Arizona defends state plan against OSHA’s proposed revocation

Inside OSHA
July 8, 2022

The Industrial Commission of Arizona (ICA) is raising a long list of defenses against OSHA’s proposal to withdraw its state plan authority under the OSH Act, saying the federal agency’s claim of a “history of shortcomings” by ICA is merely a “pretext” for a revocation and that it has never established a legal standard to deem a state program inadequate.

In a July 6 comment letter, ICA argues that OSHA has no proper grounds to claim that it is not satisfying the OSH Act’s requirement for state plans to be “at least as effective” as the federal program, or ALAE, both because the Biden administration’s claims of specific violations by Arizona are either outdated or inaccurate, and because there is no legal bar for such a determination.

“Aside from not having an objective definition of ALAE or appropriate metrics for evaluating its own program let alone a State Plan, OSHA has failed to set forth accurate data, statistics, or legal authority to support its conclusion that Arizona’s State Plan is not ALAE or to justify the severe sanction of revocation of final approval,” ICA writes.

OSHA proposed withdrawing Arizona’s OSH Act authority in April, citing what it described as “a history of shortcomings” such as failing to adopt counterparts to federal rules on subjects ranging from fall protection to maximum enforcement penalties and, most recently, COVID-19 infection controls for healthcare facilities as set out in the 2021 emergency temporary standard (ETS) for that sector.

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