[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1902.2]

[Page 9-10]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1902_STATE PLANS FOR THE DEVELOPMENT AND ENFORCEMENT OF STATE 
STANDARDS--Table of Contents
 
                            Subpart A_General
 
Sec. 1902.2  General policies.

    (a) Policy. The Assistant Secretary will approve a State plan which 
provides for an occupational safety and health program with respect to 
covered issues that in his judgment meets or will meet the criteria set 
forth in Sec. 1902.3. Included among these criteria is the requirement 
that the State plan provide for the development and enforcement of 
standards relating to issues covered by the plan which are or will be at 
least as effective in providing safe and healthful employment and places 
of employment as standards promulgated and enforced under section 6 of 
the Act on the same issues. In determining whether a State plan 
satisfies the requirement of effectiveness, the Assistant Secretary will 
measure the plan against the indices of effectiveness set forth in Sec. 
1902.4.
    (b) Developmental plan. A State plan for an occupational safety and 
health program may be approved although, upon submission it does not 
fully meet the criteria set forth in Sec. 1902.3, if it includes 
satisfactory assurances by the State that it will take the necessary 
steps to bring the State program into conformity with these criteria 
within the 3-year period immediately following the commencement of the 
plan's operation. In such case, the State plan shall include the 
specific actions it proposes to take and a time schedule for their 
accomplishment not to exceed 3 years, at the end of which the State plan 
will meet the criteria in Sec. 1902.3. A developmental plan shall 
include the date or dates within which intermediate and final action 
will be accomplished. If necessary program changes require legislative 
action by a State, a copy of a bill or a draft of legislation that will 
be or has been proposed for enactment shall be submitted, accompanied by 
(1) a statement of the Governor's support of the legislation and (2) a 
statement of legal opinion that the proposed legislation will meet the 
requirements of the Act and this part in a manner consistent with the 
State's constitution and laws. On the basis of the State's submission 
the Assistant Secretary will approve the plan if he finds that there is 
a reasonable expectation that the State plan will meet the criteria in 
Sec. 1902.3 within the indicated 3-year period. In such case, the 
Assistant Secretary shall not make a determination under section 18(e) 
of the Act that a State is fully applying the criteria in Sec. 1902.3 
until the State has completed all the developmental steps specified in 
its plan which are designed to make it at least as effective as the 
Federal program, and the Assistant Secretary has had at least 1 year to 
evaluate the plan on the basis of actual operations. If at the end of 3 
years from the date of commencement of the plan's development, the State 
is found by the Assistant Secretary, after affording the State notice 
and opportunity for a hearing, not to have substantially completed the 
developmental steps of the plan, the Assistant Secretary shall withdraw 
the approval of the plan.
    (c) Scope of State plan. (1) A State plan may cover any occupational 
safety and health issue with respect to which a Federal standard has 
been promulgated under section 6 of the Act. An ``issue'' is considered 
to be an industrial, occupational or hazard grouping which is at least 
as comprehensive as a corresponding grouping contained in (i) one or 
more sections in subpart B or R of part 1910 of this chapter, or (ii) 
one or more of the remaining subparts of part 1910. However, for cause 
shown

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the Assistant Secretary may approve a plan relating to other industrial, 
occupational or hazard groupings if he determines that the plan is 
administratively practicable and that such groupings would not conflict 
with the purposes of the Act.
    (2) Each State plan shall describe the occupational safety and 
health issue or issues and the State standard or standards applicable to 
each such issue or issues over which it desires to assume enforcement 
responsibility in terms of the corresponding Federal industrial, 
occupational or hazard groupings and set forth the reasons, supported 
with appropriate data, for any variations the State proposes from the 
coverage of Federal standards.
    (3) The State plan shall apply to all employers and employees within 
the affected industry, occupational or hazard grouping unless the 
Assistant Secretary finds that the State has shown good cause why any 
group or groups of employers or employees should be excluded. Any 
employers or employees so excluded shall be covered by applicable 
Federal standards and enforcement provisions in the Act.