[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: 29CFR1902.34]

[Page 20]
 
                             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 D_Procedures for Determinations Under Section 18(e) of the Act
 
Sec. 1902.34  Certification of completion of developmental steps.

    (a) Upon the completion of all of the developmental steps in a 
State's plan, which is to be accomplished not later than three years 
following commencement of plan operations after approval of the plan by 
the Assistant Secretary under section 18(c), the Assistant Regional 
Director shall certify, as provided in paragraph (b) of this section, 
that all developmental steps in the plan have been met and that the 
State's program is to be evaluated on the basis of its eligibility for 
an 18(e) determination after at least one year of evaluations of the 
plan.
    (b) Upon determining that a State has completed all of its 
developmental steps, the Assistant Regional Director shall prepare a 
certification which he shall promptly forward to the Assistant 
Secretary. The certification shall include, but shall not be limited to, 
the following;
    (1) A list of all developmental steps or revisions thereof, plan 
amendments or changes which result in the completion of the steps or 
revisions thereof, and the dates the Assistant Secretary's or the 
Assistant Regional Director's approval of each change was published in 
the Federal Register;
    (2) Substantive changes, if any, in the State program which were 
approved by the Assistant Secretary and their dates of publication in 
the Federal Register;
    (3) Documentation that the legal basis for the applicable State 
merit system has been approved by the U.S. Civil Service Commission and 
that the actual operations of the State merit system has been found 
acceptable by the Occupational Safety and Health Administration with the 
advice of the U.S. Civil Service Commission; and
    (4) A description of the issues which are covered by the State plan. 
Where applicable, the certification shall include a description of those 
separable portions of the plan which have been certified for 18(e) 
evaluation purposes as well as those portions of the plan which were not 
certified by the Assistant Regional Director.
    (c) After a review of the certification and the State's plan, if the 
Assistant Secretary finds that the State has completed all the 
developmental steps specified in the plan, he shall publish the 
certification in the Federal Register and amend the appropriate subpart 
of part 1952 of this chapter to reflect this finding.