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Regulations (Preambles to Final Rules) - Table of Contents
• Record Type: Dipping and Coating Operations
• Section: 10
• Title: Section 10 - X. Federalism

X. Federalism

The final rule which revises the former standards regulating dipping and coating operations has been reviewed for Federalism issues, and the Agency certifies that the final rule has been assessed in accordance with the principles, criteria, and requirements set forth in Sections 2 through 5 of Executive Order 12612.

Executive Order 12612 requires that Federal agencies, to the extent possible, refrain from limiting State policy options, consult with States before taking actions that restrict State policy options, and take such actions only when clear constitutional authority exists and the problem is of national scope. The Executive Order provides for preemption of State law only when Congress has expressed an intent that a Federal agency do so. Any such preemption must be limited to the extent possible.

With respect to States that do not have occupational safety and health plans approved by OSHA under Section 18 of the Occupational Safety and Health Act of 1970 (the "Act") (29 U.S.C. 667), OSHA finds that the final rule conforms to the preemption provisions of the Act. Under these provisions, OSHA is authorized to preempt State promulgation and enforcement of requirements dealing with occupational safety and health issues covered by OSHA standards unless the State has an OSHA-approved State occupational safety and health plan. (See Gade v. National Solid Wastes Management Association, 112 S.Ct. 2374 (1992).) States without such programs are, by 29 U.S.C. 667, prohibited from issuing citations for violations of requirements covered by OSHA standards. The final rule does not expand this limitation.

Regarding States that have OSHA-approved occupational safety and health plans ("State-plan states"), OSHA finds that the final rule complies with Executive Order 12612 because the final rule addresses a problem that is national in scope, and Section 18(c)(2) of the Act (29 U.S.C. 667(c)(2)) requires State-plan States to adopt OSHA's final rule, or develop an alternative rule that is at least as effective as OSHA's final rule. Having already adopted OSHA's former standards regulating dipping and coating operations (or having developed alternative standards acceptable to OSHA), State-plan States are not obligated to adopt the final rule; they may, however, choose to adopt the final rule, and OSHA encourages them to do so.

[64 FR 13897, March 23, 1999]

Regulations (Preambles to Final Rules) - Table of Contents

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