The Occupational Safety and Health Administration withdrew its proposal to revoke Arizona’s State Plan for occupational safety after the state implemented national standards this past year.
The announcement follows OSHA’s public notice on April 21, 2022, that the administration would look into revoking the Arizona Plan’s status, replacing it with OSHA national standards until brought to the proper criterion.
“Upon receiving final approval, a state’s ongoing retention of that approval is conditioned on its continued ability to maintain a program which…is at least as effective as Federal program operations,” the document said. “This includes a requirement that, when Federal OSHA makes a program change that renders its program more effective, the State Plan must timely adopt a corresponding change in order to maintain a safety and health program that is at least as effective as Federal OSHA.”
The rescission of the reconsideration was announced on February 14, after a period of public comment until Oct. 14, 2022. Among the 226 responses was one from Arizona, explaining the state had taken considerable action to address OSHA’s initial concerns, including adapting outstanding directives and laws.
Amendments initiated by the state include the adoption of three outstanding final rules relating to cranes and railroad roadway work, an increase in current and future penalty levels, and the adoption of national COVID-19 recordkeeping standards.
Despite these changes, other comments expressed continued concern for the Arizona State Plan.
“The Arizona Division of Occupational Safety and Health has long had a reputation of favoring industry at the expense of workers when it comes to worker safety regulation enforcement,” the Arizona Public Health Association said. “The State Legislature hasn’t commissioned an Auditor General report about the Industrial Commission since 1995.”
Other industry groups expressed support for the plan, saying that having a state plan allows for local problems to be addressed.
“Having a local agency available is extremely important in a time of need,” the Associated Specialty Contractors of Arizona said. “If employers no longer have a local entity to rely on in the event of educational needs or an emergency, the public of Arizona will suffer.”
The Arizona Chamber of Commerce and Industry submitted a multi-page report signed by 30 associations and city chambers of commerce in favor of the Arizona State Plan. Organizations include the Arizona Farm Bureau, the National Safety Council’s Arizona division, and the Greater Phoenix Chamber of Commerce.
“In Fiscal Year 2021, the Arizona Division of Occupational Safety and Health (ADOSH) completed over 1,000 consultations visits, impacting over 26,000 workers, provided training to nearly 16,000 workers, and worked with employers and workers to abate over 4,500 hazards,” the letter wrote.
OSHA’s withdrawal of its revocation proposal comes in light of numerous complaints over faulty inspections, as regulated by the state’s enforcement program. The administration says it will look into these reports and address them accordingly.
Republished with the permission of The Center Square.
