To carry out the responsibilities for continuing evaluation of State plans under section 18(f) of the
Act, the Assistant Secretary has established a State Program Performance Monitoring System. Evaluation under this monitoring system encompasses both
the period before and after a determination has been made under section 18(e) of the Act. The monitoring system is a three phased system designed to
assure not only that developmental steps are completed and that the operational plan is, in fact, at least as effective as the Federal program with
respect to standards and enforcement, but also to provide a method for continuing review of the implementation of the plan and any modifications
thereto to assure compliance with the provisions of the plan during the time the State participates in the cooperative Federal-State
Phase I of the system begins with the initial approval of a State plan and continues until the
determination required by section 18(e) of the Act is made. During Phase I, the Assistant Secretary will secure monitoring data to make the following
What should be the level of Federal enforcement;
Should plan approval be continued; and (3) What level of technical assistance is needed by the State
to enable it to have an effective program.
Phase II of the system relates to the determination required by section 18(e) of the Act. The Assistant
Secretary must decide, after no less than three years following approval of the plan, whether or not to relinquish Federal authority to the State for
Issues covered by the occupational safety and health program in the State plan. Phase II will be a comprehensive evaluation of the total State
program, drawing upon all information collected during Phase I.
Phase III of the system begins after an affirmative determination has been made under section 18(e) of
the Act. The continuing evaluation responsibility will be exercised under Phase III, and will provide data concerning the total operations of a State
program to enable the Assistant Secretary to determine whether or not the plan approval should be continued or withdrawn.
The State program performance monitoring system provides for, but is not limited to, the following
major data inputs:
Quarterly and annual reports of State program activity;
Visits to State agencies;
On-the-job evaluation of State compliance officers; and
Investigation of complaints about State program administration.