[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1952.10]

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                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR (CONTINUED)
 
PART 1952_APPROVED STATE PLANS FOR ENFORCEMENT OF STATE STANDARDS
--Table of Contents
 
               Subpart A_General Provisions and Conditions
 
Sec. 1952.10  Requirements for approval of State posters.

    (a)(1) In order to inform employees of their protections and 
obligations under applicable State law, of the issues not covered by 
State law, and of the continuing availability of Federal monitoring 
under section 18(f) of the Act, States with approved plans shall develop 
and require employers to post a State poster meeting the requirements 
set out in paragraph (a)(5) of this section.
    (2) Such poster shall be substituted for the Federal poster under 
section 8(c)(1) of the Act and Sec. 1903.2 of this chapter where the 
State attains operational status for the enforcement of State standards 
as defined in Sec. 1954.3(b) of this chapter.
    (3) Where a State has distributed its poster and has enabling 
legislation as defined in Sec. 1954.3(b)(1) of this chapter but becomes 
nonoperational under the provisions of Sec. 1954.3(f)(1) of this 
chapter because of failure to be at least as effective as the Federal 
program, the approved State poster may, at the discretion of the 
Assistant Secretary, continue to be substituted for the Federal poster 
in accordance with paragraph (a)(2) of this section.
    (4) A State may, for good cause shown, request, under 29 CFR part 
1953, approval of an alternative to a State poster for informing 
employees of their protections and obligations under the State plans, 
provided such alternative is consistent with the Act, 29 CFR 
1902.4(c)(2)(iv) and applicable State law. In order to qualify as a 
substitute for the Federal poster under this paragraph, such alternative 
must be shown to be at least as effective as the Federal poster 
requirements in informing employees of their protections and obligations 
and address the items listed in paragraph (a)(5) of this section.
    (5) In developing the poster, the State shall address but not be 
limited to the following items:
    (i) Responsibilities of the State, employers and employees;
    (ii) The right of employees or their representatives to request 
workplace inspections;
    (iii) The right of employees making such requests to remain 
anonymous;
    (iv) The right of employees to participate in inspections;
    (v) Provisions for prompt notice to employers and employees when 
alleged violations occur;
    (vi) Protection for employees against discharge or discrimination 
for the exercise of their rights under Federal and State law;
    (vii) Sanctions;
    (viii) A means of obtaining further information on State law and 
standards and the address of the State agency;
    (ix) The right to file complaints with the Occupational Safety and 
Health Administration about State program administration;
    (x) A list of the issues as defined in Sec. 1902.2(c) of this 
chapter which will not be covered by State plan;
    (xi) The address of the Regional Office of the Occupational Safety 
and Health Administration; and
    (xii) Such additional employee protection provisions and obligations 
under State law as may have been included in the approved State plan.
    (b) Posting of the State poster shall be recognized as compliance 
with the posting requirements in section 8(c)(1) of the Act and Sec. 
1903.2 of this chapter, provided that the poster has been approved in 
accordance with subpart B of part 1953. Continued Federal recognition of 
the State poster is also subject to pertinent findings of effectiveness 
with regard to the State program under 29 CFR part 1954.

[39 FR 39036, Nov. 5, 1974]

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