[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1902.42]

[Page 24]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1902--STATE PLANS FOR THE DEVELOPMENT AND ENFORCEMENT OF STATE STANDARDS
--Table of Contents
 
 Subpart D--Procedures for Determinations Under Section 18(e) of the Act
 
Sec. 1902.42  Effect of affirmative 18(e) determination.

    (a) In making an affirmative 18(e) determination, the Assistant 
Secretary determines that a State has applied the provisions of its 
plan, or any modification thereof, in accordance with the criteria of 
section 18(c) of the Act and that the State has applied the provisions 
of this part in a manner which renders the actual operations of the 
State program ``at least as effective as'' operations under the Federal 
program.
    (b) In the case of an affirmative 18(e) determination of a separable 
portion(s) of a plan, the Assistant Secretary determines that the State 
has applied the separable portion(s) of the plan in accordance with the 
criteria of section 18(c) of the Act in a manner comparable to Federal 
operations covering such portions and that the criteria of this part are 
being applied in a manner which renders the actual operations of such 
separable portion(s) of the State program ``at least as effective as'' 
operations of such portions under the Federal program.
    (c) Upon making an affirmative 18(e) determination, the standards 
promulgated under section 6 of the Act and the enforcement provisions of 
section 5(a)(2), 8 (except for the purpose of continuing evaluations 
under section 18(f) of the Act), 9, 10, 13 and 17 of the Act shall not 
apply with respect to those occupational safety and health issues 
covered under the plan for which an affirmative 18(e) determination has 
been granted. The Assistant Secretary shall retain his authority under 
the above sections for those issues covered in the plan which have not 
been granted an affirmative 18(e) determination.
    (d) The Assistant Secretary will retain jurisdiction under the 
citation and contest provisions of sections 9 and 10 of the Act and the 
imminent-danger provisions of section 13 where such proceedings have 
been commenced prior to the date of his determination.