29 CFR Part 1956

Title 29: Labor
PART 1956—STATE PLANS FOR THE DEVELOPMENT AND ENFORCEMENT OF STATE
STANDARDS APPLICABLE TO STATE AND LOCAL GOVERNMENT EMPLOYEES IN
STATES WITHOUT APPROVED PRIVATE EMPLOYEE PLANS

Section Contents

Subpart A—General
§ 1956.1 Purpose and scope.
§ 1956.2 General policies.
Subpart B—Criteria
§ 1956.10 Specific criteria.
§ 1956.11 Indices of effectiveness.
Subpart C—Approval, Change, Evaluation and Withdrawal of Approval Procedures
§ 1956.20 Procedures for submission, approval and rejection.
§ 1956.21 Procedures for submitting changes.
§ 1956.22 Procedures for evaluation and monitoring.
§ 1956.23 Procedures for certification of completion of development and determination on
application of criteria.
§ 1956.24 Procedures for withdrawal of approval.
Subpart D—General Provisions and Conditions [Reserved]

Subpart E—Connecticut
§ 1956.40
§ 1956.41
§ 1956.43
§ 1956.44

Description of the plan.
Where the plan may be inspected.
Developmental schedule.
Completion of developmental steps and certification.
Subpart F—New York

§ 1956.50
§ 1956.51
§ 1956.52
§ 1956.53
§ 1956.54
§ 1956.55

Description of the plan as certified.
Developmental schedule.
Completed developmental steps and certification.
[Reserved]
Location of basic State plan documentation.
[Reserved]
Subpart G—New Jersey

§ 1956.60
§ 1956.61
§ 1956.62
§ 1956.63
§ 1956.64

Description of the plan as initially approved.
Developmental Schedule.
Completion of developmental steps and certification. [Reserved]
Determination of operational effectiveness. [Reserved]
Location of plan for inspection and copying.

Subpart H—The Virgin Islands
§ 1956.70
§ 1956.71
§ 1956.72
§ 1956.73
§ 1956.74

Description of plan as approved.
Developmental schedule.
Changes to approved plan. [Reserved]
Determination of operational effectiveness. [Reserved]
Location of basic State plan documentation.
Subpart I—Illinois

§ 1956.80
§ 1956.81
§ 1956.82
§ 1956.83
§ 1956.84

Description of the plan as initially approved.
Developmental schedule.
[Reserved]
[Reserved]
Location of plan for inspection and copying.

Authority: Section 18 of the Occupational Safety and Health Act of 1970, (29 U.S.C. 667), 29
CFR 1902, 1952, and 1955, and Secretary of Labor's Order No. 5–2007 (72 FR 31160).
Source: 41 FR 12429, Mar. 4, 1977, unless otherwise noted.
Subpart A—General
§ 1956.1 Purpose and scope.
(a) This part sets forth procedures and requirements for approval, continued evaluation, and operation of
State plans submitted under section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667)
(hereinafter called the Act) for the development and enforcement of State standards applicable to State and
local government employees in States without approved private employee plans. Although section 2(b) of
the Act sets forth the policy of assuring every working man and woman safe and healthful working
conditions, State and local government agencies are excluded from the definition of “employer” in section
3(5). Only under section 18 of the Act are such public employees ensured protection under the provisions of
an approved State plan. Where no such plan is in effect with regard to private employees, State and local
government employees have not heretofore been assured any protections under the Act. Section 18(b),
however, permits States to submit plans with respect to any occupational safety and health issue with
respect to which a Federal standard has been promulgated under section 6 of the Act. Under §1902.2(c) of
this chapter, an issue is defined as “any * * * industrial, occupational, or hazard grouping that is found to
be administratively practicable and * * * not in conflict with the purposes of the Act.” Since Federal
standards are in effect with regard to hazards found in public employment, a State plan covering this
occupational category meets the definition of section 18 and the regulations. It is the purpose of this part to
assure the availability of the protections of the Act to public employees, where no State plan covering private
employees is in effect, by adapting the requirements and procedures applicable to State plans covering
private employees to the situation where State coverage under section 18(b) is proposed for public
employees only.
(b) In adopting these requirements and procedures, consideration should be given to differences between
public and private employment. For instance, a system of monetary penalties applicable to violations of
public employers may not in all cases be necessarily the most appropriate method of achieving compliance.
Further, the impact of the lack of Federal enforcement authority application to public employers requires
certain adjustments of private employer plan procedures in adapting them to plans covering only public
employees in a State.

§ 1956.2 General policies.
(a) Policy. The Assistant Secretary of Labor for Occupational Safety and Health (hereinafter referred to as
the Assistant Secretary) will approve a State plan which provides an occupational safety and health program
for the protection of State and local government employees (hereinafter State and local government
employees are referred to as public employees) that in his judgment meets or will meet the criteria set forth
in §1956.10. Included among these criteria is the requirement that the State plan for public employees
(hereinafter such a plan will be referred to as the plan) provides for the development and enforcement of
standards relating to hazards in employment covered by the plan which are or will be at least as effective in
providing safe and healthful employment and places of employment for public employees as standards
promulgated and enforced under section 6 of the Act. In determining whether a plan satisfies the
requirement of effectiveness, the Assistant Secretary will measure the plan against the indices of
effectiveness, set forth in §1956.11.
(b) Developmental plan. (1) A State plan for an occupational safety and health program for public employees
may be approved although, upon submission, it does ot fully meet the criteria set forth in §1956.10, if it
includes satisfactory assurances by the State that it will take the necessary steps to bring the program into
conformity with these criteria within the 3-year period immediately following the commencement of the plan's
operation. In such a case, the plan shall include the specific actions the State proposes to take, and a time
schedule for their accomplishment which is not to exceed 3 years, at the end of which the plan will meet the
criteria in §1956.10. A developmental plan shall include the dates within which intermediate and final action

will be accomplished. Although administrative actions, such as stages for application of standards and
enforcement, related staffing, development of regulations may be developmental, to be considered for
approval, a State plan for public employees must contain at time of plan approval basic State legislative
and/or executive authority under which these actions will be taken. If necessary program changes require
further implementing executive action by the Governor or supplementary legislative action by the State, a
copy of the appropriate order, or the bill or a draft of legislation that will be or has been proposed for
enactment shall be submitted, accompanied by:
(i) A statement of the Governor's support of the legislation or order and
(ii) A statement of legal opinion that the proposed legislation or executive action will meet the requirements
of the Act and this part in a manner consistent with the State's constitution and laws.
(2) On the basis of the State's submission, the Assistant Secretary will approve the plan if he finds that there
is a reasonable expectation that the plan for public employees will meet the criteria in §1956.10 within the
indicated 3 year period. In such a case, the Assistant Secretary shall not make a determination that a State
is fully applying the criteria in §1956.10 until the State has completed all the developmental steps specified
in the plan which are designed to make it at least as effective as the Federal program for the private sector,
and the Assistant Secretary has had at least 1 year to evaluate the plan on the basis of actual operations
following the completion of all developmental steps. If at the end of 3 years from the date of commencement
of the plan's operation, the State is found by the Assistant Secretary, after affording the State notice and an
opportunity for a hearing, not to have substantially completed the developmental steps of the plan, he shall
withdraw the approval of the plan.
(3) Where a State plan approved under part 1902 of this chapter is discontinued, except for its public
employee component, or becomes approved after approval of a plan under this part, the developmental
period applicable to the public employee component of the earlier plan will be controlling with regard to any
such public employee coverage. For good cause, a State may demonstrate that an additional period of time
is required to make adjustments on account of the transfer from one type of plan to another.
(c) Scope of a State plan for public employees. (1) A State plan for public employees must provide for the
coverage of both State and local government employees to the full extent permitted by the State laws and
constitution. The qualification “to the extent permitted by its law” means only that where a State may not
constitutionally regulate occupational safety and health conditions in certain political subdivisions, the plan
may exclude such political subdivision employees from coverage.
(2) The State shall not exclude any occupational, industrial, or hazard grouping from coverage under its plan
unless the Assistant Secretary finds that the State has shown there is no necessity for such coverage.

Subpart B—Criteria
§ 1956.10 Specific criteria.
(a) General. A State plan for public employees must meet the specific criteria set forth in this section.
(b) Designation of State agency. (1) The plan shall designate a State agency or agencies which will be
responsible for administering the plan throughout the State.
(2) The plan shall also describe the authority and responsibilities vested in such agency or agencies. The
plan shall contain assurances that any other responsibilities of the designated agency shall not detract
significantly from the resources and priorities assigned to the administration of the plan.
(3) A State agency or agencies must be designated with overall responsibility for administering the plan
throughout the State. Subject to this overall responsibility, enforcement of standards may be delegated to an
appropriate agency having occupational safety and health responsibilities or expertise throughout the State.
Included in this overall responsibility are the requirements that the designated agency have, or assure the
provision of necessary qualified personnel, legal authority necessary for the enforcement of the standards
and make reports as required by the Assistant Secretary.

