), States with approved plans are required to develop and require employers to post a State poster meeting the requirements contained in 29 CFR 1952.10.

2. If the State plan has employee protection provisions and obligations that are additional to those provided under the Federal program, the State should include notice of these provisions in the poster. Examples of such provisions would be any employee sanction, employer responsibility to furnish personal protective equipment, etc.

OSHA Instruction STP 2-2.9 April 3, 1981 Office of State Programs

3. As public employees are excluded from coverage under the Act, the State poster must give notice to State and local government employees of the occupational safety and health protections extended to them under State law and the provisions (such as penalties and citations) which are different from those in the State's private sector program. This may be accomplished in several ways, including having one poster applicable to both private and public sector employees but containing additional information on public sector coverage or having two separate State posters, one for public employees and one for private employees.

4. It is the opinion of SOL that since public employees are excluded from coverage under the Act, OSHA has no authority to investigate and act upon 11(c) discrimination complaints filed by State and local government employees. State posters must inform public employees of their right to file such discrimination complaints with the State under comparable provisions of State law.

5. This instruction reformats and consolidates OSHA Instructions STP 2.4, STP 2.6 and STP 2-1.20, with no substantive changes made.

G. Roles and Responsibilities. The Regional Administrator shall ensure in the review of State poster submissions that:

1. State posters conform with the requirements set forth in 29 CFR 1952.10;

2. State posters include necessary supplemental information on public sector coverage;

3. State posters enumerate any provisions which are additional to or different from those in the Federal program; and

OSHA Instruction STP 2-2.9 April 3, 1981 Office of State Programs

4. The portion of the State poster which deals with discrimination complaints makes it clear that public employees may only file such complaints with the State, whereas private sector employees may file with either the State or Federal OSHA.

Bruce Hillenbrand Acting Director, Federal Compliance and State Programs

DISTRIBUTION: National and Regional Offices State Designees