[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: 29CFR1952.115]

[Page 35-36]
 
                             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 E_Utah
 
Sec. 1952.115  Level of Federal enforcement.

    (a) As a result of the Assistant Secretary's determination granting 
final approval of the Utah plan under section 18(e) of the Act, 
effective July 16, 1985, occupational safety and health standards which 
have been promulgated under section 6 of the Act do not apply with 
respect to issues covered under the Utah plan. This determination also 
relinquishes concurrent Federal OSHA authority to issue citations for 
violations of such standards under sections 5(a)(2) and (9) of the Act; 
to conduct inspections and investigations under section 8 (except those 
necessary to conduct evaluation of the plan under section 18(f) and 
other inspections, investigations, or proceedings necessary to carry out 
Federal responsibilities not specifically preempted by section 18(e)); 
to conduct enforcement proceedings in contested cases under section 10; 
to institute proceedings to correct imminent dangers under section 13; 
and to propose civil penalties or initiate criminal proceedings for 
violations of the Federal Act under section 17. The Assistant Secretary 
retains jurisdiction under the above provisions in any proceeding 
commenced under section 9 or 10 before the effective date of the 18(e) 
determination.
    (b) In accordance with section 18(e), final approval relinquishes 
Federal OSHA authority only with regard to occupational safety and 
health issues covered by the Utah plan. OSHA retains full authority over 
issues which are not subject to State enforcement under the plan. Thus, 
Federal OSHA retains its authority relative to safety and health 
enforcement in private sector maritime activities and will continue to 
enforce all provisions of the Act, rules or orders, and all Federal 
standards, current or future, specifically directed to maritime 
employment (29 CFR Part 1915, shipyard employment; Part 1917, marine 
terminals; Part 1918, longshoring; Part 1919, gear certification), as 
well as provisions of general industry and construction standards (29 
CFR Parts 1910 and 1926) appropriate to hazards found in these 
employments. Federal jurisdiction is retained and exercised by the 
Employment Standards Administration, U.S. Department of Labor, 
(Secretary's Order 5-96, dated December 27, 1996) with respect to the 
field sanitation standard, 29 CFR 1928.110, and the enforcement of the 
temporary labor camps standard, 29 CFR 1910.142, in agriculture, as 
described in Sec. 1952.114(b). Federal jurisdiction is also retained 
with regard to: all employment on the Hill Air Force Base; Federal 
government employers and employees; and the U.S. Postal Service (USPS), 
including USPS employees, and contract employees and contractor-operated 
facilities engaged in USPS mail operations. In addition, any hazard, 
industry, geographical area, operation or facility over which the State 
is unable to effectively exercise jurisdiction for reasons not related 
to the required performance or structure of the plan shall be deemed to 
be an issue not covered by the finally approved plan, and shall be 
subject to Federal enforcement. Where enforcement jurisdiction is shared 
between Federal and State authorities for a particular area, project, or 
facility, in the interest of administrative practicability, Federal 
jurisdiction may be assumed over the entire project or facility. In 
either of the two aforementioned circumstances, Federal enforcement may 
be exercised immediately upon agreement between Federal and State OSHA.
    (c) Federal authority under provisions of the Act not listed in 
section 18(e) is unaffected by final approval of the plan. Thus, for 
example, the Assistant Secretary retains his authority under section 
11(c) of the Act with regard to complaints alleging discrimination 
against employees because of the exercise of any right afforded to the 
employee by the Act, although such complaints may be referred to the 
State for investigation. The Assistant Secretary also retains his 
authority under section 6 of the Act to promulgate, modify or revoke 
occupational safety and health standards which address the working 
conditions of all employees, including those in States which have 
received an affirmative 18(e) determination, although such standards may 
not be Federally applied. In the event that the State's 18(e) status is 
subsequently withdrawn and Federal authority reinstated, all

[[Page 36]]

Federal standards, including any standards promulgated or modified 
during the 18(e) period, would be Federally enforceable in that State.
    (d) As required by section 18(f) of the Act, OSHA will continue to 
monitor the operations of the Utah State program to assure that the 
provisions of the State plan are substantially complied with and that 
the program remains at least as effective as the Federal program. 
Failure by the State to comply with its obligations may result in the 
revocation of the final determination under section 18(e), resumption of 
Federal enforcement and/or proceedings for withdrawal of plan approval.

[50 FR 28780, July 16, 1985, as amended at 62 FR 2560, Jan. 17, 1997; 65 
FR 36620, June 9, 2000]