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OSH ACT AND OSHA STANDARDS

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OSHA Approved State Programs

OSHA certifies a state has the legal, administrative, and enforcement means necessary to operate effectively. This action does not determine on how well a state is actually operating its program, it merely attests to the structural completeness of the program. After this certification there is a period of at least one year to determine if a state is effectively providing safety and health protection.

Employers and employees should find out if their state operates an OSHA-approved state program and, if so, become familiar with it. State safety and health standards under approved plans must keep pace with federal standards, and must guarantee employer and employee rights as does OSHA. If the state is operating a program that is as effective as federal OSHA and other requirements, final approval of the plan may be granted and federal authority will cease in those areas over which the state has jurisdiction.

Anyone finding inadequacies or other problems in the administration of a state's program may file a confidential complaint about state program administration (CASPA) with the appropriate OSHA regional administrator. OSHA investigates all such complaints and, where valid, requires appropriate corrective action on the part of the state.

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