• Part Number:
  • Part Number Title:
    State Plans for the Development and Enforcement of State Standards
  • Subpart:
    1902 Subpart D
  • Subpart Title:
    Procedures for Determinations Under section 18(e) of the Act
  • Standard Number:
  • Title:
  • GPO Source:

As used in this subpart, unless the context clearly indicates otherwise:

Act means the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.)

Affirmative 18(e) determination means an affirmative determination under section 18(e) of the Act that the State plan or any modification thereof, is in actual operation meeting the criteria and indices of section 18(c) of the Act and subpart B of this part so as to warrant the withdrawal of the application of discretionary Federal enforcement and standards authority from issues covered by the plan, or by any modification thereof.

Assistant Regional Director means the Assistant Regional Director for Occupational Safety and Health for the region in which a State is located.

Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health.

Commencement of a case under section 18(e) of the Act means, for the purpose of retaining Federal jurisdiction despite an affirmative 18(e) determination, the issuance of a citation, and in the case of an imminent danger, the initiation of enforcement proceedings under section 13 of the Act.

Commencement of plan operations means the beginning of operations under a plan following the approval of the plan by the Assistant Secretary and in no case may be later than the effective date of the initial funding grant provided under section 23(g) of the Act.

Development step includes, but is not limited to, those items listed in the published developmental schedule, or any revisions thereof, for each plan. A developmental step also includes those items specified in the plan as approved under section 18(c) of the Act for completion by the State, as well as those items which under the approval decision were subject to evaluations and changes deemed necessary as a result thereof to make the State program at least as effective as the Federal program within the 3 years developmental period. (See 29 CFR 1953.4(a)).

Initial approval means approval of a State plan, or any modification thereof, under section 18(c) of the Act and subpart C of this part.

Person means any individual, partnership, association, corporation, business trust, legal representative, organized group of individuals, or any agency, authority or instrumentality of the United States or of a State.

Separable portion of a plan for purposes of an 18(e) determination generally means more than one industrial, occupational or hazard grouping as defined in § 1902.2(c)(1) which is administratively practicable and reasonably separable from the remainder of the plan. (See 29 CFR 1952.6(a).)

[40 FR 54782, Nov. 26, 1975; 67 FR 60128, Sept. 25, 2002; 80 FR 49903, Aug. 18, 2015]