(c) Standards. The State plan for public employees shall include, or provide for the development or adoption
of, standards which are or will be at least as effective as those promulgated under section 6 of the Act. The
plan shall also contain assurances that the State will continue to develop or adopt such standards. Indices of
the effectiveness of standards and procedures for the development or adoption of standards against which
the Assistant Secretary will measure the plan in determining whether it is approvable are set forth in
§1956.11(b).
(d) Enforcement. (1) The State plan for public employees shall provide a program for the enforcement of the
State standards which is, or will be, at least as effective in assuring safe and healthful employment and
places of employment as the standards promulgated by section 6 of the Act; and provide assurances that
the State's enforcement program for public employees will continue to be at least as effective in this regard
as the Federal program in the private sector. Indices of the effectiveness of a State's enforcement plan
against which the Assistant Secretary will measure the plan in determining whether it is approvable are set
forth in §1956.11(c).
(2) The plan shall require State and local government agencies to comply with all applicable State
occupational safety and health standards included in the plan and all applicable rules issued thereunder,
and employees to comply with all standards, rules, and orders applicable to their conduct.
(e) Right of entry and inspection. The plan shall contain adequate assurances that inspectors will have a
right to enter covered workplaces which is at least as effective as that provided in section 8 of the Act for the
purpose of inspection or monitoring. Where such entry is refused, the State agency or agencies shall have
the authority through appropriate legal process to compel such entry.
(f) Prohibition against advance notice. The State plan shall contain a prohibition against advance notice of
inspections. Any exceptions must be expressly authorized by the head of the designated agency or
agencies or his representative and such exceptions may be no broader than those authorized under the Act
and the rules published in part 1903 of this chapter relating to advance notice.
(g) Personnel. The plan shall provide assurances that the designated agency or agencies and all
government agencies to which authority has been delegated, have, or will have, a sufficient number of
adequately trained and qualified personnel necessary for the enforcement of standards. For this purpose,
qualified personnel means persons employed on a merit basis, including all persons engaged in the
development of standards and the administration of the plan. Subject to the results of evaluations,
conformity with the Standards for a Merit System of Personnel Administration, 45 CFR part 70, issued by the
Secretary of Labor, including any amendments thereto, and any standards prescribed by the U.S. Civil
Service Commission, pursuant to section 208 of the Intergovernmental Personnel Act of 1970, modifying or
superseding such standards, and guidelines on “at least as effective as” staffing derived from the Federal
private employee program will be deemed to meet this requirement.
(h) Resources. The plan shall contain satisfactory assurances through the use of budget, organizational
description, and any other appropriate means, that the State will devote adequate funds to the
administration and enforcement of the public employee program. The Assistant Secretary will make the
periodic evaluations of the adequacy of the resources the State has devoted to the plan.
(i) Employer records and reports. The plan shall provide assurances that public employers covered by the
plan will maintain records and make reports on occupational injuries and illnesses in a manner similar to that
required of private employers under the Act.
(j) State agency reports to the Assistant Secretary. The plan shall provide assurances that the designated
agency or agencies shall make such reasonable reports to the Assistant Secretary in such form and
containing such information as he may from time to time require. The agency or agencies shall establish
specific goals consistent with the goals of the Act, including measures of performance, output, and results
which will determine the efficiency and effectiveness of the State program for public employees, and shall
make periodic reports to the Assistant Secretary on the extent to which the State, in implementation of its
plan, has attained these goals. Reports will also include data and information on the implementation of the
specific inspection and voluntary compliance activities included within the plan. Further, these reports shall
contain such statistical information pertaining to work-related deaths, injuries and illnesses in employments
and places of employment covered by the plan as the Assistant Secretary may from time to time require.

§ 1956.11 Indices of effectiveness.
(a) General. In order to satisfy the requirements of effectiveness under §1956.10 (c)(1) and (d)(1), the State
plan for public employees shall:
(1) Establish the same standards, procedures, criteria, and rules as have been established by the Assistant
Secretary under the act; or
(2) Establish alternative standards, procedures, criteria, and rules which will be measured against each of
the indices of effectiveness in paragraphs (b) and (c) of this section to determine whether the alternatives
are at least as effective as the Federal program for private employees, where applicable, with respect to the
subject of each index. For each index the State must demonstrate by the presentation of factual or other
appropriate information that its plan for public employees will, to the extent practicable, be at least as
effective as the Federal program for private employees.
(b) Standards. (1) The indices for measurement of a State plan for public employees with regard to
standards follow in paragraph (b)(2) of this section. The Assistant Secretary will determine whether the State
plan for public employees satisfies the requirements of effectiveness with regard to each index as provided
in paragraph (a) of this section.
(2) The Assistant Secretary will determine whether the State plan for public employees:
(i) Provides for State standards which are or will be at least as effective as the standards promulgated under
section 6 of the Act. In the case of any State standards dealing with toxic materials or harmful physical
agents, they should adequately assure, to the extent feasible, that no employee will suffer material
impairment of health or functional capacity, even if such employee has regular exposure to the hazard dealt
with by such standard for the period of his working life, by such means as, in the development and
promulgation of standards, obtaining the best available evidence through research, demonstration,
experiments, and experience under this and any other safety and health laws.
(ii) Provides an adequate method to assure that its standards will continue to be at least as effective as
Federal standards, including Federal standards which become effective subsequent to any approval of the
plan.
(iii) Provides a procedure for the development and promulgation of standards which allows for the
consideration of pertinent factual information and affords interested persons, including employees,
employers and the public, an opportunity to participate in such processes, by such means as establishing
procedures for consideration of expert technical knowledge, and providing interested persons, including
employers, employees, recognized standards-producing organizations, and the public, an opportunity to
submit information requesting the development or promulgation of new standards or the modification or
revocation of existing standards and to participate in any hearings. This index may also be satisfied by such
means as the adoption of Federal standards, in which case the procedures at the Federal level before
adoption of a standard under section 6 may be considered to meet the conditions of this index.
(iv) Provides authority for the granting of variances from State standards upon application of a public
employer or employers which correspond to variances authorized under the Act, and for consideration of the
views of interested parties, by such means as giving affected employees notice of each application and an
opportunity to request and participate in hearings or other appropriate proceedings relating to applications
for variances.
(v) Provides for prompt and effective standards setting actions for the protection of employees against new
and unforeseen hazards, by such means as the authority to promulgate emergency temporary standards.
Such authority is particularly appropriate for those situations where public employees are exposed to unique
hazards for which existing standards do not provide adequate protection.
(vi) Provides that State standards contain appropriate provision for the furnishing to employees of
information regarding hazards in the workplace, including information about suitable precautions, relevant
symptoms, and emergency treatment in case of exposure; by such means as labelling, posting, and, where

appropriate, results of medical examinations, being furnished only to appropriate State officials and, if the
employee so requests, to his physician.
(vii) Provides that State standards where appropriate, contain specific provision for the protection of
employees from exposure to hazards, by such means as containing appropriate provision for the use of
suitable protective equipment and for control or technological procedures with respect to such hazards,
including monitoring or measuring such exposure.
(c) Enforcement. (1) The indices for measurement of a State plan for public employees with regard to
enforcement follow in paragraph (c)(2) of this section. The Assistant Secretary will determine whether the
plan satisfies the requirements of effectiveness with regard to each index as provided in paragraph (a) of
this section.
(2) The Assistant Secretary will determine whether the State plan for public employees:
(i) Provides for inspection of covered workplaces in the State by the designated agency or agencies or any
other agency which is duly delegated authority, including inspections in response to complaints where there
are reasonable grounds to believe a hazard exists, in order to assure, so far as possible, safe and healthful
working conditions for covered employees by such means as providing for inspections under conditions
such as those provided in section 8 of the Act.
(ii) Provides an opportunity for employees and their representative, before, during, and after inspections, to
bring possible violations to the attention of the State or local agency with enforcement responsibility in order
to aid inspections, by such means as affording a representative of the employer, and a representative
authorized by employees, an opportunity to accompany the inspector during the physical inspection of the
workplace, or where there is no authorized representative, provide for consultation by the inspector with a
reasonable number of employees.
(iii) Provides for notification of employees, or their representatives, when the State decides not to take
compliance action as a result of violations alleged by such employees or their representative, and further
provides for informal review of such decisions, by such means as written notification of decisions not to take
compliance action and the reasons therefor, and procedures for informal review of such decisions and
written statements of the disposition of such review.
(iv) Provides that public employees be informed of their protections and obligations under the Act, including
the provisions of applicable standards, by such means as the posting of notices or other appropriate sources
of information.
(v) Provides necessary and appropriate protection to an employee against discharge or discrimination in
terms and conditions of employment because he has filed a complaint, testified, or otherwise acted to
exercise rights under the State program for public employees for himself or others, by such means as
providing for appropriate sanctions against the State or local agency for such actions, and by providing for
the withholding, upon request, of the names of complainants from the employer.
(vi) Provides that public employees have access to information on their exposure to toxic materials or
harmful physical agents and receive prompt information when they have been or are being exposed to such
materials or agents in concentrations or at levels in excess of those prescribed by the applicable safety and
health standards, by such means as the observation by employees of the monitoring or measuring of such
materials or agents, employee access to the records of such monitoring or measuring, prompt notification by
a public employer to any employee who has been or is being exposed to such agents or materials in excess
of the applicable standards, and information to such employee of corrective action being taken.
(vii) Provides procedures for the prompt restraint or elimination of any conditions or practices in covered
places of employment which could reasonably be expected to cause death or serious physical harm
immediately or before the imminence of such danger can be eliminated through the enforcement procedures
otherwise provided for in the plan, by such means as immediately informing employees and employers of
such hazards, taking steps to obtain immediate abatement of the hazard by the employer, and, where
appropriate, authority to initiate necessary legal proceedings to require such abatement.

