[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1952.11]

[Page 22]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR (CONTINUED)
 
PART 1952_APPROVED STATE PLANS FOR ENFORCEMENT OF STATE STANDARDS
--Table of Contents
 
               Subpart A_General Provisions and Conditions
 
Sec. 1952.11  State and local government employee programs.

    (a) Each approved State plan must contain satisfactory assurances 
that the State will, to the extent permitted by its law, establish and 
maintain an effective and comprehensive occupational safety and health 
program applicable to all employees of public agencies of the State and 
its political subdivisions which program is as effective as the 
standards contained in an approved plan.
    (b) This criteria for approved State plans is interpreted to require 
the following elements with regard to coverage, standards, and 
enforcement:
    (1) Coverage. The program must cover all public employees over which 
the State has legislative authority under its constitution. ``To the 
extent permitted by its law,'' specifically recognizes the situation 
where local governments exclusively control their own employees, such as 
under certain ``home rule'' charters.
    (2) Standards. The program must be as effective as the standards 
contained in the approved plan applicable to private employers. Thus, 
the same criteria and indices of standards effectiveness contained in 
Sec. Sec. 1902.3(c) and 1902.4 (a) and (b) of this chapter would apply 
to the public employee program. Where hazards are unique to public 
employment, all appropriate indices of effectiveness, such as those 
dealing with temporary emergency standards, development of standards, 
employee information, variances, and protective equipment, would be 
applicable to standards for such hazards.
    (3) Enforcement. Although section 18(c)(6) of the Act requires State 
public employee programs to be ``as effective as standards'' contained 
in the State plan, minimum enforcement elements are required to ensure 
an ``effective and comprehensive'' public employee program as follows: 
(See notice of approval of the North Carolina Plan, 38 FR 3041).
    (i) Regular inspections of workplaces, including inspections in 
response to valid employee complaints;
    (ii) A means for employees to bring possible violations to the 
attention of inspectors;
    (iii) Notification to employees, or their representatives, of 
decisions that no violations are found as a result of complaints by such 
employees or their representatives, and informal review of such 
decisions;
    (iv) A means of informing employees of their protections and 
obligations under the Act;
    (v) Protection for employees against discharge of discrimination 
because of the exercise of rights under the Act;
    (vi) Employee access to information on their exposure to toxic 
materials or harmful physical agents and prompt notification to 
employees when they have been or are being exposed to such materials or 
agents at concentrations or levels above those specified by the 
applicable standards;
    (vii) Procedures for the prompt restraint or elimination of imminent 
danger situations;
    (viii) A means of promptly notifying employers and employees when an 
alleged violation has occurred, including the proposed abatement 
requirements;
    (ix) A means of establishing timetables for the correction of 
violations;
    (x) A program for encouraging voluntary compliance; and
    (xi) Such other additional enforcement provisions under State law as 
may have been included in the State plan.
    (c) In accordance with Sec. 1902.3(b)(3), the State agency or 
agencies designated to administer the plan throughout the State must 
retain overall responsibility for the entire plan. Political 
subdivisions may have the responsibility and authority for the 
development and enforcement of standards: Provided, That the designated 
State agency or agencies have adequate authority by statute, regulation, 
or agreement to insure that the commitments of the State under the plan 
will be fulfilled.

These commitments supersede and control any delegation of authority to 
State or local agencies. (See Notice of Approval of Colorado Plan, 38 FR 
25172.)

[40 FR 58451, Dec. 17, 1975]

Subpart B [Reserved]

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