The Occupational Safety and Health Administration will withdraw its proposal to reconsider and revoke final approval of Arizona’s State Plan for occupational safety and health, leaving the state’s plan in place, according to www.osha.gov. NRCA submitted comments on behalf of its members regarding OSHA’s proposal to revoke the state plan that supported Arizona’s ability to maintain its state plan, so NRCA is pleased to see it has been resolved without revocation.
The announcement follows OSHA’s publication of a Federal Register notice April 21, 2022, that proposed reconsideration and revocation because of the Arizona State Plan’s nearly decade-long pattern of failures to adopt adequate maximum penalty levels, occupational safety and health standards, National Emphasis Programs and the COVID-19 Healthcare Emergency Temporary Standard.
OSHA accepted public comments regarding the proposal through July 5, 2022. On that day, Arizona submitted a public comment advising OSHA that the state’s plan had completed significant actions to address the agency’s concerns, including adopting outstanding federal standards and directives; enacting state laws to ensure Arizona’s future maximum and minimum penalty levels track with OSHA federal levels; and authorizing adoption of an emergency temporary standard when OSHA or the Industrial Commission of Arizona determines grave danger criteria are met.
Considering Arizona’s efforts, OSHA postponed a scheduled public hearing and reopened the comment period until Oct. 14, 2022, to allow stakeholders another opportunity to comment on the proposed revocation.
On Feb. 14, OSHA announced it will withdraw its proposal to reconsider the final approval status of the Arizona State Plan, despite recent public reports of a downward trend in inspections in the plan’s enforcement program, which were not part of OSHA’s April 2022 Federal Register notice. OSHA takes these reports seriously and is working with the Arizona State Plan to address these issues.