(viii) Provides that the designated agency (or agencies) and any agency to which it has duly delegated
authority, will have the necessary legal authority for the enforcement of standards by such means as
provisions for appropriate compulsory process to obtain necessary evidence or testimony in connection with
inspection and enforcement proceedings.
(ix) Provides for prompt notice to public employers and employees when an alleged violation of standards
has occurred, including the proposed abatement requirements, by such means as the issuance of a written
citation to the public employer and posting of the citation at or near the site of the violation; further provides
for advising the public employer of any proposed sanctions, wherever appropriate, by such means as a
notice to the employer by certified mail within a reasonable time of any proposed sanctions.
(x) Provides effective sanctions against public employers who violate State standards and orders, or
applicable public agency standards, such as those prescribed in the Act. In lieu of monetary penalties a
complex of enforcement tools and rights, such as various forms of equitable remedies available to the
designee including administrative orders; availability of employee rights such as right to contest citations,
and provisions for strengthened employee participation in enforcement may be demonstrated to be as
effective as monetary penalties in achieving complianace in public employment. In evaluating the
effectiveness of an alternate system for compelling compliance, elements of the enforcement educational
program such as a system of agency self inspection procedures, and in-house training programs, and
employee complaint procedures may be taken into consideration.
(xi) Provides for an employer to have the right of review of violations alleged by the State or any agency to
which it has duly delegated authority, abatement periods and proposed penalties, where appropriate, for
employees or their representatives to challenge the reasonableness of the period of time fixed in the citation
for the abatement of the hazard, and for employees or their representatives to have an opportunity to
participate in review, proceedings, by such means as providing for admininistrative review, with an
opportunity for a full hearing on the issues.
(xii) Provides that the State will undertake programs to encourage voluntary compliance by public employers
and employees by such means as conducting training and consultation with such employers and
employees, and encouraging agency self-inspection programs.
(d) Additional indices. Upon his own motion, or after consideration of data, views, and arguments received in
any proceedings held under subpart C of this part, the Assistant Secretary may prescribe additional indices
for any State plan for public employees which shall be in furtherance of the purpose of this section.

Subpart C—Approval, Change, Evaluation and Withdrawal of Approval Procedures
§ 1956.20 Procedures for submission, approval and rejection.
The procedures contained in subpart C of part 1902 of this chapter shall be applicable to submission,
approval, and rejection of State plans submitted under this part, except that the information required in
§1902.20(b)(1)(iii) would not be included in decisions of approval.

§ 1956.21 Procedures for submitting changes.
The procedures contained in part 1953 of this chapter shall be applicable to submission and consideration of
developmental, Federal program, evaluation, and State-initiated change supplements to plans approved
under this part.

§ 1956.22 Procedures for evaluation and monitoring.
The procedures contained in part 1954 of this chapter shall be applicable to evaluation and monitoring of
State plans approved under this part, except that the decision to relinquish Federal enforcement authority
under section 18(e) of the Act is not relevant to Phase II and III monitoring under §1954.2 and the guidelines
of exercise of Federal discretionary enforcement authority provided in §1954.3 are not applicable to plans
approved under this part. The factors listed in §1902.37(b) of this chapter, except those specified in

§1902.37(b)(11) and (12), which would be adapted to the State compliance program, provide the basis for
monitoring.

§ 1956.23 Procedures for certification of completion of development and determination
on application of criteria.
The procedures contained in §§1902.33 and 1902.34 of this chapter shall be applicable to certification of
completion of developmental steps under plans approved in accordance with this part. Such certification
shall initiate intensive monitoring of actual operations of the developed plan, which shall continue for at least
a year after certification, at which time a determination shall be made under the procedures and criteria of
§§1902.38, 1902.39, 1902.40 and 1902.41, that on the basis of actual operations, the criteria set forth in
§§1956.10 and 1956.11 of this part are being applied under the plan. The factors listed in §1902.37(b) of this
chapter, except those specified in §1902.37(b)(11) and (12) which would be adapted to the State's
compliance program provide the basis for making the determination of operational effectiveness.

§ 1956.24 Procedures for withdrawal of approval.
The procedures and standards contained in part 1955 of this chapter shall be applicable to the withdrawal of
approval of plans approved under this part 1956, except that (because these plans, as do public employee
programs aproved and financed in connection with a State plan covering private employees, must cover all
employees of State and local agencies in a State whenever a State is constitutionally able to do so, at least
developmentally), no industrial or occupational issues may be considered a separable portion of a plan
under §1955.2(a)(10); and, as Federal standards and enforcement do not apply to State and local
government employers, withdrawal of approval of a plan approved under this part 1956 could not bring
about application of the provisions of the Federal Act to such employers as set out in §1955.4 of this
chapter.

Subpart D—General Provisions and Conditions [Reserved]
Subpart E—Connecticut
Source: 43 FR 51390, Nov. 3, 1978, unless otherwise noted.
§ 1956.40 Description of the plan.
(a) The plan designates the Connecticut Department of Labor as the State agency responsible for
administering the plan throughout the State. The State has adopted all Federal standards promulgated as of
September 1977 and has given assurances that it will continue to adopt all Federal standards, revisions, and
amendments. The State further assured that in those situations where public employees are exposed to
unique hazards for which existing standards do not provide adequate protection, effective State standards
will be adopted. The plan includes legislation, Public Act 73–379, passed by the Connecticut Legislature in
1973 and amended as follows: P.A. 74–176, P.A. 75–285, P.A. 77–107, and P.A. 77–610. Under the
legislation the Connecticut Department of Labor, Occupational Safety and Health Division has full authority
to enforce and administer all laws and rules protecting the safety and health of employees of the State and
its political subdivisions. The plan is accompanied by a statement of the Governor's support and a legal
opinion that the Connecticut legislation meets the requirements of the Occupational Safety and Health Act of
1970 and is in accord with the constitution of the State.
(b) The plan establishes procedures for variances and the protection of employees from hazards under a
variance; insures inspection in response to complaints; provides employer and employee representatives an
opportunity to accompany inspectors and to call attention to possible violations before, during, and after
inspections; notification to employees or their representatives when no compliance action is taken as a
result of alleged violations, including informal review; notification of employees of their protection; protection
of employees against discharge or discrimination in terms and conditions of employment; provision for
prompt notices to employers and employees of violations of standards and abatement requirements;
sanctions against employers for violation of standards and orders; employer's right to appeal citations for
violations, abatement periods and proposed penalties; employee's right to appeal abatement periods; and
employee participation in review proceedings. Also included are provisions for right of entry for inspection,

“prohibition” of advance notice of inspection and the requirement for both employers and employees to
comply with the applicable rules, standards, and orders, and employer obligations to maintain records and
provide reports as required. Further, the plan provides assurances of a fully trained adequate staff and
sufficient funding.
(c) The plan includes the following documents as of the date of approval:
(1) The plan document and appendixes submitted January 30, 1978;
(2) Letter from the Commissioner, Connecticut Department of Labor, dated September 19, 1978, providing
supplemental assurances.

§ 1956.41 Where the plan may be inspected.
A copy of the plan may be inspected and copied during normal business hours at the following locations:
Office of State programs, 2100 M Street NW, Room 149, Washington, DC 20210; Office of the Regional
Administrator, Occupational Safety and Health Administration, Room 1804, John F. Kennedy Federal
Building, Boston, Mass. 02203; Connecticut Department of Labor, 200 Folly Brook Boulevard, Wethersfield,
Conn. 06109.

