State-plan states required to adopt federal rule provisions
Posted April 24, 2017
OSHA’s final Walking-Working Surfaces rule, published on November 18, 2016, gave state-plan states six months to adopt the same, or stricter, provisions than those found in new 29 CFR 1910 Subparts D and I. This means state-plan states have until May 18, 2017, to adopt the requirements in the new rule.
There are 28 states with OSHA-approved state safety plans, known as state-plan states. Currently, 22 states and jurisdictions operate complete state plans that cover both private and public employees. Five states and the Virgin Islands cover public employees only. Any time OSHA finalizes a new rule, state-plan states must adopt the same, or stricter, provisions to maintain their status.
Iowa was the first state to adopt the new Subpart D requirements, with New Jersey following more recently. Many other states, including North Carolina and Oregon are working toward adopting them.
State rulemaking can be a slow and arduous process, meaning many states may not meet the six-month deadline. Some states have robust regulations in place that go beyond the new Subpart D requirements and already address the new federal provisions. These states must compare their existing state regulations with the federal regulations. So it may be a while before these states are able to complete their own rulemakings.
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