[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: 29CFR1956.1]

[Page 143-144]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR (CONTINUED)
 
PART 1956_STATE PLANS FOR THE DEVELOPMENT AND ENFORCEMENT OF STATE 
 
                            Subpart A_General
 
Sec. 1956.1  Purpose and scope.

STANDARDS APPLICABLE TO STATE AND LOCAL GOVERNMENT EMPLOYEES IN 
STATES WITHOUT APPROVED PRIVATE EMPLOYEE PLANS--Table of Contents




                            Subpart A_General

Sec.
1956.1 Purpose and scope.
1956.2 General policies.

                           Subpart B_Criteria

1956.10 Specific criteria.
1956.11 Indices of effectiveness.

   Subpart C_Approval, Change, Evaluation and Withdrawal of Approval 
                               Procedures

1956.20 Procedures for submission, approval and rejection.
1956.21 Procedures for submitting changes.
1956.22 Procedures for evaluation and monitoring.
1956.23 Procedures for certification of completion of development and 
          determination on application of criteria.
1956.24 Procedures for withdrawal of approval.

Subpart D--General Provisions and Conditions [Reserved]

                          Subpart E_Connecticut

1956.40 Description of the plan.
1956.41 Where the plan may be inspected.
1956.43 Developmental schedule.
1956.44 Completion of developmental steps and certification.

                           Subpart F_New York

1956.50 Description of the plan as initially approved.
1956.51 Developmental schedule.
1956.52 Completed developmental steps.
1956.53 Determination of operational effectiveness. [Reserved]
1956.54 Location of plan for inspection and copying.
1956.55 Changes to approved plans.

                          Subpart G_New Jersey

1956.60 Description of the plan as initially approved.
1956.61 Developmental schedule.
1956.62 Completion of developmental steps and certification. [Reserved]
1956.63 Determination of operational effectiveness. [Reserved]
1956.64 Location of plan for inspection and copying.

                      Subpart H_The Virgin Islands

1956.70 Description of plan as approved.
1956.71 Developmental schedule.
1956.72 Changes to approved plan. [Reserved]
1956.73 Determination of operational effectiveness. [Reserved]
1956.74 Location of basic State plan documentation.

    Authority: Section 18 of the Occupational Safety and Health Act of 
1970 (29 U.S.C. 667), 29 CFR 1902, 1952, and 1955, and Secretary of 
Labor's Order 5-2002 (67 FR 65008, October 22, 2002).

    Source: 41 FR 12429, Mar. 4, 1977, unless otherwise noted.



    (a) This part sets forth procedures and requirements for approval, 
continued evaluation, and operation of State plans submitted under 
section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
667) (hereinafter called the Act) for the development and enforcement of 
State standards applicable to State and local government employees in 
States without approved private employee plans. Although section

[[Page 144]]

2(b) of the Act sets forth the policy of assuring every working man and 
woman safe and healthful working conditions, State and local government 
agencies are excluded from the definition of ``employer'' in section 
3(5). Only under section 18 of the Act are such public employees ensured 
protection under the provisions of an approved State plan. Where no such 
plan is in effect with regard to private employees, State and local 
government employees have not heretofore been assured any protections 
under the Act. Section 18(b), however, permits States to submit plans 
with respect to any occupational safety and health issue with respect to 
which a Federal standard has been promulgated under section 6 of the 
Act. Under Sec. 1902.2(c) of this chapter, an issue is defined as ``any 
* * * industrial, occupational, or hazard grouping that is found to be 
administratively practicable and * * * not in conflict with the purposes 
of the Act.'' Since Federal standards are in effect with regard to 
hazards found in public employment, a State plan covering this 
occupational category meets the definition of section 18 and the 
regulations. It is the purpose of this part to assure the availability 
of the protections of the Act to public employees, where no State plan 
covering private employees is in effect, by adapting the requirements 
and procedures applicable to State plans covering private employees to 
the situation where State coverage under section 18(b) is proposed for 
public employees only.
    (b) In adopting these requirements and procedures, consideration 
should be given to differences between public and private employment. 
For instance, a system of monetary penalties applicable to violations of 
public employers may not in all cases be necessarily the most 
appropriate method of achieving compliance. Further, the impact of the 
lack of Federal enforcement authority application to public employers 
requires certain adjustments of private employer plan procedures in 
adapting them to plans covering only public employees in a State.