Question: Are state plans required to adopt similar guidelines?

Answer: The Occupational Safety and Health Act requires State Plans to be at least as effective as OSHA in the enforcement of occupational safety and health standards. As part of this obligation, State Plans must have formal written policies and procedures on their compliance program, including for penalties, which are at least as effective as the procedures in OSHA’s Field Operations Manual (FOM). OSHA has determined that the recent updates to Chapter 6 of the FOM: Penalties and Debt Collection, do not result in more stringent enforcement. Consequently, State Plans may, but are not required to, make these same or other at least as effective changes to their policies and procedures.