29 Cfr 1956

Electronic Code of Federal Regulations
e-CFR data is current as of March 5, 2019
Title 29 → Subtitle B → Chapter XVII → 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
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]

AUTHORITY: Section 18 (29 U.S.C. 667), 29 CFR parts 1902 and 1955, and Secretary of Labor's Order No. 12012 (77 FR 3912, Jan. 25, 2012).
SOURCE: 41 FR 12429, Mar. 4, 1977, unless otherwise noted.
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Subpart A—General
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§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.
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§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.
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Subpart B—Criteria
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§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.
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§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 standardsproducing 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.
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Subpart C—Approval, Change, Evaluation and Withdrawal of Approval Procedures
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§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.
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§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.
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§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.
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§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.
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§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.