I am a publicly owned facility in a state with a delegated OSHA program. Why are my processes considered to be in Program 3 when the same processes in a state where federal OSHA runs the program are in Program 2?
Federal OSHA cannot impose its rules on state or local governments, but when OSHA delegates its program to a state for implementation, the state imposes the rules on itself and local governments. Because these governments are complying with the identical OSHA PSM rules imposed by federal OSHA, they are subject to Program 3. In meeting their obligations under state OSHA rules, they are already substantially in compliance with the Program 3 prevention program requirements. State and local governments in non-state-plan states are not subject to any OSHA rules and must comply with Program 2.