Pursuant to 1902.20(b)(1)(iii) and 1952.3 of this chapter under which a revised agreement has been
entered into between Frank Strasheim, OSHA Regional Administrator, and Ron Rinaldi, Director, California Department of Industrial Relations, effective
October 5, 1989, and based on a determination that California is operational in the issues covered by the California occupational safety and health
plan, discretionary Federal enforcement authority under section 18(e) of the Act (29 U.S.C. 667(e) will not be initiated with regard to Federal
occupational safety and health standards in issues covered under 29 CFR Part 1910 and 29 CFR Part 1926, and 29 CFR Part 1928, except as set forth
The U.S. Department of Labor will continue to exercise authority, among other things, with regard
Specific Federal standards which the State has not yet adopted or with respect to which the State
has not amended its existing State standards when the Federal standard provides a significantly greater level of worker protection than the
corresponding Cal/OSHA standard, enforcement of new permanent and temporary emergency Federal standards until such time as the State shall have
adopted equivalent standards, and enforcement of unique and complex standards as determined by the Assistant Secretary.
The following maritime activities:
Longshore operations on vessels from the shore side of the means of access to said
Marine vessels construction operations (from the means of access of the shore).
All afloat marine ship building and repair from the foot of the gangway.
All ship building and repair in graving docks or dry docks.
All ship remaining done in marine railways or similar conveyances used to haul vessels out of the
All floating fuel operations.
All afloat dredging and pile driving and similar operations.
All diving from vessels afloat on the navigable waters.
All off-shore drilling rigs operating outside the 3-mile limit.
Any hazard, industry geographical area, operation or facility over which the State is unable to
exercise jurisdiction fully or effectively.
Private contractors on Federal installations where the Federal agency claims exclusive Federal
jurisdiction, challenges State jurisdiction and/or refuses entry to the State; such Federal enforcement will continue at least until the
jurisdictional question is resolved at the National level between OSHA and the cognizant Federal agency.
Complaints filed with Federal OSHA alleging discrimination under section 11(c) of the OSH
Completion of Federal enforcement actions initiated prior to the effective date of the
Situations where the State is refused entry and is unable to obtain a warrant or enforce the right
Enforcement in situations where the State temporarily is unable to exercise its enforcement
authority fully or effectively.
Federal government employers and employees; and the U.S. Postal
Service (USPS), including USPS employees, and contract employees and
contractor-operated facilities engaged in USPS mail operations.
As required by section 18(f) of the Act, OSHA will continue to monitor the operations of the California
State program to assure that the provisions of the State plan are substantially complied with and that the program remains at least as effective as
the Federal program. The Regional Administrator for Occupational Safety and Health will make a prompt recommendation for the resumption of the
exercise of Federal enforcement authority under section 18(e) of the Act (29 U.S.C. 667(e) whenever, and to the degree, necessary to assure
occupational safety and health protection to employees in California.
[55 FR 28613, July 12, 1990; 65 FR 36622, June 9, 2000]