1952.295(a)
As a result of the Assistant Secretary's determination granting
final approval to the Nevada State plan under section 18(e) of the Act,
effective April 18, 2000, occupational safety and health standards
which have been promulgated under section 6 of the Act do not apply
with respect to issues covered under the Nevada Plan. This
determination also relinquishes concurrent Federal OSHA authority to
issue citations for violations of such standards under section 5(a)(2)
and 9 of the Act; to conduct inspections and investigations under
section 8 (except those necessary to conduct evaluation of the plan
under section 18(f) and other inspections, investigations, or
proceedings necessary to carry out Federal responsibilities not
specifically preempted by section 18(e)); to conduct enforcement
proceedings in contested cases under section 10; to institute
proceedings to correct imminent dangers under section 13; and to
propose civil penalties or initiate criminal proceedings for violations
of the Federal OSH Act under section 17. The Assistant Secretary
retains jurisdiction under the above provisions in any proceeding
commenced under section 9 or 10 before the effective date of the 18(e)
determination.
..1952.295(b)
1952.295(b)
1952.295(b)(1)
In accordance with section 18(e), final approval
relinquishes Federal OSHA authority only with regard to occupational
safety and health issues covered by the Nevada plan. OSHA retains full
authority over issues which are not subject to State enforcement under
the plan. Thus, Federal OSHA retains its authority relative to safety
and health in private sector maritime activities and will continue to
enforce all provisions of the Act, rules or orders, and all Federal
standards, current or future, specifically directed to any private
sector maritime activities (occupational safety and health standards
comparable to 29 CFR Parts 1915, shipyard employment; 1917, marine
terminals; 1918, longshoring; and 1919, gear certification, as well as
provisions of general industry and construction standards (29 CFR Parts
1910 and 1926) appropriate to hazards found in these employments),
employment on Indian land, and any contractors or subcontractors on any
Federal establishment where the land is determined to be exclusive
Federal jurisdiction. Federal jurisdiction is also retained with
respect to Federal government employers and employees. Federal OSHA
will also retain authority for coverage of the U.S. Postal Service
(USPS), including USPS employees, contract employees, and contractor-operated facilities engaged in USPS mail operations.
1952.295(b)(2)
In addition, any hazard, industry, geographical area, operation
or facility over which the State is unable to effectively exercise
jurisdiction for reasons which OSHA determines are not related to the
required performance or structure of the plan shall be deemed to be an
issue not covered by the State plan which has received final approval,
and shall be subject to Federal enforcement. Where enforcement
jurisdiction is shared between Federal and State authorities for a
particular area, project, or facility, in the interest of
administrative practicability Federal jurisdiction may be assumed over
the entire project or facility. In any of the aforementioned
circumstances, Federal enforcement authority may be exercised after
consultation with the State designated agency.
1952.295(c)
Federal authority under provisions of the Act not listed in
section 18(e) is unaffected by final approval of the Nevada State plan.
Thus, for example, the Assistant Secretary retains his authority under
section 11(c) of the Act with regard to complaints alleging
discrimination against employees because of the exercise of any right
afforded to the employee by the Act, although such complaints may be
referred to the State for investigation. The Assistant Secretary also
retains his authority under section 6 of the Act to promulgate, modify
or revoke occupational safety and health standards which address the
working conditions of all employees, including those in States which
have received an affirmative 18(e) determination, although such
standards may not be Federally applied. In the event that the State's
18(e) status is subsequently withdrawn and Federal authority
reinstated, all Federal standards, including any standards promulgated
or modified during the 18(e) period, would be Federally enforceable in
that State.
1952.295(d)
As required by section 18(f) of the Act, OSHA will continue to
monitor the operations of the Nevada State program to assure that the
provisions of the State plan are substantially complied with and that
the program remains at least as effective as the Federal program.
Failure by the State to comply with its obligations may result in the
suspension or revocation of the final approval determination under
Section 18(e), resumption of Federal enforcement, and/or proceedings
for withdrawal of plan approval.
[47 FR 25325, June 11, 1982. Redesignated at 52 FR 34383, Sept. 11, 1987. 65 FR 20742, April 18, 2000; 65 FR 36627, June 9, 2000]
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