§ 1956.43 Developmental schedule.
The Connecticut plan is developmental. The following is a schedule of major developmental steps as
provided by the plan:
(a) A new State poster will be printed, by December 15, 1978, in order to reflect coverage of the public
sector only.
(b) Standards identical to or at least as effective as all existing Federal standards will be adopted by
February 1, 1979.
(c) Connecticut regulations equivalent to the following Federal provisions will be revised by April 1, 1979, to
show coverage of the public sector only and to accurately reflect the current program: 29 CFR part 1903
(Inspections, Citations, and Proposed Penalties); 29 CFR part 1904 (Recording and Reporting Occupational
Injuries and Illnesses); 29 CFR part 1905 (Variance Rules); 29 CFR part 2200 (Review Commission); and
the Field Operations Manual.
(d) The State will submit revised and updated provisions dealing with employee discrimination by May 1,
1979.
(e) The State will prepare by June 1, 1979, a comprehensive list of government entities whose employees
are covered by the plan, giving the number of employees for each entity, describing the work performed, and
assigning for each entity a standard industrial classification (SIC) code.
(f) The State will resubmit its plan in the required outline format by October 1, 1979.

§ 1956.44 Completion of developmental steps and certification.
(a) In accordance with 29 CFR 1956.43(f), Connecticut's reformatted and revised public employee only plan
and narrative description (including background information on program operations) were approved by the
Assistant Secretary on August 3, 1983.
(b) In accordance with 29 CFR 1956.43(a), Connecticut's safety and health poster for public employees only
was approved by the Assistant Secretary on August 3, 1983.

(c) In accordance with 29 CFR 1956.43(b), Connecticut has promulgated standards identical to all basic
Federal standards in 29 CFR parts 1910, 1926, and 1928. The State has continued to adopt Federal
standards, amendments and corrections as noted in separate standards approval notices.
(d) In accordance with 29 CFR 1956.43(c), Connecticut promulgated rules for inspections, citations, and
proposed penalties (Administrative Regulation Section 31–371–1 through 20) parallel to 29 CFR part 1903;
recording and reporting occupational injuries and illness (Administrative Regulation Section 31–374–1
through 15 parallel to 29 CFR part 1904; rules of practices for variances (Administrative Regulation Section
31–372–1 through 51) parallel to 29 CFR part 1905; and review commission procedures (Administrative
Regulation Section 31–376–1 through 61) parallel to 29 CFR part 2200. In addition, Connecticut adopted
Field Operations and Industrial Hygiene Manuals identical to the Federal. These supplements were
approved by the Assistant Secretary on August 3, 1983.
(e) In accordance with 29 CFR 1956.43(d), Connecticut's employee discrimination provisions (Administrative
Regulation Section 31–379–1 through 22) were approved by the Assistant Secretary on August 3, 1983.
(f) In accordance with 29 CFR 1956.43(e), Connecticut's comprehensive list classifying governmental
entities covered by the plan was approved by the Assistant Secretary on August 3, 1983.
(g) In accordance with 29 CFR 1956.10(g), a State is required to have a sufficient number of adequately
trained and competent personnel to discharge its responsibilities under the plan. The Connecticut Public
Employee Only State plan provides for three (3) safety compliance officers and one (1) health compliance
officer as set forth in the Connecticut Fiscal Year 1986 grant. This staffing level meets the “fully effective”
benchmarks established for Connecticut for both safety and health.
(h) In accordance with §1956.23 of this chapter, the Connecticut occupational safety and health public
employee only plan was certified effective August 19, 1986 as having completed all developmental steps
specified in the plan as approved October 2, 1978, on or before October 2, 1979. This certification attests to
the structured completeness of the plan, but does not render judgment on adequacy of performance.
[48 FR 37027, Aug. 16, 1983, as amended at 51 FR 32454, Sept. 12, 1986]

Subpart F—New York
Authority: Secs. 8(g), 18, 84 Stat. 1600, 1608 (29 U.S.C. 657(g), 667); 29 CFR part 1956,
Secretary of Labor's Order 9–83 (48 FR 35736).
Source: 49 FR 23000, June 1, 1984, unless otherwise noted.
§ 1956.50 Description of the plan as certified.
(a) Authority and scope. The New York State Plan for Public Employee Occupational Safety and Health
received initial OSHA approval on June 1, 1984, and was certified as having successfully completed its
developmental steps on August 16, 2006. The plan designates the New York Department of Labor as the
State agency responsible for administering the plan throughout the State. The plan includes legislation, the
New York Act (Public Employee Safety and Health Act, Chapter 729 of the Laws of 1980/Article 2, Section
27–a of the New York State Labor Law), enacted in 1980, and amended on April 17, 1984; August 2, 1985;
May 25 and July 22, 1990; April 10, 1992; June 28, 1993; and April 1, 1997. Under this legislation, the
Commissioner of Labor has full authority to enforce and administer all laws and rules protecting the safety
and health of all employees of the State and its political subdivisions. In response to OSHA's concern that
language in section 27–a.2 of the New York Act, regarding the Commissioner of Education's authority with
respect to school buildings, raised questions about the coverage under the plan of public school employees,
in 1984 New York submitted amendments to its plan consisting of Counsel's opinion and an assurance that
public school employees are fully covered under the terms of the PESH Act.
(b) Standards . The New York plan, as of revisions dated April 28, 2006, provides for the adoption of all
Federal OSHA standards promulgated as of that date, and for the incorporation of any subsequent revisions

or additions thereto in a timely manner, including in response to Federal OSHA emergency temporary
standards. The procedure for adoption of Federal OSHA standards calls for publication of the Commissioner
of Labor's intent to adopt a standard in the New York State Register 45 days prior to such adoption.
Subsequent to adoption and upon filing of the standard with the Secretary of State, a notice of final action
will be published as soon as is practicable in the State Register. The plan also provides for the adoption of
alternative or different occupational safety and health standards if a determination is made by the State that
an issue is not properly addressed by OSHA standards and is relevant to the safety and health of public
employees. In such cases, the Commissioner of Labor will develop an alternative standard to protect the
safety and health of public employees in consultation with the Hazard Abatement Board, or on his/her own
initiative. The procedures for adoption of alternative standards contain criteria for consideration of expert
technical advice and allow interested persons to request development of any standard and to participate in
any hearing for the development or modification of standards.
(c) Variances. The plan includes provisions for the granting of permanent and temporary variances from
State standards in terms substantially similar to the variance provisions contained in the Federal program.
The State provisions require employee notification of variance applications and provide for employee
participation in hearings held on variance applications. Variances may not be granted unless it is established
that adequate protection is afforded employees under the terms of the variance, and variances may have
only future effect.
(d) Employee notice and discrimination protection. The plan provides for notification to employees of their
protections and obligations under the plan by such means as a State poster and required posting of notices
of violations. The plan also provides for protection of employees against discharge or discrimination resulting
from exercise of their rights under the State's Act in terms essentially identical to section 11(c) of the OSH
Act.
(e) Inspections and enforcement. The plan provides for inspection of covered workplaces, including
inspections in response to employee complaints. If a determination is made that an employee complaint
does not warrant an inspection, the complainant shall be notified, in writing, of such determination and
afforded an opportunity to seek informal review of the determination. The plan provides the opportunity for
employer and employee representatives to accompany the inspector during an inspection for the purpose of
aiding in the inspection. The plan also provides for right of entry for inspection and a prohibition of advance
notice of inspection. In lieu of first-instance monetary sanctions for violations, the plan establishes a system
for compelling compliance under which public employers are issued notices of violation and orders to
comply. Such notices fix a reasonable period of time for compliance. If compliance is not achieved by the
time of a follow-up inspection, daily failure-to-abate penalties of up to $50 for non-serious violations and up
to $200 for serious violations, will be proposed. The Commissioner of Labor may seek judicial enforcement
of orders to comply by commencing a proceeding pursuant to Article 78 of the New York Civil Practice Law.
In addition, the plan provides for expedited judicial enforcement when non-compliance is limited to nonpayment of penalties.
(f) Review procedures. Under the plan, public employers and employees may seek formal administrative
review of New York Department of Labor citations, including penalties and the reasonableness of the
abatement periods, by petitioning the New York Industrial Board of Appeals (IBA) no later than 60 days after
the issuance of the citation. The IBA is the independent State agency authorized by section 27–a(6)(c) of the
New York Act to consider petitions from affected parties for review of the Commissioner of Labor's
determinations. A contest does not automatically stay a notice of violation, penalty or abatement date; a stay
must be granted from the IBA. Judicial review of any decision of the IBA may be sought pursuant to Article
78 of the New York Civil Practice Law. Prior to contest, employers, employees and other affected parties
may seek informal review of citations, penalties and abatement dates by the Department of Labor by
requesting an informal conference in writing within 20 working days from the receipt of citation. If the
informal conference does not produce agreement, the affected party may seek formal administrative review
with the IBA. Public employees or their authorized representatives have the additional right under 12
NYCRR Part 805 to contest the abatement period by filing a petition with the Commissioner within 15
working days of the posting of the citation by filing a petition with the Department of Labor, or later if good
cause for late filing is shown. If the Commissioner denies the employee contest of abatement period under
Part 805 in whole or in part, the complaint will automatically be forwarded to the IBA for review. Under the
IBA rules, public employees or their representatives may request permission to participate in an employerinitiated review process as “intervenors.” The plan includes an April 28, 2006, assurance that should an
employee or employee representative request intervenor status in an employer-initiated case, the State will
appropriately inform the IBA of its support for the request. Should an employee's or employee

