29 U.S.C. § 667 — State jurisdiction and plans

(a) State^* standards when no Federal standard applies. Nothing in this chapter prevents a State agency or court from asserting jurisdiction under State law over an occupational safety or health issue for which no standard is in effect under section 655.

(b) State plan to replace applicable Federal standards. A State that wants to take responsibility for developing and enforcing its own occupational safety and health standards on an issue covered by a Federal standard issued under section 655 must submit a plan for developing and enforcing State standards.

(c) Conditions for approval. The Secretary^* must approve the State plan or a modification if, in the Secretary’s judgment, it: (1) names State agencies responsible for administering the plan throughout the State; (2) provides for developing and enforcing standards for one or more safety or health issues that are, or will be, at least as effective in providing safe and healthy employment and workplaces as the related section 655 standards, and that, when applying to products distributed or used in interstate commerce, are required by compelling local conditions and do not unduly burden interstate commerce^*; (3) provides a right to enter and inspect every workplace covered by this chapter that is at least as effective as the right in section 657 and bans advance notice of inspections; (4) assures that the agencies have, or will have, legal authority and qualified personnel to enforce the standards; (5) assures that the State will provide enough money to administer and enforce them; (6) assures that, as far as State law permits, the State will establish and maintain an effective, complete occupational safety and health program for all employees of State and local public agencies, as effective as the standards in the approved plan; (7) requires employers to report to the Secretary in the same way and to the same extent as if the plan did not exist; and (8) provides that the State agency will report to the Secretary in the form and with the information the Secretary periodically requires.

(d) Rejection of plan; notice and hearing. Before rejecting a subsection (b) plan, the Secretary must give the State due notice and an opportunity for a hearing.

(e) Secretary’s authority after approval; duration; retained jurisdiction. After approving a State plan, the Secretary may—but need not—use authority under sections 657, 658, 659, 662, and 666 concerning comparable standards issued under section 655. The Secretary may do so until determining, based on actual operations under the plan, that the subsection (c) criteria are being applied, but may not make that determination until at least three years after approval. After the determination, sections 654(a)(2), 657 (except to carry out subsection (f) here), 658, 659, 662, and 666, and section 655 standards, no longer apply to occupational safety or health issues covered by the plan. The Secretary may keep jurisdiction under those provisions over a proceeding begun under section 658 or 659 before the determination date.

(f) Continuing evaluation and withdrawal. Based on State-agency reports and the Secretary’s inspections, the Secretary must continually evaluate how each State with an approved plan carries it out. If, after notice and an opportunity for a hearing, the Secretary finds a substantial failure to comply with any plan provision or assurance, the Secretary must notify the State agency that approval is withdrawn. Upon receiving the notice, the plan stops being effective. The State may keep jurisdiction over a case begun before withdrawal to enforce plan standards if the issues do not concern the reasons for withdrawal.

(g) Judicial review. A State may ask the United States court of appeals for the circuit where it is located to review the Secretary’s rejection or withdrawal decision. It must file a petition to modify or set aside all or part of the action within 30 days after receiving notice. It must promptly serve the Secretary, who must certify and file the decision’s record as provided in section 2112 of title 28. The court must affirm unless it finds that the decision is not supported by substantial evidence. The Supreme Court may review the judgment by certiorari or certification under section 1254 of title 28.

(h) Temporary enforcement. The Secretary may agree with a State that the State may continue enforcing one or more occupational safety and health standards in effect there until the Secretary takes final action on the State’s subsection (b) plan or until two years after December 29, 1970, whichever comes first.