[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: 29CFR1902.44]

[Page 25]
 
                             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. 1902.44  Requirements applicable to State plans granted affirmative 
18(e) determinations.

    (a) A State whose plan, or modification thereof, has been granted an 
affirmative 18(e) determination will be required to maintain a program 
within the scope of such determination which will be ``at least as 
effective as'' operations under the Federal program in providing 
employee safety and health protection at covered workplaces within the 
comparable scope of the Federal program. This requirement includes 
submitting all required reports to the Assistant Secretary, as well as 
submitting supplements to the Assistant Secretary for his approval 
whenever there is a change in the State's program, whenever the results 
of evaluations conducted under section 18(f) show that some portion of a 
State plan has an adverse impact on the operations of the State plan or 
whenever the Assistant Secretary determines that any alteration in the 
Federal program could have an adverse impact on the ``at least as 
effective as'' status of the State program. See part 1953 of this 
chapter.
    (b) A substantial failure to comply with the requirements of this 
section may result in the revocation of the affirmative 18(e) 
determination and the resumption of Federal enforcement authority, and 
may also result in proceedings for the withdrawal of approval of the 
plan or any portion thereof pursuant to part 1955 of this chapter.