[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: 29CFR1952.155]

[Page 44-46]
 
                             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 I_North Carolina
 
Sec. 1952.155  Level of Federal enforcement.

    (a) As a result of the Assistant Secretary's determination granting 
final approval to the North Carolina State plan under section 18(e) of 
the Act, effective December 10, 1996, occupational safety and health 
standards which have

[[Page 45]]

been promulgated under section 6 of the Act do not apply with respect to 
issues covered under the North Carolina 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 OSH 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)(1) In accordance with section 18(e), final approval relinquishes 
Federal OSHA authority only with regard to occupational safety and 
health issues covered by the North Carolina 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 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 private sector 
maritime activities (occupational safety and health standards comparable 
to 29 CFR Parts 1915, shipyard employment; 1917, marine terminals; 1918, 
longshoring; and 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); employment on Indian 
reservations; enforcement relating to any contractors or subcontractors 
on any Federal establishment where the land has been ceded to the 
Federal Government; railroad employment, not otherwise regulated by 
another Federal agency; and enforcement on military bases. Federal 
jurisdiction is also retained with respect to Federal government 
employers and employees; the U.S. Postal Service (USPS), including USPS 
employees, and contract employees and contractor-operated facilities 
engaged in USPS mail operations; and the American National Red Cross.
    (2) In addition, any hazard, industry, geographical area, operation 
or facility over which the State is unable to effectively exercise 
jurisdiction for reasons which OSHA determines are not related to the 
required performance or structure of the plan shall be deemed to be an 
issue not covered by the State plan which has received final approval, 
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 any of the aforementioned circumstances, Federal 
enforcement authority may be exercised after consultation with the State 
designated agency.
    (c) Federal authority under provisions of the Act not listed in 
section 18(e) is unaffected by final approval of the North Carolina 
State 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 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

[[Page 46]]

the operations of the North Carolina 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 approval determination under section 18(e), 
resumption of Federal enforcement, and/or proceedings for withdrawal of 
plan approval.

[61 FR 66601, Dec. 18, 1996, as ameded at 65 FR 36621, June 9, 2000; 65 
FR 62612, Oct. 19, 2000]