representative's request for participation be denied, the State will seek immediate corrective action to
guarantee the right to employee party status in employer-initiated cases. The period fixed in the plan for
contesting notices of violation is 60 calendar days, which is significantly longer than the 15 working day
period allowed under the Federal OSHA program. However, New York has provided assurance, by
Counsel's opinion of March 3, 1984, that it has the authority under Article 78 of the New York Civil Practice
Law to obtain judicial enforcement of an uncontested order to comply upon expiration of the abatement
period, regardless of whether the 60 day contest period has expired. New York has also assured that should
the State Labor Department's interpretation be successfully challenged, appropriate legislative correction
would be sought.
(g) Staffing and resources. The plan as revised April 28, 2006, provides assurances of a fully trained,
adequate staff, including 29 safety and 21 health compliance officers for enforcement inspections and 11
safety and 9 health consultants to perform consultation services in the public sector. The State has also
given satisfactory assurances of continued adequate funding to support the plan.
(h) Records and reports. The plan provides that public employers in New York will maintain appropriate
records and make timely reports on occupational injuries and illnesses in a manner substantially identical to
that required for private sector employers under Federal OSHA. New York has assured that it will continue
its participation in the Bureau of Labor Statistics Annual Survey of Injuries and Illnesses in the public sector.
The plan also contains assurances that the Commissioner of Labor will provide reports to OSHA in such
form as the Assistant Secretary may require, and that New York will participate in OSHA's Integrated
Management Information System.
(i) Voluntary compliance programs. The plan provides for training for public employers and employees;
seminars to familiarize affected public employers and employees with applicable standards, requirements
and safe work practices; and an on-site consultation program in the public sector to provide services to
public employers upon request.
[71 FR 47087, Aug. 16, 2006]

§ 1956.51 Developmental schedule.
The New York plan is developmental. The following is a schedule of major developmental steps as provided
in the plan:
(a) Adopt all OSHA standards promulgated as of July 1, 1983 (within three months after plan approval).
(b) Promulgate regulations for inspections, citations and abatement, equivalent to 29 CFR part 1903 (within
three years after plan approval).
(c) Submit State poster (within six months after plan approval).
(d) Extend BLS Survey of Injuries and Illnesses to State and local government (within one year after plan
approval).
(e) Promulgate regulations for granting variances, equivalent to 29 CFR part 1905 (within one year after plan
approval).
(f) Promulgate regulations for injury/illness recordkeeping, equivalent to 29 CFR part 1904 (within two years
after plan approval).
(g) Develop employee nondiscrimination procedures (within three years after plan approval).
(h) Promulgate procedures for review of contested cases (within three years after plan approval).
(i) Promulgate regulations for development of alternative State standards, equivalent to 29 CFR part 1911
(within three years after plan approval).

(j) Develop Field Operations Manual (within three years after plan approval).
(k) Develop Industrial Hygiene Manual (within three years after plan approval).
(l) Develop on-site consultation procedures for state and local government employers (within three years
after plan approval).
(m) Fully implement public employer/employee training and education program (within three years after plan
approval).
[49 FR 23000, June 1, 1984, as amended at 52 FR 20073, May 29, 1987]

§ 1956.52 Completed developmental steps and certification.
(a) In accordance with 29 CFR 1956.51(a), the State of New York promulgated standards identical to all
Federal OSHA standards as of July 1, 1983. A supplement to the State plan documenting this
accomplishment was initially approved by the Assistant Secretary on August 26, 1986 (51 FR 30449).
Subsequently, all OSHA standards promulgated through April 28, 2006, have been adopted as New York
State standards applicable to public employees. These identical standards; the State's different Air
Contaminants Standard (1910.1000); the additional hazard communication requirements, as applicable to
public sector employers only, in the New York Toxic Substances Act; and the State's independent
Workplace Violence Prevention law, were approved by the Assistant Secretary on August 16, 2006.
(b) In accordance with 29 CFR 1956.51(b), New York has promulgated regulations for inspections, citations
and abatement equivalent to 29 CFR part 1903 at 12 NYCRR Part 802 and implementing procedures in the
State compliance manual, as contained in the State's April 28, 2006, revised plan, which were approved by
the Assistant Secretary on August 16, 2006.
(c) In accordance with 29 CFR 1956.51(c), the New York safety and health poster for public employees only,
which was originally approved by the Assistant Secretary on May 16, 1985 (50 FR 21046), was approved,
as contained in the State's April 28, 2006, revised plan, by the Assistant Secretary on August 16, 2006.
(d) In accordance with 29 CFR 1956.51(d), the State extended its participation in the Bureau of Labor
Statistics (BLS) Survey of Injuries and Illnesses to the public sector. A supplement documenting this action
was approved by the Assistant Secretary on December 29, 1989 (55 FR 1204) and is contained in the
State's April 28, 2006, revised plan, which was approved by the Assistant Secretary on August 16, 2006.
(e) In accordance with 29 CFR 1956.51(e), the State promulgated regulations for granting variances
equivalent to 29 CFR part 1905 at 12 NYCRR Part 803, which were approved by the Assistant Secretary on
December 29, 1989 (55 FR 1204). These regulations, as revised and supplemented by implementing
procedures in the State's Field Operations Manual, are contained in the April 28, 2006, revised State plan,
and were approved by the Assistant Secretary on August 16, 2006.
(f) In accordance with 29 CFR 1956.51(f), the State initially promulgated regulations for injury/illness
recordkeeping, equivalent to 29 CFR part 1904, which were approved by the Assistant Secretary on
December 29, 1989 (55 FR 1204). The State's revised recordkeeping regulation, 12 NYCRR Part 801;
corresponding instructions (SH 901); and supplemental assurances concerning amendments to the SH 901
Instructions, after-hours reporting of fatalities and catastrophes, required reporting of delayed
hospitalizations, protected activity, and employee rights to receive a copy of the Annual Summary of
workplace injuries and illnesses, are contained in the April 28, 2006, revised plan, and were approved by the
Assistant Secretary on August 16, 2006.
(g) In accordance with 29 CFR 1956.51(g), the State developed and adopted employee non-discrimination
procedures equivalent to 29 CFR part 1977, which were approved by the Assistant Secretary on December
29, 1989 (55 FR 1204). Updated procedures, as contained in the April 28, 2006, revised plan, were
approved by the Assistant Secretary on August 16, 2006.

(h) In accordance with 29 CFR 1956.51(h), the State adopted procedures for the review of contested cases
equivalent to 29 CFR part 2200, which were approved by the Assistant Secretary on December 29, 1989 (55
FR 1204). The State's contested case procedures at Section 101 of the Labor Law; the “Rules of Procedure
and Practice” of the Industrial Board of Appeals, 12 NYCRR Chapter 1, Subchapter B, Parts 65 and 66; and
12 NYCRR 805, as contained in the April 28, 2006, revised plan, were approved by the Assistant Secretary
on August 16, 2006.
(i) In accordance with 29 CFR 1956.51(i), the State revised its plan to reflect its procedures for the adoption
of State standards identical to OSHA safety and health standards, which were approved by the Assistant
Secretary on December 29, 1989 (55 FR 1204). Subsequently, the State's procedures were revised to
provide that the Commissioner of Labor, in consultation with the Hazard Abatement Board, or on his/her own
initiative, can propose alternative or different occupational safety and health standards if a determination is
made that an issue is not properly addressed by Federal OSHA standards and is necessary for the
protection of public employees. The procedures for adoption of alternative standards contain criteria for
development and consideration of expert technical knowledge in the field to be addressed by the standard
and allow interested persons to submit information requesting development or promulgation of any standard
and to participate in any hearing for the development, modification or establishment of standards. These
procedures are contained in the April 28, 2006, revised plan, and were approved by the Assistant Secretary
on August 16, 2006.
(j) In accordance with 29 CFR 1956.51(j), the State has developed a Field Operations Manual which
parallels Federal OSHA's Field Operations Manual, CPL 02–00–045 [CPL 2.45B], incorporates other
Federal compliance policy directives, and contains procedures for unique State requirements. This manual
is contained in the April 28, 2006, revised plan, and was approved by the Assistant Secretary on August 16,
2006.
(k) In accordance with 29 CFR 1956.51(k), the State adopted the Federal Industrial Hygiene Manual,
including changes one (1) and two (2), through April 7, 1987, which was approved by the Assistant
Secretary on December 29, 1989 (55 FR 1204). The State's subsequent adoption of the OSHA Technical
Manual is documented in the April 28, 2006, revised State plan and was approved by the Assistant
Secretary on August 16, 2006.
(l) In accordance with 29 CFR 1956.51(l), the State issued a directive implementing an on-site consultation
program in the public sector, which was approved by the Assistant Secretary on December 29, 1989 (55 FR
1204). The State's current Consultation Policy and Procedures Manual and its description of New York's onsite consultation program and other compliance assistance efforts, as contained in the April 28, 2006,
revised plan, were approved by the Assistant Secretary on August 16, 2006.
(m) In accordance with 29 CFR 1956.51(m), the State has developed and implemented a public employer
and employee training and education program with procedures described in the Field Operations Manual,
which, as contained in the April 28, 2006, revised plan, was approved by the Assistant Secretary on August
16, 2006.
(n) A revised State plan as submitted on April 28, 2006, was approved and in accordance with 29 CFR
1956.23 of this chapter, the New York occupational safety and health State plan for public employees only
was certified on August 16, 2006 as having successfully completed all developmental steps specified in the
plan as initially approved on June 1, 1984. This certification attests to the structural completeness of the
plan, but does not render judgment as to adequacy of performance.
[71 FR 47089, Aug. 16, 2006]

