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• Record Type: Instruction
• Directive Number: CSP 01-01-001
• Old Directive Number: STP 2.1
• Title: Standard Comparison Format for 18(b) Plans
• Information Date: 10/30/1978

OSHA Instruction STP 2.1 October 30, 1978

April 28, 1972

OSHA Program Directive No. 72-14

To: Regional Administrators, Assistant Regional Administrators for State Programs, National Office Directors

Subject: Standard Comparison Format for 18(b) Plans

Attachment - Examples of optional formats for initial standards

comparison

1. Purpose. To provide guidelines and establish a format for standards comparison for States submitting 18(b) plans.

2. Directives Affected. None.

3. Explanation. States have requested guidance on the method and format that should be used in comparing State standards with Federal standards in the development and submission of 18(b) plans. The States are especially interested in the time period within which the comparison must be accomplished, the amount of detail which will be required in the standard comparison, and the way in which OSHA will judge the effectiveness of the State standards.

4. Action.

A. Any States engaged in the process of comparing State and Federal standards to determine the "effectiveness" of State standards must adhere to the following system of comparison:
1. State standards should be organized similarly to the Federal standards contained in Part 1910. For each Federal standard the State must show, using a side by side comparison, their standard(s) which the State deems to be "at least as effective". The Federal standards will be arranged (see attachment for examples) in sequential order

OSHA Instruction STP 2.1 October 30, 1978

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in groupings no smaller than a section in subparts B or R of Part 1910 or in one or more of the remaining subparts of Part 1910.

2. All State standards corresponding to Federal standards must be justified with a rationale as to why the State standards are "at least as effective as" the Federal standards unless the State standards are identical, on a word for basis, to the Federal standard. If the State has no comparable State standard or if the State standard is not "as least as effective as" the Federal standard, the State will indicate in detail what action it anticipates taking to correct this situation. Included in this explanation will be the amended or new standard, word for word, (if the State plans to adopt the Federal standard, it should be cited), the time schedule for the change, the scope of the new standard, and the rationale for its effectiveness.

3. The State must indicate the scope of the State standard, i.e., must specify any geographic areas where the standard is not enforceable, or any items which are exempt from the State standard. (e.g. "this standard is not applicable to airplanes." Or, "this standard is not enforceable in Wade and Booth counties because of the home rule provision.")

B. Except under the following conditions all standard comparisons will contain word for word comparisons of the State and Federal standards, the scope of the State standard, and the State's rationale of the effectiveness of the State standard.

1. If the State adopts the Federal standards as contained in Part 1910 and is, therefore, identical word for word to the Federal standard, the State may cite both the applicable part of Part 1910 and the corresponding State standard.

OSHA Instruction STP 2.1 October 30, 1978

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In this instance the State standard cited must accompany the plan and be properly identified as to location in the document. In this case the rationale for effectiveness would not be necessary. However, the State would still need to identify the scope of each standard.

2. If a State is unable, because of time limitations, to include verbatim texts of both the State and Federal standards, the State may use citations for both State and Federal standards. In this case the plan would be considered developmental and therefore the State must include a time schedule, not exceeding three years, showing when a complete word for word comparison would be submitted. The scope and effectiveness rationale would need to accompany the cited standards when the initial submittal is made. As provided in A(2) above the rationale will include as appropriate, any proposed new standard and time schedule for its adoption.

C. In developing their rationale for effectiveness, the States should know that specification type standards will be normally compared on a quantity-measure basis. Performance type standards will be compared on the basis of methods, techniques, devices, controls, etc. The criteria to be met by either the specification or performance type standards is as follows:

State Federal Rationale

Spec. Perf. show how specification

standard meets our performance standard.

Perf. Spec. show how performance

standard would result in meeting our specification standard.

OSHA Instruction STP 2.1 October 30, 1978

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Perf. Perf. show how performance

standard equals our performance standard.

Spec. Spec. show how specification

standard equals our specification standard.

The State will be required to show why in its opinion a deviation from the Federal standard meets the "at least as effective as" test.

D. Further guidelines will be developed on a standard comparison format for product standards which are used or distributed in interstate commerce. These guidelines will be forwarded to the Regions as soon as the Solicitor gives an opinion on this matter.

