Department of Labor Considers Revoking Arizona’s OSHA Plan

The U.S. Department of Labor (DOL) announced yesterday it is considering revoking final approval of Arizona’s state Occupational Safety and Health Administration (OSHA) plan for its failure to maintain standards to adequately protect workers in the state.

State OSHA plans are OSHA-approved job safety and health plans operated by individual states rather than the federal agency. OSHA approves and monitors all state plans and provides up to 50% of each program’s funding.

For nearly the last 10 years, OSHA has noticed that Arizona’s state plan has failed to adopt and enforce standards and policies that are as effective as those of the federal administration. Acting on these concerns, the agency may initiate proceedings to revoke final approval, and reinstate federal authority over occupational safety and health issues in the state.

The proposal to revoke Arizona’s state OSHA plan is available for public inspection at the Federal Register and will be published on April 21. Those who are affected by the proposal have until May 26, 2022 to submit comments. If necessary, OSHA will hold an online hearing on August 16, 2022 at 10 a.m. ET. Those interested in testifying or questioning witnesses must submit a notice of their intention by May 11.

Following a 35-day comment period and a possible hearing, OSHA will announce its decision through a second Federal Register notice.