§ 667. — State jurisdiction and plans.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC667]
TITLE 29--LABOR
CHAPTER 15--OCCUPATIONAL SAFETY AND HEALTH
Sec. 667. State jurisdiction and plans
(a) Assertion of State standards in absence of applicable Federal
standards
Nothing in this chapter shall prevent any State agency or court from
asserting jurisdiction under State law over any occupational safety or
health issue with respect to which no standard is in effect under
section 655 of this title.
(b) Submission of State plan for development and enforcement of State
standards to preempt applicable Federal standards
Any State which, at any time, desires to assume responsibility for
development and enforcement therein of occupational safety and health
standards relating to any occupational safety or health issue with
respect to which a Federal standard has been promulgated under section
655 of this title shall submit a State plan for the development of such
standards and their enforcement.
(c) Conditions for approval of plan
The Secretary shall approve the plan submitted by a State under
subsection (b) of this section, or any modification thereof, if such
plan in his judgment--
(1) designates a State agency or agencies as the agency or
agencies responsible for administering the plan throughout the
State,
(2) provides for the development and enforcement of safety and
health standards relating to one or more safety or health issues,
which standards (and the enforcement of which standards) are or will
be at least as effective in providing safe and healthful employment
and places of employment as the standards promulgated under section
655 of this title which relate to the same issues, and which
standards, when applicable to products which are distributed or used
in interstate commerce, are required by compelling local conditions
and do not unduly burden interstate commerce,
(3) provides for a right of entry and inspection of all
workplaces subject to this chapter which is at least as effective as
that provided in section 657 of this title, and includes a
prohibition on advance notice of inspections,
(4) contains satisfactory assurances that such agency or
agencies have or will have the legal authority and qualified
personnel necessary for the enforcement of such standards,
(5) gives satisfactory assurances that such State will devote
adequate funds to the administration and enforcement of such
standards,
(6) contains satisfactory assurances that such State will, to
the extent permitted by its law, establish and maintain an effective
and comprehensive occupational safety and health program applicable
to all employees of public agencies of the State and its political
subdivisions, which program is as effective as the standards
contained in an approved plan,
(7) requires employers in the State to make reports to the
Secretary in the same manner and to the same extent as if the plan
were not in effect, and
(8) provides that the State agency will make such reports to the
Secretary in such form and containing such information, as the
Secretary shall from time to time require.
(d) Rejection of plan; notice and opportunity for hearing
If the Secretary rejects a plan submitted under subsection (b) of
this section, he shall afford the State submitting the plan due notice
and opportunity for a hearing before so doing.
(e) Discretion of Secretary to exercise authority over comparable
standards subsequent to approval of State plan; duration;
retention of jurisdiction by Secretary upon determination of
enforcement of plan by State
After the Secretary approves a State plan submitted under subsection
(b) of this section, he may, but shall not be required to, exercise his
authority under sections 657, 658, 659, 662, and 666 of this title with
respect to comparable standards promulgated under section 655 of this
title, for the period specified in the next sentence. The Secretary may
exercise the authority referred to above until he determines, on the
basis of actual operations under the State plan, that the criteria set
forth in subsection (c) of this section are being applied, but he shall
not make such determination for at least three years after the plan's
approval under subsection (c) of this section. Upon making the
determination referred to in the preceding sentence, the provisions of
sections 654(a)(2), 657 (except for the purpose of carrying out
subsection (f) of this section), 658, 659, 662, and 666 of this title,
and standards promulgated under section 655 of this title, shall not
apply with respect to any occupational safety or health issues covered
under the plan, but the Secretary may retain jurisdiction under the
above provisions in any proceeding commenced under section 658 or 659 of
this title before the date of determination.
(f) Continuing evaluation by Secretary of State enforcement of approved
plan; withdrawal of approval of plan by Secretary; grounds;
procedure; conditions for retention of jurisdiction by State
The Secretary shall, on the basis of reports submitted by the State
agency and his own inspections make a continuing evaluation of the
manner in which each State having a plan approved under this section is
carrying out such plan. Whenever the Secretary finds, after affording
due notice and opportunity for a hearing, that in the administration of
the State plan there is a failure to comply substantially with any
provision of the State plan (or any assurance contained therein), he
shall notify the State agency of his withdrawal of approval of such plan
and upon receipt of such notice such plan shall cease to be in effect,
but the State may retain jurisdiction in any case commenced before the
withdrawal of the plan in order to enforce standards under the plan
whenever the issues involved do not relate to the reasons for the
withdrawal of the plan.
(g) Judicial review of Secretary's withdrawal of approval or rejection
of plan; jurisdiction; venue; procedure; appropriate relief;
finality of judgment
The State may obtain a review of a decision of the Secretary
withdrawing approval of or rejecting its plan by the United States court
of appeals for the circuit in which the State is located by filing in
such court within thirty days following receipt of notice of such
decision a petition to modify or set aside in whole or in part the
action of the Secretary. A copy of such petition shall forthwith be
served upon the Secretary, and thereupon the Secretary shall certify and
file in the court the record upon which the decision complained of was
issued as provided in section 2112 of title 28. Unless the court finds
that the Secretary's decision in rejecting a proposed State plan or
withdrawing his approval of such a plan is not supported by substantial
evidence the court shall affirm the Secretary's decision. The judgment
of the court shall be subject to review by the Supreme Court of the
United States upon certiorari or certification as provided in section
1254 of title 28.
(h) Temporary enforcement of State standards
The Secretary may enter into an agreement with a State under which
the State will be permitted to continue to enforce one or more
occupational health and safety standards in effect in such State until
final action is taken by the Secretary with respect to a plan submitted
by a State under subsection (b) of this section, or two years from
December 29, 1970, whichever is earlier.
(Pub. L. 91-596, Sec. 18, Dec. 29, 1970, 84 Stat. 1608.)
Section Referred to in Other Sections
This section is referred to in sections 670, 671a, 672 of this
title; title 7 section 1942.
