1952.215(a) As a result of the Assistant Secretary's determination granting final approval of the Maryland plan
under section 18(e) of the Act, effective July 18, 1985, 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 Maryland plan. This determination also relinquished concurrent Federal OSHA authority to
issue citations for violations of such standards under sections 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(b) and other inspections, investigations, or proceedings necessary to carry
out Federal responsibilities not specifically pre-empted 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 Act under section 17. The Assistant Secretary retains jurisdiction under the above provisions in any proceedings commenced under sections
9 or 10 before the effective date of the 18(e) determination.
..1952.215(b)
1952.215(b)
1952.215(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 Maryland 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 private
sector maritime employment (29 CFR Part 1915, shipyard employment; Part
1917, marine terminals; Part 1918, longshoring; Part 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; and employment on military bases.
Federal jurisdiction is also retained with respect to Federal
government employers and employees; and the U.S. Postal Service (USPS),
including USPS employees, and contract employees and contractor-
operated facilities engaged in USPS mail operations.
1952.215(b)(2)
In addition, any hazard, industry, geographical area, operation
or facility over which the State is unable to effectively exercise
jurisdiction for reasons not related to the required performance or
structure of the plan shall be deemed to be an issue not covered by the
finally approved plan, 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 either of the two
aforementioned circumstances, Federal enforcement may be exercised
immediately upon agreement between Federal and State OSHA.
1952.215(c) Federal authority under provisions of the Act not listed in section 18(e) is unaffected by final
approval of the 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.
1952.215(d) As required by section 18(f) of the Act, OSHA will continue to monitor the operations of the Maryland
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 revocation of the final determination under section 18(e),
resumption of Federal enforcement and/or proceedings for withdrawal of plan approval.
[50 FR 29220, July 18, 1985; 65 FR 36623, June 9, 2000]
|