Directives - Table of Contents|
| Record Type:||Instruction|
| Directive Number:||CSP 01-01-028|
| Old Directive Number:||STP 2-1.172|
| Title:||Electric Power Generation, Transmission, and Distribution; Electrical Protective Equipment; Final Rule|
| Information Date:||04/15/1994|
OSHA Instruction STP 2-1.172 April 15, 1994 Office of State Programs
Subject: Electric Power Generation, Transmission, and Distribution; Electrical Protective Equipment; 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. Federal Program Change. This instruction describes a Federal Program Change which effects State programs. Each Regional Administrator shall:
D. 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.
E. 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.
F. Effective Date. The final rule, except for 29 CFR 1910.269(a)(2), is effective on May 31, 1994. Paragraph (a)(2) of CFR 1910.269 which concerns training requirements, is effective on January 31, 1995. The effective date for an identical or different State promulgation or the Federal effective date, whichever is later. Where a Federal standard contains delayed effective dates for various provisions, the State effective date for these provisions may be no later than the delayed Federal dates or the date of State promulgation, whichever is later.
Joseph A. Dear 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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