§ 1956.53 [Reserved]
§ 1956.54 Location of basic State plan documentation.
Copies of basic State plan documentation are maintained at the following locations. Specific documents are
available upon request, and will also be provided in electronic format, to the extent possible. Contact the
Directorate of Cooperative and State Programs, Office of State Programs, U.S. Department of Labor,

Occupational Safety and Health Administration, 200 Constitution Avenue, NW., Room N–3700, Washington,
DC 20210; Office of the Regional Administrator, U.S. Department of Labor, Occupational Safety and Health
Administration, 201 Varick Street, Room 670, New York, New York 10014; and the New York Department of
Labor, Public Employee Safety and Health Program, State Office Campus Building 12, Room 158, Albany,
New York 12240. Current contact information for these offices (including telephone numbers and mailing
addresses) is available on OSHA's Web site, http://www.osha.gov.
[71 FR 47090, Aug. 16, 2006]

§ 1956.55 [Reserved]
Subpart G—New Jersey
Authority: Section 18 of the OSH Act, (29 U.S.C. 667), 29 CFR Part 1902, 29 CFR 1956, and
Secretary of Labor's Order No. 3–2000 (65 FR 50017).
Source: 66 FR 2272, Jan. 11, 2001, unless otherwise noted.
§ 1956.60 Description of the plan as initially approved.
(a) Authority and scope. The New Jersey State Plan for Public Employee Occupational Safety and Health
received initial OSHA approval on January 11, 2001. The plan designates the New Jersey Department of
Labor as the State agency responsible for administering the plan throughout the State. The plan includes
enabling legislation, Public Employees Occupational Safety and Health Act of 1995 (N.J.S.A. 34:6A–25 et
seq. ), enacted in 1984, and amended on July 25, 1995. Under this legislation, the State Commissioner of
Labor has full authority to enforce and administer all laws and rules protecting the safety and health of all
employees of the State and its political subdivisions under the Public Employee Occupational Safety and
Health program (PEOSH). The Commissioner of Health and Senior Services has authority for occupational
health matters including the authority to conduct health inspections, investigations and related activities.
However, all standards adoption and enforcement authority for both occupational safety and health remain
the responsibility of the New Jersey Department of Labor.
(b) Standards. New Jersey has adopted State standards identical to OSHA occupational safety and health
standards promulgated as of December 7, 1998, with differences only in its hazard communication and fire
protection standards. The State plan includes a commitment to bring those two (2) standards into
conformance with OSHA requirements and to update all standards within one year after plan approval. The
State plan also provides that future OSHA standards and revisions will be adopted by the State within six (6)
months of Federal promulgation, in accordance with 29 CFR 1953.21. Any emergency temporary standards
will be adopted within 30 days of Federal adoption. The State will adopt Federal OSHA standards in
accordance with the provisions of New Jersey statute, N.J.S.A. 52:14B–5; Federal standards shall be
deemed to be duly adopted as State regulations upon publication by the Commissioner of Labor. The plan
also provides for the adoption of alternative or different occupational safety and health standards by the
Commissioner of Labor in consultation with the Commissioner of Health and Senior Services, the
Commissioner of Community Affairs, and the Public Employee Occupational Safety and Health Advisory
Board, where no Federal standards are applicable to the conditions or circumstances or where standards
more stringent than the Federal are deemed advisable.
(c) Variances. The plan includes provisions for the granting of permanent and temporary variances from
State standards in terms substantially similar to the variance provisions contained in the OSH Act. The State
provisions require employee notification of variance applications as well as employee rights to participate in
hearings held on variance applications. Variances may not be granted unless it is established that adequate
protection is afforded employees under the terms of the variance. The State has committed to amend its
current variance procedures at N.J.A.C. 12:110–6 to bring them into conformance with Federal procedures
at 29 CFR Part 1905 within two years after state plan approval.
(d) Employee notice and discrimination protection. The plan provides for notification to employees of their
protections and obligations under the plan by such means as a State poster, and required posting of notices
of violations. The plan also provides for protection of employees against discharge or discrimination resulting

from exercise of their rights under the State's Act in terms similar to section ll(c) of the OSH Act. However,
employees have 180 days to file complaints of discrimination with the Commissioner of Labor; and the
Commissioner is authorized to both investigate and order all appropriate relief. The monetary penalty for
repeated violations (up to $70,000 per violation) may also be applicable to repeated employer acts of
discrimination.
(e) Inspections and enforcement. The plan provides for inspection of covered workplaces including
inspections in response to employee complaints, by both the Department of Labor, and by the Department
of Health and Senior Services with regard to health issues. If a determination is made that an employee
complaint does not warrant an inspection, the complainant shall be notified, in writing, of such determination
and afforded an opportunity to seek informal review of the determination. The plan also provides the
opportunity for employer and employee representatives to accompany the inspector during an inspection for
the purpose of aiding in the inspection. Employee(s) accompanying an inspector are entitled to normal
wages for the time spent during the inspection. The plan also provides for right of entry for inspection and
prohibition of advance notice of inspection. The Commissioner of Labor is responsible for all enforcement
actions including the issuance of citations/Orders to Comply which must also specify the abatement period,
posting requirements and the employer's and employee's right to contest any or all orders. Although the plan
does not provide for initial (first instance) monetary sanctions, the Commissioner of Labor has the authority
to impose civil administrative penalties of up to $7,000 per day for each violation, for failure to abate, if the
time for compliance with an order has elapsed, and the employer has not contested and has not made a
good faith effort to comply. Willful or repeated violations also are subject to civil administrative penalties of
up to $70,000 for each violation. Penalties may be recovered with costs in a civil action brought under the
New Jersey Penalty Enforcement Act (N.J.S.2A.:58–1 et seq. )
(f) Review procedures. Under the plan, employers, employees and other affected parties may seek informal
review with the Department of Labor relative to a notice of violation/Order to Comply, the reasonableness of
the abatement period, any penalty and/or may seek formal administrative review with the Occupational
Safety and Health Review Commission, a board appointed by the Governor and authorized under section
34:6A.42 of the New Jersey Act to hear and rule on appeals of orders to comply and any penalties
proposed. Any employer, employee or employee representative affected by a determination of the
Commissioner may file a contest within fifteen (15) working days of the issuance of an order to comply. The
Review Commission will issue an order, based on a finding of fact, affirming, modifying, or vacating the
commissioner's order to comply or the proposed penalty, or directing other appropriate relief, and the order
shall become final 45 days after its issuance. Judicial review of the decision of the Review Commission may
be sought at the Appellate Division of the Superior Court.
(g) Staffing and Resources. The plan further provides assurances of a fully trained, adequate staff, including
20 safety and 7 health compliance officers for enforcement inspections, and 4 safety and 3 health
consultants to perform consultation services in the public sector, and 2 safety and 3 health training and
education staff. The State has assured that it will continue to provide a sufficient number of adequately
trained and qualified personnel necessary for the enforcement of standards as required by 29 CFR 1956.10.
The State has also given satisfactory assurance of adequate funding to support the plan.
(h) Records and reports. The plan provides that public employers in New Jersey will maintain appropriate
records and make timely reports on occupational injuries and illnesses in a manner substantially identical to
that required for private sector employers under Federal OSHA. New Jersey has assured that it will continue
its participation in the Bureau of Labor Statistics Annual Survey of Injuries and Illnesses with regard to both
private and public sector employers. The State will comply with the provisions of 29 CFR 1904.7 which
allows full employee and employee representative access, including employee's names, to the log of
workplace injuries and illnesses; and will amend its regulations accordingly. The plan also contains
assurances that the Commissioner of Labor will provide reports to OSHA in such form as the Assistant
Secretary may require, and that New Jersey will participate in OSHA's Integrated Management Information
System.
(i) Voluntary compliance programs. The plan provides that training will be provided to public employers and
employees; seminars will be conducted to familiarize affected individuals with OSHA standards,
requirements and safe work practices; an on-site consultation program in the public sector will be
established to provide services to public employers who so desire; and, all State agencies and political
subdivisions will be encouraged to develop and maintain self inspection programs as well as internal safety
and health programs as an adjunct to but not a substitute for the Commissioner of Labor's enforcement.

