Enforcement

(iii) Enforcement. Although section 18(c)(6) of the Act requires State public employee programs to be as effective as standards contained in the State plan, minimum enforcement elements are required to ensure an effective and comprehensive public employee program as follows: (A) Regular inspections of workplaces, including inspections in response to valid employee complaints; (B) A means for employees to bring possible violations to the attention of inspectors; (C) Notification to employees, or their representatives, of decisions that no violations are found as a result of complaints by such employees or their representatives, and informal review of such decisions; (D) A means of informing employees of their protections and obligations under the Act; (E) Protection for employees against discharge of discrimination because of the exercise of rights under the Act; (F) Employee access to information on their exposure to toxic materials or harmful physical agents and prompt notification to employees when they have been or are being exposed to such materials or agents at concentrations or levels above those specified by the applicable standards; (G) Procedures for the prompt restraint or elimination of imminent danger situations; (H) A means of promptly notifying employers and employees when an alleged violation has occurred, including the proposed abatement requirements; (I) A means of establishing timetables for the correction of violations; (J) A program for encouraging voluntary compliance; and (K) Such other additional enforcement provisions under State law as may have been included in the State plan. (3) In accordance with 1902.3(b)(3), the State agency or agencies designated to administer the plan throughout the State must retain overall responsibility for the entire plan. Political subdivisions may have the responsibility and authority for the development and enforcement of standards: Provided, that the designated State agency or agencies have adequate authority by statute, regulation, or agreement to insure that the commitments of the State under the plan will be fulfilled.

Source

29 CFR § 1902.4


Scoping language

None
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