Exploring OSHA’s Jurisdiction: Understanding OSHA and State Plan States
State Plans drive their own occupational safety and health enforcement, but what is the role of the Occupational Safety and Health Administration (OSHA)? Federal OSHA has a specific process for handling State Plans, which are programs developed by individual states to regulate and enforce workplace safety and health standards within their jurisdictions. These plans must be approved by OSHA and must meet certain criteria to ensure they provide a level of protection that is at least as effective as the federal OSHA program.
While many states have a State Plan, their standards often point back to the Federal OSHA standards. Other states, like California and Oregon, have their own standards that are at least as effective as Federal requirements.
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Federal OSHA’s role
Federal OSHA plays a vital role in coordinating and overseeing the State Plan states. It provides guidance, interpretations of standards, and policies to ensure consistency across states. Federal OSHA also serves as a central repository of knowledge and expertise, assisting State Plans with complex issues, emerging hazards, and regulatory updates.
OSHA’s handling of State Plans falls into five stages:
- Approval process
- Development and implementation
- Monitoring and evaluation
- Technical assistance and support
- Oversight and intervention
Approval process
States establishing their own State Plans must first submit to become a developmental plan to OSHA for review and approval. A developmental plan allows the state three years to build all the structural elements needed to be an effective plan. The plan must demonstrate that the state has the legal authority, resources, and expertise to implement and enforce occupational safety and health standards effectively.
Once the developmental plan is implemented, it can receive certification where OSHA evaluates the plan to ensure it meets the requirements outlined in the Occupational Safety and Health (OSH) Act of 1970. Once the state has had certification for at least one year, it can request final approval of the State Plan under Section 18 (e) of the Act where OSHA relinquishes its authority to the state. Development and implementation
Development and implementation
Once a State Plan is approved, the state assumes responsibility for developing and implementing its own workplace safety and health standards. These standards must be at least as effective as the federal OSHA standards. The state is also responsible for establishing enforcement procedures, inspection protocols, and penalties for non-compliance.
Monitoring and evaluation
OSHA maintains an ongoing relationship with State Plan states to monitor their programs and ensure compliance with federal requirements. OSHA conducts periodic evaluations, often referred to as “biennial evaluations,” to assess the effectiveness of the state programs. These evaluations examine the state’s performance in areas such as enforcement, consultation services, training, and rulemaking.
Technical assistance and support
OSHA provides technical assistance and support to State Plan states to help them establish and maintain effective programs. This assistance includes funding, training, and access to OSHA’s expertise and resources. OSHA also facilitates the exchange of information and best practices among the State Plans and federal OSHA.
Oversight and intervention
While State Plan states have the authority to enforce their own standards, OSHA retains oversight to ensure compliance and consistency. If a State Plan is not meeting the requirements or fails to maintain effectiveness, OSHA can reassume direct enforcement authority in that state. OSHA may also intervene in situations where a state is not adequately addressing workplace hazards or fails to take appropriate enforcement actions.
For example, in April of 2022, OSHA issued a notice proposing reconsideration and revocation of the Arizona State Plan due to fundamental deficiencies in the program, including failure to adopt national emphasis programs. However, OSHA issued a statement in February of 2023 that the proposal was revoked, leaving the State Plan in place in light of Arizona’s efforts to correct the deficiencies.
Key to remember
The handling of State Plans by OSHA reflects a collaborative and cooperative approach to ensure effective workplace safety and health regulation across the country. State Plans are required to be at least as effective as the Federal OSHA requirements. Many states have adopted the standards verbatim and others have gone above and beyond for more stringent requirements. Employers in State Plan states should be sure they know when the Federal OSHA and State Plan standards apply to their company.