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1995-01-22
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INFORMATION DATE 19920814
DESCRIPTION USDOL Program Highlights, State Job Safety and Health
Programs
TOPIC Safety and Health Programs
SUBJECT State Job Safety and Health Programs
ABSTRACT The Occupational Safety and Health Act of 1970
encourages states to develop and operate their own job
safety and health plans. OSHA approves and monitors
states' plans and provides up to 50 percent of an
approved plan's operating costs. States must set job
safety and health standards at least as effective as
comparable federal standards. Most states adopt
standards identical to federal ones. A state must
conduct inspections to enforce its standards, cover
state and municipal employees, and operate
occupational safety and health training and education
programs. Anyone finding inadequacies or other
problems in the administration of a state's program
may file a complaint with the appropriate regional
administrator for OSHA.
U.S. Department of Labor
Program Highlights
_________________________________________________________________________
__________________________________________
Fact Sheet No. OSHA 92-15
STATE JOB SAFETY AND HEALTH PROGRAMS
The Occupational Safety and Health Act of 1970 encourages states to
develop and operate their own job safety and health plans. The
Occupational Safety and Health Administration (OSHA) approves and
monitors states' plans and provides up to 50 percent of an approved
plan's operating costs.
States must set job safety and health standards at least as
effective as comparable federal standards. (Most states adopt standards
identical to federal ones.) States have the option to promulgate
standards covering hazards not addressed by federal standards.
A state must conduct inspections to enforce its standards, cover
state and municipal employees, and operate occupational safety and health
training and education programs. In addition, most states provide free
consultation to help employers identify and correct workplace hazards.
To gain OSHA approval for a "developmental plan," the first step in
the state plan process, a state must assure OSHA that within three years
it will have in place all the structural elements necessary for an
effective occupational safety and health program. These elements
include: appropriate legislation; procedures for standard setting,
enforcement, appeal of citations and penalties; and a sufficient number
of competent enforcement personnel.
There are currently 23 states or jurisdictions operating complete
state plans (covering both the private sector and state and local
government employees) and two, Connecticut and New York, which cover
public employees only. Eight other states were approved at one time but
subsequently withdrew their programs.
Once a state has completed and documented all its developmental
steps, it is eligible for certification. Certification renders no
judgment as to actual state performance, but merely attests to the
structural completeness of the plan.
At any time after plan approval, when it appears that the state is
capable of independently enforcing standards, OSHA may sign an
"operational status agreement" with the state. This commits OSHA to
voluntarily limit discretionary federal enforcement in all or certain
activities covered by the state plan.
The ultimate accreditation of a state's plan is called "final
approval." When OSHA grants final approval to a state, it relinquishes
its authority to cover occupational safety and health matters covered by
the state. After at least one year following
certification, the state becomes eligible for final approval if OSHA
determines that it is providing worker protection "at least as effective"
as the protection provided by the federal program. The state also must
meet 100 percent of the established compliance staffing levels
(benchmarks) and participate in OSHA's computerized inspection data
system, the Integrated Information Management System (IMIS), before OSHA
can grant final approval. The following 14 states have received final
approval: Alaska, Arizona, Hawaii, Indiana, Iowa, Kentucky, Maryland,
Minnesota, South Carolina, Tennessee, Utah, Virgin Islands, Virginia, and
Wyoming.
Anyone finding inadequacies or other problems in the administration
of a state's program may file a complaint with the appropriate regional
administrator for OSHA. The complainant's name is kept confidential.
OSHA investigates all such complaints, and, where complaints are found to
be valid, requires appropriate corrective action on the part of the
state.
# # #
This is one of a series of fact sheets highlighting U.S. Department of
Labor programs. It is intended as a general description only and does not
carry the force of legal opinion. This information will be made available
to sensory impaired individuals upon request. Voice phone: (202) 523-8151.
TDD message referral phone: 1-800-326-2577.