Title 29, LaborRelease 119-110
§667 State Jurisdiction and Plans
Title 29 › CHAPTER 15 — OCCUPATIONAL SAFETY AND HEALTH › § 667
Summary
States may use their own workplace safety rules when there is no federal rule on the issue. If a State wants to take over making and enforcing rules where a federal standard already exists, the State must send in a plan explaining how it will do that. The Secretary will approve the plan if it names the State agency in charge; promises rules and enforcement that are at least as effective as the federal ones and, when they affect items used across state lines, are needed for local reasons and do not unfairly block interstate commerce; ensures inspections without advance notice; shows the agency has legal power, trained staff, and enough money; provides a comparable program for public employees; and requires employers and the State to send reports to the Secretary as requested. If the Secretary rejects a plan or later finds the State is not following it, the State gets notice and a hearing. The State can ask a U.S. court of appeals to review the Secretary’s decision within thirty days. After a plan is approved, the Secretary may keep authority for similar federal standards until he sees the plan working, but not sooner than three years after approval. The Secretary may also let a State keep enforcing its standards temporarily until a final decision on a plan or until two years from December 29, 1970, whichever comes first.
Full Legal Text
Title 29, §667
Labor, Source: USLM XML via OLRC
(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), 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), 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), he may, but shall not be required to, exercise his authority under section 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) are being applied, but he shall not make such determination for at least three years after the plan’s approval under subsection (c). Upon making the determination referred to in the preceding sentence, the provisions of section 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.
Reference
Citations & Metadata
Citation
29 U.S.C. § 667
Title 29, Labor
Last Updated
Sep 22, 2026
Release point: 119-110