- Part Number:1902
- Part Number Title:STATE PLANS FOR THE DEVELOPMENT AND ENFORCEMENT OF STATE STANDARDS
- Subpart:1902 Subpart A
- Subpart Title:General
- Standard Number:
- Title:Purpose and scope.
- GPO Source:
This part applies the provisions of section 18 of the Williams-Steiger Occupational Safety and Health Act of 1970 (hereinafter referred to as the Act) relating to State plans for the development and enforcement of State occupational safety and health standards. The provisions of the part set forth the procedures by which the Assistant Secretary for Occupational Safety and Health (hereinafter referred to as the Assistant Secretary) under a delegation of authority from the Secretary of Labor (Secretary's Order No. 12-71, 36 FR 8754, May 12, 1971) will approve or reject State plans submitted to the Secretary. In the Act, Congress declared it to be its purpose and policy"* * * to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources\" by, among other actions and programs."* * * encouraging the State to assume the fullest responsibility for the administration and enforcement of their occupational and health laws.\" Section 18(a) of the Act is read as preventing any State agency or court from asserting jurisdiction under State law over any occupational safety or health issue with respect to which a Federal standard has been issued under section 6 of the Act. However, section 18(b) provides that any State that desires to assume responsibility for the development and enforcement therein of occupational safety and health standards relating to issues covered by corresponding standards promulgated under section 6 of the Act shall submit a plan for doing so to the Assistant Secretary.
Whenever the Assistant Secretary determines, after giving notice and affording the State an opportunity for a hearing, that in the administration of the State plan there is a failure to comply substantially with any provision of the plan or any assurance contained therein, he shall withdraw approval of such plan in whole or in part, and upon notice the State shall cease operations under any disapproved plan or part thereof, except that it will be permitted to retain jurisdiction as to any case commenced before withdrawal of approval whenever the issues involved do not relate to the reasons for the withdrawal of the plan.
[36 FR 20751, Oct. 29, 1971, as amended at 61 FR 9230, March 7, 1996]