State Plan States

Some states have different requirements than the federal Standard, however, states may not have requirements which are less effective than federal OSHA. If your employer is in an OSHA-approved State Plan State, then your workplace must comply with the State s requirements, which might be different than OSHA s. 

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OSHA IMIS Records of workplace inspections, including those prompted by accidents where a worker is injured 1984-Present Information from OSHA field inspections, a third party More accurate description of impacts on employees and contractors Keyword indexing allows for easy search and retrieval Not comprehensive, limited to incidents selected by OSHA Inspections without abstracts cannot be keyword searched causal information unavailable Designed to assist compliance enforcement, not to report on incident causes Limited information from State-Plan states Not designed to be a lessons-leamed database... 

Limited information from State-Plan states... 

This Instruction establishes enforcement policies and procedures for OSH A s Severe Violator Enforcanent Program (SVEP), which concentrates resources on inspecting employers who have demonstrated indifference to their OSH Act obligations by committing willful, repeated, or failure-to-abate violations. Enforcement actions for severe violator cases include mandatory follow-up inspections, iuCTcased company/ corporate awareness of OSHA enforcement, corporate-wide agreanents, where appropriate, enhanced settlement provisions, and federal court enforcement under Section 11(b) of the OSH Act. In addition, this Instruction provides for nationwide referral procedures, which includes OSHA s State Plan States. This Instruction replaces OSHA s Enhanced Enforcanent Program (EEP). 

Creates a nationwide referral procedure for Regions and State Plan States. 

At the request of the Director of the Directorate of Enforcement Programs, the Regional Administrator, or the Regional Coordinator, OSA will assist in identifying similar and other related worksites nationwide (including in State Plan States) of the same employer. 

When any of the three or fewer workplaces that the Regional Administrator believes should be inspected are in one or more of the Region s State Plan States, the information will be forwarded to the State Plan Designee for inspection. A copy of the referral will also be sent to the Director of DEP. 

When the Director ofDEPdeemsitnecessary tonotify Regional Administrators and State Designees regarding activity of a particular construction employer with worksites in more than one Region and/or State Plan States, the Director will issue a SVEP Nationwide referral. The procedures outlined under XV.B.4.b. (p. 13) will be followed. 

Federal OSHA and State-plan State Inspections ... 

OSHA state-plan-states Certain states have more stringent regulations than Federal OSHA. If you operate in a state-plan-state, check with your local OSHA office to determine if there are regulations that go above and beyond Federal OSHA. 

OSHA state-plan-states Remember that certain states have more stringent regulations that go above and beyond the OSHA standards. 

I (b) Implementation. (1) State-Plan States must have the same requirements as Federal OSHA for determining which injuries and illnesses are recordable and how they are recorded. 

For other Part 1904 provisions (for example, industry exemptions, reporting of fatalities and hospitalizations, record retention, or employee involvement), State-Plan State requirements may be more stringent than or supplemental to the Federal requirements, but because of the unique nature of the national recordkeeping program. States must consult with and obtain approval of any such requirements. 

A State-Plan State may not issue a variance to a private sector employer and must recognize all variances issued by Federal OSHA. 

A State-Plan State may only grant an injury and illness recording and reporting variance to a State or local government employer within the State after obtaining approval to grant the variance from Federal OSHA. 

Do I have to answer the OSHA survey form if I am located in a State-Plan State Yes, all employers who receive survey forms must respond to the survey, even those in State-Plan States. 

The Occupational Safety and Health Administration (OSHA) requires a fire prevention plan for the protection of employees. The Code of Federal Regulations under 1910.39 lists the minimum requirements for such a prevention plan. It is required for all general industry workplaces except for mobile stations such as vessels and vehicles. All OSHA state-plan states must cover government and municipal employees. There may also be state law in a federal-plan state that adopts these regulations for public workers or develops its own standards. Regardless, it is a best management practice for any facility to incorporate these minimum requirements. 

Furniture stores State and local government employers in state-plan states... 

A state-plan state cannot issue a variance to a private sector employer and must recognize all variances issued by federal OSHA. It can, however, grant a variance to a state or local government employer after obtaining approval from federal OSHA. 

Even if you are exempt from keeping injvu y and illness records, OSHA can request that it will be collecting injury and illness information from you in the following year. If you receive letter requesting the information, you must keep the injury and illness records and make a survey report for the year covered by the survey. This applies to employers in state-plan states as well as those covered by federal OSHA. 

A. If your workplace is located in a State that operates an OSHA-approved State-Plan, you must follow the regulations of the State. However, these States must adopt occupational injury and illness recording and reporting requirements that are substantially identical to the requirements in Part 1904. State-Plan States must have the same requirements as federal OSHA for determining which injruies and illnesses are recordable and how they are recorded. 

A. No, but they are covered under the equivalent State nile in States that operate OSHA-approved State-Plans. State rules must cover these workplaces and require the recording and reporting of work-related injuries and illnesses. 

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