E. States that have already started their standards comparison will not be required to revise completed work to meet the formats shown in the attachment as long as the basic information is contained in their comparison and in a form usable for review. However, upon receipt of this directive, the ARA/SP shall notify the States to begin using the attached format in all incomplete standards comparison work.

5. Filing. This directive will be retained until further notice.

Chain Robbins Deputy Assistant Secretary/Administrator

Attachments

Distribution:

National Office 1 Field:
A/Sec. (3) Regional Administrators (3) Dep. A/Sec (1) RAO (2) 3 Spec. Assts (1) ARA's 1 Directors (3) 2 SOL Regional Attorneys (2) SOL (20) Regional Directors (1) BLS (1) Regional Review Commission (1) Review Commission (6) Training Institute (1)

(Originator OS)

OSHA Instruction STP 2.1 October 30, 1978

EXAMPLE
Examples of Formats for Initial Standard Comparison

1. When the State has adopted the Federal standards only a citation is needed along with an indication of scope. Certification that the State has adopted the Federal standards must be in the plan. The State standard cited will accompany the plan and be properly identified as to location in the document.

Federal State Scope Rationale

1910.110(b)(19)(iii) State Admin Applicable identical Code 916(4) throughout the State

2. When the State has (a) no applicable standard or (b) a standard judged by the State to be "not as least as effective as", and the State plans to adopt the Federal standard, the Federal standard may be cited and a detailed explanation of action must be indicated under rationale. The scope and timetable for promulgation must also be presented.

Federal State Scope Rationale

1910.215 (b)(3) (a) None This standard As provided

will be applic- by the State (b) State Admin able to all Occupational Code 372.1(a) abrasive wheel Safety and machinery in Health Act, the State. The Federal standard [1910.215(b)(3)] will be adopted within 6 months after approval of the Plan.

OSHA Instruction STP 2.1 October 30, 1978

EXAMPLE

3. When the State has (a) no applicable standard or (b) a standard judged by the State to be "not at least as effective as" and the State plans to develop a new standard, the verbatim text of the Federal standard must be shown. A presentation of the scope, rationale and the verbatim text of the new State standard, if available, must be given. Where not evident from the verbatim language of the new State standard, the rationale must compare the subject elements in the State standard with those in the Federal standard and give the reasons for their being "at least as effective as." The timetable for the promulgation of the standard must be indicated.

Federal State

1910.94(c)(7)(i) The standard Clean fresh air will read: "Clean free of contamination fresh air, free of from adjacent industrial contamination from exhaust systems, adjacent industrial chimneys, stacks, or exhaust systems, vents, shall be chimneys, stacks supplied to a spray or vents shall be booth or room in supplied to a room quantities equal to in quantities equal the volume of air to the volume of exhausted through air exhausted." the spray booth.

Scope Rationale

This standard As provided will be applicable by the State to all Occupational establishments Safety and in the State. Health Act, the commissioner will promulgate the new standard by July 31, 1973. The State standard is more effective than the Federal standard because it is applicable to any room from which air is exhausted not just a spray booth.

OSHA Instruction STP 2.1 October 30, 1978

EXAMPLE

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4. When the State has judged its standard to be "at least as effective as" the Federal standard, both verbatim texts must be shown in the comparison. A presentation of the scope and rationale must be made. Where not evident from the verbatim language of the State standard the rationale must compare the subject elements in the State standard with those in the Federal standard and give reasons for their being "at least as effective as."

Federal State Scope

1910.94(a)(2)(ii) State Code 118.8 applicable the concentration Equipment operations throughout of respirable dust and processes the State or fume in the shall not discharge breathing zone of into the atmosphere the abrasive-blasting of the place of operator or any employment a contaminant other worker shall that exceed the be kept below the threshold limit levels specified values specified in in 1910.93 State Code 123.

Rationale

The State standard is more effective because "the atmosphere of the place of employment" is broader that "the breathing zone."

5. When the State, due to time limitations, does not give the verbatim text of the Federal and State standards, they must cite both standards and give the scope and the effectiveness rationale of the State standard. A time schedule for a full submission of the verbatim text must be given.

Federal State Scope Rationale

1910.94(a)(2)(ii) State Code Applicable The State 118.8 throughout standard is the State. more effective because the applicability of the State standard is greater than the Federal standard. A verbatim text will be given by Jan. 31, 1973.


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