Regulations (Preambles to Final Rules) - Table of Contents Regulations (Preambles to Final Rules) - Table of Contents
• Record Type: Abatement Verification
• Section: 10
• Title: Section 10 - X. State Plans

X. State Plans

Currently, 25 states and other jurisdictions have OSHA-approved occupational safety and health plans. These 25 jurisdictions are: Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Virgin Islands, Washington, and Wyoming; Connecticut and New York have State Plan jurisdiction for state and local government employees only.

The 25 jurisdictions with their own OSHA-approved occupational safety and health plans are required to adopt a regulation on abatement verification and employee notification that is at least as effective as this Federal regulation within six months of the publication date of the final regulation.

Current State abatement-verification and employee-notification procedures are described in State field operations manuals and/or directives. Although these state procedures may differ from the federal procedures, the State Plan States, like Federal OSHA, generally lack regulations or statutory provisions specifically addressing this issue, and thus do not by regulation compel employers to submit abatement-certification letters or other documents to them; the exceptions are Wyoming and California, which have a regulation and legislation, respectively, that require employers to submit abatement-certification documents be submitted to the state occupational safety and health agencies.

Existing State abatement-certification procedures are identical to the current Federal practices except as described below:

(1) The following nine States have abatement-certification forms:

Alaska, California, Kentucky, Michigan, North Carolina, Oregon, South Carolina, Washington, and Wyoming. On these forms, employers describe the specific actions taken to correct each alleged violation. Alaska, Oregon, Washington, Michigan, and Kentucky also ask for documentary evidence of abatement. Alaska requires employers to certify, under penalty of perjury, that the violations were abated by the dates specified.

(2) For serious violations, California has adopted legislation that requires an abatement statement to be signed under penalty of perjury.

(3) Minnesota requests a progress report for all serious, and most other, violations of the State's general industry and construction standards.

(4) Washington schedules follow-up inspections every six months to assess progress made on lengthy or multi-step abatement plans.

(5) Some states (e.g., South Carolina and California) send a reminder letter to employers just before the abatement-certification form is due. Washington reminds employers of this event by letter or telephone. Kentucky and California also send follow-up letters if the form is overdue.

(6) Maryland tracks informal conference settlements to determine if the abatement documentation is adequate.

(7) Wyoming has an enforcement regulation requiring submission of written documents stating the date abatement was accomplished. Failure to do so can result in a civil penalty. Wyoming also can take legal action to enforce submission of abatement letters.

(8) New York, which covers only state and local government employees, conducts follow-up inspections to validate abatement of every violation; employers are not asked to send abatement-certification information to the state agency.

A number of states have "red-tag" authority, which allows them to issue a restraining order in an immediate-danger situation involving hazardous equipment (or other condition or practice). This red tag authority is different from the orange warning tag required by the abatement verification and employee notification regulation; use of orange warning tags does not prohibit operation of cited equipment, while use of red tags does prohibit such operation.

List of Subjects in 29 CFR Part 1903

Abatement; Abatement certification; Abatement plan; Progress reports; Abatement verification; Employee notification; Movable equipment; Occupational safety and health; Posting; Tags.

Authority

This document was prepared under the direction of Gregory R. Watchman, Acting Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Ave., N.W., Washington, D.C. 20210. The final regulation is issued pursuant to Sections 8(c)(1), 8(g), and 9(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657, 658).

Signed in Washington, D.C., this 19th day of March 1997.

Gregory R. Watchman,

Acting Assistant Secretary of Labor.


Regulations (Preambles to Final Rules) - Table of Contents Regulations (Preambles to Final Rules) - Table of Contents