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What is
a State OSHA Program?
Section 18 of the Occupational
Safety and Health Act of 1970 (the Act) encourages
States to develop and operate their own job safety and
health programs. OSHA approves and monitors State plans
and provides up to 50 percent of an approved plan's
operating costs.
There are currently 23 States and jurisdictions operating
complete State plans (covering both the private sector
and State and local government employees) and two -
Connecticut and New York - which cover public employees
only. (Eight other States were approved at one time
but subsequently withdrew their programs).
(Please
note that the Connecticut and New York plans cover public
sector employment only)
States
must set job safety and health standards that are "at
least as effective as" comparable federal standards.
(Most States adopt standards identical to federal ones.)
States have the option to promulgate standards covering
hazards not addressed by federal standards.
A
State must conduct inspections to enforce its standards,
cover public (State and local government) employees,
and operate occupational safety and health training
and education programs. In addition, most States provide
free on-site consultation to help employers identify
and correct workplace hazards. Such consultation may
be provided either under the plan or through a special
agreement under section 21(d) of
the Act.
How
does a state establish its own program?
To
gain OSHA approval for a "developmental plan,"
the first step in the State plan process, a State must
assure OSHA that within three years it will have in
place all the structural elements necessary for an effective
occupational safety and health program. These elements
include: appropriate legislation; regulations and procedures
for standards setting, enforcement, appeal of citations
and penalties; a sufficient number of qualified enforcement
personnel.
Once
a State has completed and documented all its developmental
steps, it is eligible for certification. Certification
renders no judgment as to actual State performance,
but merely attests to the structural completeness of
the plan. Twenty-four States have received certification.
At
any time after initial plan approval, when it appears
that the State is capable of independently enforcing
standards, OSHA may enter into an "operational
status agreement" with the State. This commits
OSHA to suspend the exercise of discretionary federal
enforcement in all or certain activities covered by
the State plan.
The
ultimate accreditation of a State's plan is called "final
approval." When OSHA grants final approval to a
State under section 18 (e) of
the Act, it relinquishes its authority to cover occupational
safety and health matters covered by the State. After
at least one year following certification, the State
becomes eligible for final approval if OSHA determines
that it is providing, in actual operation, worker protection
"at least as effective" as the protection
provided by the federal program. The State also must
meet 100 percent of the established compliance staffing
levels (benchmarks) and participate in OSHA's computerized
inspection data system before OSHA can grant final approval.
Employees
finding workplace safety and health hazards may file
a formal complaint with the appropriate plan State or
with the appropriate OSHA regional administrator. Complaints
will be investigated and should include the name of
the workplace, type(s) of hazard(s) observed and any
other pertinent information.
Anyone
finding inadequacies or other problems in the administration
of a State's program, may file a Complaint About State
Program Administration (CASPA) with the appropriate
OSHA regional administrator as well. The complainant's
name is kept confidential. OSHA investigates all such
complaints, and where complaints are found to be valid,
requires appropriate corrective action on the part of
the State.
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