US OSHA may revoke approval of Arizona’s state OSHA plan

The Occupational Safety and Health Administration (“OSHA”) is charged with ensuring employees enjoy a safe and healthful work environment, either through the federal program or a federally-approved state plan that is at least as effective as the federal program.

The effectiveness of a state plan is virtually never an issue. Nonetheless, OSHA has announced its intent to revoke final approval of Arizona’s plan.

In particular, OSHA claims that, over the past decade, Arizona has generally failed to adopt adequate maximum penalty levels, safety and health standards, and National Emphasis Programs. More specifically, Arizona has not adopted OSHA’s COVID-19 Healthcare Emergency Temporary Standard.

View the OSHA proposal. With its April 21 publication, OSHA has started the revocation process. Public comments may be submitted by May 26. If necessary, OSHA will conduct an online evidentiary hearing on August 16.

Once OSHA considers the comments and analyzes the testimony and evidence collected in the hearing, it will publish a second notice announcing its revocation decision.