[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1953.1]

[Page 125]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR--(CONTINUED)
 
PART 1953--CHANGES TO STATE PLANS FOR THE DEVELOPMENT AND ENFORCEMENT OF STATE STANDARDS--Table of Contents
 
                           Subpart A--General
 
Sec. 1953.1  Purpose and scope.


    (a) This part applies to the provisions of section 18 of the 
Williams-Steiger Occupational Safety and Health Act of 1970 (hereinafter 
referred to as the Act) relating to State plans for the development and 
enforcement of State safety and health standards. The provisions of this 
part set forth the procedures by which the Assistant Secretary for 
Occupational Safety and Health (hereinafter referred to as the Assistant 
Secretary) under a delegation of authority from the Secretary of Labor 
(Secretary's Order 12-71, 36 FR 8754, May 12, 1971) will review changes 
in a State plan approved in accordance with section 18(c) of the Act and 
part 1902 of this chapter, and also provide advisory opinions on 
proposed changes to be made by a State in implementing its plan.
    (b)(1) States may submit plans covering any occupational safety and 
health issue with respect to which a Federal standard has been 
promulgated under section 6 of the Act. These plans must meet the 
criteria in section 18(c) of the Act and part 1902 either at the time of 
submission or in any event not later than the three year period 
immediately following commencement of the plan's operation, where the 
plan is developmental.
    (2) The Act provides for discretionary concurrent Federal and State 
authority during this three year developmental period and until the 
Assistant Secretary determines on the basis of actual operations that 
the State is applying the criteria of section 18 of the Act and part 
1902. During the period of concurrent Federal and State authority, as 
well as after a determination has been under section 18(e) that the plan 
is meeting the criteria of the Act and part 1902, the State plan will be 
continually evaluated under section 18(f) of the Act as to the manner in 
which the provisions (including any assurances) are implemented.
    (c)(1) In accordance with section 18(c) of the Act the Assistant 
Secretary is authorized to approve State plans and any modifications to 
these plans. In submitting plans the States have provided assurances 
that they will continue to meet the requirements in section 18(c) of the 
Act and 29 CFR part 1902 during the time the States participate in the 
Federal program. Such assurances are a fundamental basis for approval of 
plans. (See 29 CFR 1902.3(c)(1), (d)(1)). This part establishes 
procedures for review of those modifications (hereinafter referred to as 
changes) that are necessary to fulfill the State's assurances, the 
requirements of the Act, and 29 CFR part 1902. Responsibility for review 
of changes is a separate function, but related to the exercise of 
concurrent authority under section 18(e) of the Act and continuing 
evaluation under section 18(f) of the Act.
    (2) Changes to a plan can be separated into several categories. As 
the State plan is implemented, supplements will be required to meet 
developmental schedules approved as part of the plan. These 
developmental step supplements must be completed within three years 
after commencement of operations under the plan. The development of the 
Federal program and the continuing evaluation of the State programs will 
also require that changes be made in the plans. In addition there could 
be State initiated changes that would have an impact on the 
effectiveness of the State program.
    (d) Because of the States' need to continue an on-going program, 
this part also provides for advisory opinions to requesting States. 
These opinions, while not final decisions under the review procedures 
established in this part will provide the States with a basis for 
operation pending formal review of a change supplement.