(a)
Nothing in this Act shall prevent any State agency or court from
asserting jurisdiction under State law over any occupational
safety or health issue with respect to which no standard is in
effect under section 6.
(b) Any State which, at any
time, desires to assume responsibility for development and
enforcement therein of occupational safety and health standards
relating to any occupational safety or health issue with respect
to which a Federal standard has been promulgated under section 6
shall submit a State plan for the development of such standards
and their enforcement.
(c) The Secretary shall approve
the plan submitted by a State under subsection (b), or any
modification thereof, if such plan in his judgement --
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29
USC 667
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(1)
designates a State agency or agencies as the agency or agencies
responsible for administering the plan throughout the State,
(2)
provides for the development and enforcement of safety and health
standards relating to one or more safety or health issues, which
standards (and the enforcement of which standards) are or will be
at least as effective in providing safe and healthful employment
and places of employment as the standards promulgated under
section 6 which relate to the same issues, and which standards,
when applicable to products which are distributed or used in
interstate commerce, are required by compelling local conditions
and do not unduly burden interstate commerce,
(3)
provides for a right of entry and inspection of all workplaces
subject to the Act which is at least as effective as that provided
in section 8, and includes a prohibition on advance notice of
inspections,
(4) contains satisfactory assurances that
such agency or agencies have or will have the legal authority and
qualified personnel necessary for the enforcement of such
standards,
(5) gives satisfactory assurances that such
State will devote adequate funds to the administration and
enforcement of such standards,
(6) contains
satisfactory assurances that such State will, to the extent
permitted by its law, establish and maintain an effective and
comprehensive occupational safety and health program applicable to
all employees of public agencies of the State and its political
subdivisions, which program is as effective as the standards
contained in an approved plan,
(7) requires employers
in the State to make reports to the Secretary in the same manner
and to the same extent as if the plan were not in effect, and
(8)
provides that the State agency will make such reports to the
Secretary in such form and containing such information, as the
Secretary shall from time to time require.
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(d)
If the Secretary rejects a plan submitted under subsection (b), he
shall afford the State submitting the plan due notice and
opportunity for a hearing before so doing.
(e) After
the Secretary approves a State plan submitted under subsection
(b), he may, but shall not be required to, exercise his authority
under sections 8, 9, 10, 13, and 17 with respect to comparable
standards promulgated under section 6, for the period specified in
the next sentence. The Secretary may exercise the authority
referred to above until he determines, on the basis of actual
operations under the State plan, that the criteria set forth in
subsection (c) are being applied, but he shall not make such
determination for at least three years after the plan's approval
under subsection (c). Upon making the determination referred to in
the preceding sentence, the provisions of sections 5(a)(2), 8
(except for the purpose of carrying out subsection (f) of this
section), 9, 10, 13, and 17, and standards promulgated under
section 6 of this Act, shall not apply with respect to any
occupational safety or health issues covered under the plan, but
the Secretary may retain jurisdiction under the above provisions
in any proceeding commenced under section 9 or 10 before the date
of determination.
(f) The Secretary shall, on the basis
of reports submitted by the State agency and his own inspections
make a continuing evaluation of the manner in which each State
having a plan approved under this section is carrying out such
plan. Whenever the Secretary finds, after affording due notice and
opportunity for a hearing, that in the administration of the State
plan there is a failure to comply substantially with any provision
of the State plan (or any assurance contained therein), he shall
notify the State agency of his withdrawal of approval of such plan
and upon receipt of such notice such plan shall cease to be in
effect, but the State may retain jurisdiction in any case
commenced before the withdrawal of the plan in order to enforce
standards under the plan whenever the issues involved do not
relate to the reasons for the withdrawal of the plan.
(g)
The State may obtain a review of a decision of the Secretary
withdrawing approval of or rejecting its plan by the United States
court of appeals for the circuit in which the State is located by
filing in such court within thirty days following receipt of
notice of such decision a petition to modify or set aside in whole
or in part the action of the Secretary. A copy of such petition
shall forthwith be served upon the Secretary, and thereupon the
Secretary shall certify and file in the court the record upon
which the decision complained of was issued as provided in section
2112 of title 28, United States Code. Unless the court finds that
the Secretary's decision in rejecting a proposed State plan or
withdrawing his approval of such a plan is not supported by
substantial evidence the court shall affirm the Secretary's
decision. The judgment of the court shall be subject to review by
the Supreme Court of the United States upon certiorari or
certification as provided in section 1254 of title 28, United
States Code.
(h) The Secretary 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
subsection (b) of this section, or two years from the date of
enactment of this Act, whichever is earlier.
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