Directives - Table of Contents|
| Record Type:||Instruction|
| Directive Number:||CSP 01-01-027|
| Old Directive Number:||STP 2-1.171|
| Title:||Lead Exposure in Construction: Interim Rule|
| Information Date:||07/06/1993|
OSHA Instruction STP 2-1.171 July 6, 1993 Office of State Programs
Subject: Lead Exposure in Construction: Interim Final Rule
A. Purpose. This instruction describes a Federal Program Change to the Regions and State designees.
B. Scope. This instruction applies OSHA-wide.
C. Reference. OSHA Instruction STP 2-1.117, August 31, 1984, State Standards.
D. Federal Program Change. This instruction describes a Federal Program Change which affects State programs. Each Regional Administrator shall:
E. Different State Standards. Section 18(c) of the Act requires that State standards be "at least as effective" as the Federal and, when applicable to products used or distributed in interstate commerce, the standards must be required by compelling local conditions and not unduly burden interstate commerce. In addition to the "at least as effective" criterion, this "product clause test" will be applied to State standards with substantively different requirements from the comparable Federal standard, as described in STP 2-1.117. A State standard expanded in scope from the Federal is considered to be a substantively different standard.
F. Interim Enforcement. Under 29 CFR 1953.23(a) and (b), State plan States are provided up to six months from publication of the Federal standard in the Federal Register to promulgate an identical or "at least as effective" standard. During the interim period prior to adoption, the State should make every effort to enforce the substantive provisions of the new or revised Federal standard through existing State standards, a general duty clause, or other enforcement mechanism. Federal enforcement assistance will be provided, as necessary, in States without final approval (18(e) determination), and technical assistance in 18(e) final approval States.
G. Effective Date. The interim final rule becomes effective on June 3, 1993. The requirements of paragraphs (c) through (o) of the standard, including administrative controls and feasible work practice controls, but not including engineering controls specified in paragraph (e)(1), must be compiled with within 60 days from the effective date. Feasible engineering controls specified by paragraph (e)(l) of this standard must be implemented within 120 days from the effective date. The effective date for an identical or different State standard may be no later than the date of State promulgation or the Federal effective date, whichever is later. Where a Federal standard contains delayed effective dates for various provisions, the state effective dates for these provisions may be no later than the delayed Federal dates or the date of State promulgation, whichever is later.
David C. Zeigler Acting Assistant Secretary
DISTRIBUTION: National and Regional Offices State Designees 18(b) State Monitors OSHA Training Institute OSHA Computerized Information System (OCIS)
|Directives - Table of Contents|
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