§ 1956.61 Developmental Schedule.
The New Jersey State plan is developmental. The following is a schedule of major developmental steps as
provided in the plan:
(a) Adopt standards identical to or at least as effective as all existing OSHA standards within one year after
plan approval.
(b) Adopt amendments to regulations regarding inspections, citations, and proposed penalties equivalent to
29 CFR part 1903 within one year after plan approval.
(c) Develop a five year strategic plan within two years after plan approval.
(d) Develop field inspection reference manual and/or field operations manual within two years after plan
approval.
(e) Fully implement public employer/employee consultation, training and education program equivalent to 29
CFR part 1908 within three years after plan approval.
(f) Adopt amendments to regulations regarding discrimination against employees equivalent to 29 CFR part
1977 within two years after plan approval.
(g) Adopt amendments to regulations regarding variances equivalent to 29 CFR part 1905 within two years
after plan approval.
(h) Adopt amendments to regulations regarding record keeping equivalent to 29 CFR part 1904 within two
years after plan approval.

§ 1956.62 Completion of developmental steps and certification. [Reserved]
§ 1956.63 Determination of operational effectiveness. [Reserved]
§ 1956.64 Location of plan for inspection and copying.
A copy of the plan may be inspected and copied during normal business hours at the following locations:
Office of State Programs, U.S. Department of Labor, Occupational Safety and Health Administration, 200
Constitution Avenue, NW., Room N–3700, Washington, DC 20210; Office of the Regional Administrator,
U.S. Department of Labor, Occupational Safety and Health Administration, 1201 Varick Street, Room 670,
New York, New York 10014; and New Jersey Department of Labor, Division of Public Safety and
Occupational Safety and Health, Office of Public Employees' Safety, P.O. Box 386, 225 East State Street,
8th Floor West, Trenton, New Jersey 08625–0386.

Subpart H—The Virgin Islands
Source: 68 FR 43460, July 23, 2003, unless otherwise noted.
§ 1956.70 Description of plan as approved.
(a) The Virgin Islands State plan was converted to a public employee only occupational safety and health
program on July 1, 2003, and received initial approval on July 23, 2003. It is administered and enforced by
the Virgin Islands Department of Labor, Division of Occupational Safety and Health (“the agency,” or
“VIDOSH”) throughout the U.S. Virgin Islands (the “Virgin Islands”). The Virgin Islands public employee
program, established by Executive Order 200–76 on July 11, 1975, extends full authority under Virgin
Islands Act No. 3421, Section 16 (April 27, 1973) and implementing regulations to the agency to enforce and
administer all laws and rules protecting the safety and health of employees of the Government of the Virgin

Islands, its departments, agencies and instrumentalities, including any political subdivisions. It covers all
activities of public employers and employees and places of public employment. The Territory has adopted all
Federal standards promulgated as of June 2003, and has given assurances that it will continue to adopt and
update all Federal standards, revisions and amendments. The plan is accompanied by a statement of the
Governor's support.
(b) The plan establishes procedures for variances and the protection of employees from hazards under a
variance; insures inspection in response to complaints; provides employer and employee representatives an
opportunity to accompany inspectors and to call attention to possible violations before, during, and after
inspections; notification to employees or their representatives when no compliance action is taken as a
result of alleged violations, including informal review; notification of employees of their protection; protection
of employees against discharge or discrimination in terms and conditions of employment; includes provision
for prompt notices to employers and employees of violations of standards and abatement requirements and
either sanctions or alternative mechanisms to assure abatement; employer's right to appeal citations for
violations, abatement periods and any proposed sanctions and/or compulsory process; employee's right to
appeal abatement periods; and employee participation in review proceedings. Also included are provisions
for right of entry for inspection, prohibition of advance notice of inspection and the requirement for both
employers and employees to comply with the applicable rules, standards, and orders, and employer
obligations to maintain records and provide reports as required. Further, the plan provides assurances of a
fully trained adequate staff and sufficient funding, and for voluntary compliance programs, including a public
sector consultation program.

Note: The Virgin Islands' received initial approval for a comprehensive State plan covering the
private (safety only) and public sectors on September 11, 1973 (38 FR 24896) and final approval
under Section 18(e) of the Act on April 17, 1984 (49 FR 16766). Final approval status for that
State plan was suspended and full Federal concurrent enforcement authority was reinstated on
November 13, 1995 (60 FR 56950). Effective July 1, 2003, the Virgin Islands withdrew the portion
of its State plan which covered private sector employment, and exclusive Federal enforcement
jurisdiction for the private sector resumed.
§ 1956.71 Developmental schedule.
The Virgin Islands State plan for public employees only is developmental. The following is a schedule of
major developmental steps to be completed:
(a) The Virgin Islands will review and amend its legislation and regulations, as appropriate, to assure proper
statutory authority for “at least as effective” coverage of all public sector employers and employees including
Territorial government employers and employees and any employers or employees of municipalities or other
local governmental entities. The plan will be revised to include a legal opinion that the converted plan meets
the requirements of the Occupational Safety and Health Act of 1970 and is consistent with the laws of the
Virgin Islands. These actions will occur within one year of plan conversion approval.
(b) The Virgin Islands will review and amend its legislation and regulations as necessary to reflect its more
limited coverage and to be consistent with formal withdrawal of Federal approval of the private sector portion
of the State plan, within one year of plan conversion approval.
(c) The Virgin Islands will review its statutory authority regarding standards adoption and take appropriate
legislative or administrative action to assure that it is consistent with 29 CFR part 1953 and that all standards
applicable to the public sector will be promulgated within six months of the promulgation date of new Federal
OSHA standards, within one year of plan conversion approval.
(d) The Virgin Islands will take appropriate legislative or administrative action to assure effective sanctions,
either as monetary penalties, or an alternative mechanism for compelling abatement in the public sector
within one year of plan conversion approval.
(e) The Virgin Islands will develop a five-year strategic plan and corresponding annual performance plan
within two years of plan conversion approval.

(f) A new State poster will be developed and distributed to reflect coverage of the public sector only within
one year of plan conversion approval.
(g) The Virgin Islands will submit a revised State plan, in electronic format to the extent possible, reflecting
its coverage of public employers and employees only in accordance with 29 CFR 1956, within one year of
plan conversion approval.
(h) The Virgin Islands will hire and provide appropriate training for their public sector compliance and
consultation staffs, within one year of plan conversion approval.
(i) The Virgin Islands will develop a public sector consultation program within two years of plan conversion
approval.

§ 1956.72 Changes to approved plan. [Reserved]
§ 1956.73 Determination of operational effectiveness. [Reserved]
§ 1956.74 Location of basic State plan documentation.
Copies of basic State plan documentation are maintained at the following locations. Specific documents are
available upon request, and will be provided in electronic format, to the extent possible. Contact the:
Directorate of Cooperative and State Programs, Office of State Programs, U.S. Department of Labor,
Occupational Safety and Health Administration, 200 Constitution Avenue, NW., Room N–3700, Washington,
DC 20210; Office of the Regional Administrator, U.S. Department of Labor, Occupational Safety and Health
Administration, 201 Varick Street, Room 670, New York, New York 10014; and the Virgin Islands
Department of Labor, Division of Occupational Safety and Health, 3021 Golden Rock, Christiansted, St.
Croix, Virgin Islands, 00840. Current contact information for these offices (including telephone numbers,
mailing and e-mail addresses) is available on OSHA's Web site, http://www.osha.gov.

