[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: 29CFR1956.40]

[Page 150-151]
 
                             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 E_Connecticut
 
Sec. 1956.40  Description of the plan.

    Source: 43 FR 51390, Nov. 3, 1978, unless otherwise noted.


    (a) The plan designates the Connecticut Department of Labor as the 
State agency responsible for administering the plan throughout the 
State. The State has adopted all Federal standards promulgated as of 
September 1977 and has given assurances that it will continue to adopt 
all Federal standards, revisions, and amendments. The State further 
assured that in those

[[Page 151]]

situations where public employees are exposed to unique hazards for 
which existing standards do not provide adequate protection, effective 
State standards will be adopted. The plan includes legislation, Public 
Act 73-379, passed by the Connecticut Legislature in 1973 and amended as 
follows: P.A. 74-176, P.A. 75-285, P.A. 77-107, and P.A. 77-610. Under 
the legislation the Connecticut Department of Labor, Occupational Safety 
and Health Division has full authority to enforce and administer all 
laws and rules protecting the safety and health of employees of the 
State and its political subdivisions. The plan is accompanied by a 
statement of the Governor's support and a legal opinion that the 
Connecticut legislation meets the requirements of the Occupational 
Safety and Health Act of 1970 and is in accord with the constitution of 
the State.
    (b) The plan establishes procedures for variances and the protection 
of employees from hazards under a variance; insures inspection in 
response to complaints; provides employer and employee representatives 
an opportunity to accompany inspectors and to call attention to possible 
violations before, during, and after inspections; notification to 
employees or their representatives when no compliance action is taken as 
a result of alleged violations, including informal review; notification 
of employees of their protection; protection of employees against 
discharge or discrimination in terms and conditions of employment; 
provision for prompt notices to employers and employees of violations of 
standards and abatement requirements; sanctions against employers for 
violation of standards and orders; employer's right to appeal citations 
for violations, abatement periods and proposed penalties; employee's 
right to appeal abatement periods; and employee participation in review 
proceedings. Also included are provisions for right of entry for 
inspection, ``prohibition'' of advance notice of inspection and the 
requirement for both employers and employees to comply with the 
applicable rules, standards, and orders, and employer obligations to 
maintain records and provide reports as required. Further, the plan 
provides assurances of a fully trained adequate staff and sufficient 
funding.
    (c) The plan includes the following documents as of the date of 
approval:
    (1) The plan document and appendixes submitted January 30, 1978;
    (2) Letter from the Commissioner, Connecticut Department of Labor, 
dated September 19, 1978, providing supplemental assurances.