PART 1900 [RESERVED]

PART 1901-PROCEDURES FOR STATE AGREEMENTS

Sec.

1901.1 Purpose and scope.

1901.2 Alternative to Federal preemption. 1901.3 Making of agreements.

1901.4 Action upon requests for agree

ments.

1901.5 Termination of agreements. 1901.6 Exclusion.

1901.7 Delegation of authority.

AUTHORITY: Secs. 8, 18, Occupational Safety and Health Act of 1970 (29 U.S.C. 657, 667).

SOURCE: 36 FR 7006, Apr. 13, 1971, unless otherwise noted.

§ 1901.1 Purpose and scope.

(a) This part interprets and applies section 18(h) of the Williams-Steiger Occupational Safety and Health Act of 1970. Section 18(h) provides that the Secretary of Labor may enter into an agreement with a State under which the State will be permitted to continue to enforce one or more occupational health and safety standards in effect in such State until final action is taken by the Secretary with respect to a plan submitted by a State under section 18(b), or 2 years from the date of enactment (which will be December 28, 1972), whichever .s earli

er.

(b) Under this part, agreements for temporary periods are permitted with any State which desires to continue to enforce any State occupational safety for health standard or standards that are in effect when a Federal standard or standards covering the same issues become effective or which become effective thereafter. Continuance of enforcement pursuant to an agreement under this part means a maintenance of State enforcement without any diminution in the level of enforcement activity. Thus, a State party to an agreement under section 18(h) may not diminish its level of enforcement activity respecting standards covered by the agreement below that existing at the time of agreement.

(c) The requirements of this part shall be considered incorporated by

reference in any agreement entered into under section 18(h) of the Act.

§ 1901.2 Alternative to Federal preemption.

Section 18(a) of the Act is read as preventing any State agency or court from asserting jurisdiction under State law over any occupational safety or health issue with respect to which a Federal standard has been issued under section 6 of the Act. Section 18(h) permits the Secretary to provide an alternative to the exclusive Federal

jurisdiction on such occupational safety or health issue. This alternative is temporary and may be considered a step toward the more permanent alternative to exclusive Federal jurisdiction provided by sections 18 (b) and (c) following submission and approval of a plan submitted by a State for the development and enforcement of occupational safety and health standards. Agreements under section 18(h) are temporary in that they cannot continue beyond December 28, 1972, or the date of approval of the State plan under section 18(c), whichever occurs first.

§ 1901.3 Making of agreements.

(a) Who may make agreements. The Secretary may make an agreement under section 18(h) of the Act with any State agency designated for that purpose by the Governor. Where other State agencies or agencies of political subdivisions of the State have responsibility for enforcement of State occupational safety and health standards covered by the agreement, the State agency designated under this paragraph shall take the necessary action to insure that such other agencies will implement and adhere to the agreement.

(b) Commencement of negotiations. Negotiations for making an agreement may be commenced by the Governor of the State, or a State agency which may be designated for this purpose under paragraph (a) of this section, by filing an application in writing with the Secretary. No particular form of application is required. The contents of the application shall be those de

scribed in paragraphs (c) (1) through (5) of this section.

(c) Contents of the agreement. Any agreement, including any modification thereof, shall be in writing and shall contain the following:

(1) A brief description of each State standard or standards which are the subject of the agreement, including any pertinent legislative or regulatory citations. The description shall include a statement of the occupational safety or health issue covered by each standard, and shall specify the coverage of the standard (e.g., as to such matters as covered industries, hazards, establishments, etc.).

(2) The names, addresses, and telephone numbers of the agency or agencies of the State, including any political subdivisions of the State, which have any responsibility for administering and enforcing the State standard or standards. The names, addresses, and telephone numbers of the heads of such agencies shall also be listed. The requirements of this paragraph shall not apply to any agency having only judicial or quasi-judicial responsibilities.

(3) A description of the enforcement program and procedures used by each agency administering the standard or standards. In his discretion, the Secretary may require detailed information concerning such programs and procedures, with the degree of specificity turning upon the nature of the standard or standards involved, the number of employees covered by such standards, and any other pertinent considerations.

(4) The dollars and approximate man-years allocated within each agency having responsibilities for the administration and enforcement of each State standard covered by the agreement during the previous fiscal period, and current fiscal period, and a description of the fiscal period.

(5) Notice of intention to submit plan under section 18(b): The State agency shall agree (i) to submit a notice of intention to file a section 18(b) plan within sixty (60) days following publication in the FEDERAL REGISTER of procedures for the submission of such plan under section 18(b) and for their approval under section 18(c);

and (ii) to submit such a plan under section 18(b) within nine (9) months following the filing of a notice of intention. In lieu of submitting the notice, the State agency may agree to submit a plan under section 18(b) within the prescribed 60-day period, which plan may be expected to meet the requirements established under section 18 (b) and (c) with little or no modification thereof.

(6) A brief description of the Federal occupational safety or health standards dealing with the same issues as the State standards which are the subject of the agreement.

(7) The agreement shall include provisions whereunder the Secretary shall inform the State agency of his enforcement activities within the State with respect to Federal standards referred to in any agreement. (See § 1901.6.) Similarly, the agreement shall also provide that the State agency be required to make such reports to the Secretary regarding activities performed under the terms of the agreement as he shall require.

(8) The Secretary may add such further provisions as he may consider appropriate under the circumstances of the standards issue involved.

(d) When agreements will be made. (1) The commencement of negotiations for the making of an agreement concerning any pertinent standard should be undertaken as early as is practical before the effective date of the Federal standard involved.

(2) In view of the directive to the Secretary under section 6(a) for the adoption of established Federal standards and national consensus standards as promptly as possible after the effective date of the Act, agreements may be entered into before the issuance of such standards, which agreements shall be contingent upon their adoption.

(3) Negotiations for making an agreement may be commenced before the effective date of the Act, but any agreement resulting from such negotiations shall not be valid or adopted until that effective date.

(e) Restriction. As a matter of policy, in making agreements under this part the Secretary shall be mindful of the restriction on making plans,