Subpart I—Illinois
Source: 74 FR 45114, Sept. 1, 2009, unless otherwise noted.
§ 1956.80 Description of the plan as initially approved.
(a) Authority and scope. The Illinois State Plan for Public Employee Occupational Safety and Health
received initial OSHA approval on September 1, 2009. The Plan designates the Illinois Department of Labor
as the State agency responsible for administering the Plan throughout the State. The Plan includes as
enabling legislation the Illinois Safety Inspection and Education Act (SIEA) [820 ILCS 220] and the Illinois
Health and Safety Act (HSA) [820 ILCS 225]. Under the legislation, the State Director of Labor has full
authority to adopt, enforce and administer all laws and rules protecting the safety and health of all
employees of the State and its political subdivisions under the Illinois Public Employee Only State Plan.
(b) Standards. Illinois has adopted State standards identical to OSHA occupational safety and health
standards promulgated through September 30, 2005. The State Plan provides that these standards will be
updated within one year of plan approval and future OSHA standards and revisions will be adopted by the
State within six months of Federal promulgation, in accordance with 29 CFR 1953.5. Any emergency
temporary standards will be adopted within 30 days of Federal adoption. The State will adopt Federal OSHA
standards in accordance with the provisions of the Illinois Health and Safety Act [820 ILCS 225/4.1]. The
Plan also provides for the adoption of alternative or different occupational safety and health standards by the
Director of Labor, where no Federal standards are applicable to the conditions or circumstances or where
standards more stringent than Federal are deemed appropriate.
(c) Variances. The Plan includes provisions for the granting of permanent and temporary variances from
State standards in terms substantially similar to the variance provisions contained in the OSH Act. The State
provisions require employee notification of variance applications as well as employee rights to participate in
hearings held on variance applications. Variances may not be granted unless it is established that adequate

protection is afforded employees under the terms of the variance. The State has committed to amend its
current variance procedures at 56 ILAC 350.40 to bring them into conformance with Federal procedures at
29 CFR 1905 within two years of plan approval.
(d) Employee notice and discrimination protection. The Plan provides for notification to employees of their
protections and obligations under the Plan by such means as the State poster and required posting of
notices of violations. The Plan also provides for protection of employees against discharge or discrimination
resulting from exercise of their rights under the State's Acts in terms similar to section 11(c) of the OSH Act.
The SIEA provides that an employee who believes that he or she has been discharged or otherwise
discriminated against by any person in violation of this section may, within 30 calendar days after the
violation occurs, file a complaint with the Director of Labor alleging the discrimination. The Plan provides that
the Director shall investigate such complaints as appropriate and make a determination within 90 days. If the
Director determines that the provisions of this section have been violated, the Director shall bring an action
in the circuit court for appropriate relief.
(e) Inspections and enforcement. The Plan provides for inspection of covered workplaces, including
inspections in response to employee complaints by the Department of Labor. If a determination is made that
an employee complaint does not warrant an inspection, the complainant shall be notified, in writing, of such
determination and afforded an opportunity to seek informal review of the determination. The Plan provides
the opportunity for employer and employee representatives to accompany the inspector during an inspection
for the purpose of aiding in the inspection and in the absence of such a representative, the right to interview
a reasonable number of employees during the inspection. The Plan also provides for the right of entry for
inspection and prohibition of advance notice of inspection. The Director of Labor is responsible for all
enforcement actions, including the issuance of all citations which must specify the abatement period, posting
requirements, and the employer's and employees' right to contest any or all citations. Although the Plan
contains authority for a system of first-instance monetary penalties, in practice it is the State's intent to issue
monetary penalties only for failure to correct and egregious violations. The State has discretionary authority
for civil penalties of not more than $10,000 for repeat and willful violations. Serious and other-than-serious
violations may be assessed a penalty of up to $1,000 per violation and failure-to-correct violations may be
assessed a penalty of up to $1,000 per violation per day. In addition, any public employer who willfully
violates any standard, rule, or order can be charged by the Attorney General with a Class 4 felony if that
violation causes death to any employee.
(f) Review procedures. Although the Director has statutory responsibility for both the enforcement and the
appeals process (820 ILCS 220/2.4), in practice, Administrative Law Judges (ALJ) hear contested cases
without any oversight or review by the Director. The State will make appropriate changes to its regulations
and procedures to ensure the separation of these functions and the independence of the adjudicatory
process within one year of plan approval. The Director of Labor will remain responsible for the enforcement
process, including the issuance of citations and penalties, and their defense, if contested. Public employers
or their representatives who receive a citation or a proposed penalty may within 15 working days contest the
citation, proposed penalty and/or abatement period and request a hearing before an Administrative Law
Judge. Any public employee or representative may within 15 working days request a hearing before an ALJ
regarding the reasonableness of the abatement period. Informal review prior to contest may also be
requested at the division level. The ALJ's decision is subject to appeal to the courts.
(g) Staffing and resources. The Plan further provides assurances of a fully trained, adequate staff within
three years of plan approval, including 11 safety and 3 health compliance officers for enforcement
inspections, and 3 safety and 2 health consultants to perform consultation services in the public sector. The
State has assured that it will continue to provide a sufficient number of adequately trained and qualified
personnel necessary for the enforcement of standards as required by 29 CFR 1956.10. The State has also
given satisfactory assurance of adequate funding to support the Plan.
(h) Records and reports. The Plan provides that public employers in Illinois will maintain appropriate records
and make timely reports on occupational injuries and illnesses in a manner substantially identical to that
required for private sector employers under Federal OSHA. Illinois has assured that it will coordinate with
the Illinois Department of Health to expand its participation in the Bureau of Labor Statistics Annual Survey
of Injuries and Illnesses to include public sector employers. The State will comply with the provisions of 29
CFR 1904.7, which allow full employee and employee representative access, including employee's names,
to the log of workplace injuries and illnesses; and will amend its recordkeeping regulations within two years
of plan approval. The Plan also contains assurances that the Director of Labor will provide reports to OSHA

in such form as the Assistant Secretary may require, and that Illinois will participate in OSHA's Integrated
Management Information System as well as it successor, OSHA Information System, once deployed.
(i) Voluntary compliance programs. The Plan provides that training will be provided to public employers and
employees; a separate on-site consultation program in the public sector will be established to provide
services to public employers who request assistance; and all State agencies and political subdivisions will
be encouraged to develop and maintain internal safety and health programs as an adjunct to, but not a
substitute for, the Director of Labor's enforcement.

§ 1956.81 Developmental schedule.
The Illinois State Plan is developmental. The following is a schedule of major developmental steps as
provided in the Plan that will be accomplished within three years of plan approval:
(a) Illinois will adopt standards identical to or at least as effective as the applicable existing OSHA standards
and revise the Rules of Procedures in Administrative Hearings (56 ILAC 120), clarifying the separation of the
enforcement role of the Director of Labor from the adjudicatory role in contested cases, within one year after
plan approval.
(b) Illinois will update and adopt amendments to the Illinois Administrative Rules (56 ILAC 350) regarding
identical standards, variances, inspections, review system for contested cases and employee access to
information equivalent to 29 CFR parts 1903, 1905, 1911 and 2200 within two years after plan approval.
(c) Illinois will adopt amendments to rules regarding recordkeeping substantially identical to 29 CFR part
1904 within two years after plan approval.
(d) An annual performance plan will be developed and submitted with the FY 2010 Grant Application. The
performance plan will focus on achievement of developmental steps and activity reporting until such time as
the program is fully operational, at which point objective, results-oriented performance goals will be
established.
(e) Illinois will develop an inspection scheduling system that targets high hazard establishments within two
years of plan approval.
(f) Illinois will develop a comprehensive field operations manual that is at least as effective as the Federal
Field Operations Manual within two years after plan approval.
(g) Illinois will begin hiring critical program management staff and filling current vacancy positions within 30
days of plan approval.
(h) Illinois will hire the additional Enforcement program field and support staff within two years of plan
approval.
(i) Illinois will fully implement and staff a public employer/employee Consultation program equivalent to 29
CFR part 1908, and training and education programs separate from Enforcement, within three years after
plan approval.
(j) Illinois will have an authorized compliance staff of 11 Safety Inspectors and 3 Industrial Hygienists (nonsupervisory) and a public sector consultation staff of 3 Safety Consultants and 2 Industrial Hygiene
Consultants within three years of plan approval.
(k) Illinois and OSHA will develop a plan for joining the OSHA Integrated Management Information System
to report State plan activity, including specific information on inspections, consultation visits, etc., in
conjunction with OSHA, within six months of plan approval. Illinois will convert to the new OSHA Information
System upon its deployment. In the interim, Illinois will provide monthly reports on its activity in an agreed
upon format.

(l) Illinois will coordinate with the Illinois Department of Public Health and the Bureau of Labor Statistics to
expand the current Illinois survey to provide more detailed injury/illness/fatality rates on State and local
government, within two years of plan approval.
(m) Illinois will revise and submit a State poster for posting at all public sector workplaces in the State within
one year of plan approval.

§ 1956.82 [Reserved]
§ 1956.83 [Reserved]
§ 1956.84 Location of plan for inspection and copying.
A copy of the plan may be inspected and copied during normal business hours at the following locations:
Office of State Programs, U.S. Department of Labor, Occupational Safety and Health Administration, 200
Constitution Avenue, NW., Room N–3700, Washington, DC 20210; OSHA's Regional Office in Chicago,
Illinois, at 230 South Dearborn Street, 32nd Floor, Room 3244, Chicago, IL 60604; and at: the Offices of the
Illinois Department of Labor, Safety Inspection and Education Division at 1 West Old State Capitol Plaza,
3rd floor, Springfield, IL 62701; 160 North LaSalle Street, Suite C–1300, Chicago, IL 60601; or 2309 West
Main Street, Suite 115, Marion, IL 62959.